The Prosecutor v. GAA

International Criminal Tribunal for ~ w z d a Tribunal p6nal international pour le Rwanda OR: ENG TRIAL CHAMBER 111 Before Judges: Dennis C. M. Byron, Presiding Gberdao Gustave Kam Vagn Joensen Registrar: Adama Dieng 1 Date: 4 December 2007 THE PROSECUTOR v. GAA' Case No. ZCTR-07-90-R77-Z I JUDGEMENT and SENTENCE Defence Counsel Cecil J. Mamma Silvana Arbia Richard Karegyesa Abdoulaye Seye Florida Kabasinga Dennis Mabura ' The Accused is a ted witness who testified in different trial under the pseudonym GAA. Therefore, the real name of the cannot be disclosed.

. , Judgement and Sentence ~ I. THE PROCEEDINGS 1. On 11 June 20071 an Indictment against the Accused known by the pseudonym of GAA b was issued.' It contai ed counts, namely: giving false testimony under solemn declaration SIX (Count I);~c ontemp1 of the Tribunal (Count 11);~a nd various attempts to commit acts punishable as conk of the Tribunal (Counts I11 to VI). This Indictment was confirmed on 11 June 2007.~ 2. GAA was Kigali, Rwanda on 30 July, 2007 and transferred to the Tribunal on August 2007, he made his initial appearance and pleaded guilty to Count I and not guilP4 to the other five counk7 The President of the Tribunal assigned a Trial Chamber to deal wit both the guilty plea for Count I and the not guilty pleas for Counts 11, 111, IV, V, and VI of he ~ndictments,e~t ting down the hearing for 3 December 2007.

3. On 27 ~ovembei2 007, the Prosecutor filed a plea agreement together with a solemn declaration and statbent of admitted facts signed by the Accused,' and an application to 4 anlend the indictme .In On 30 November 2007, the Chamber granted the amendment of the Indictment, only two counts: giving false testimony under solemn declaration of the Tribunal (Count 11) ("Amended Indictment")." The Prosecutor signed by the Accused, in which GAA confirmed his plea of guilty to Count I andlentered a plea of guilty to Count I1 of the Amended ~ndictment.'~ 4. On 3 December 007, pursuant to Rules 62 and 62 bis of the Rules of Procedure and Evidence ("the Rule GAA pleaded guilty to both counts in the Amended Indictment. The with the Accused, declared itself satisfied that the guilty plea March 2007 ("Original Indictment") Procedure and Evidence ("the Rules"). (TC), 11 June 2007. ' T. 10 August 2007, p. - and Not Guilty Pleas of GAA Rule 62 of the Rules of - Rules 73, 50 and 5 1 and 62 bis(A)(i) of the / Prosecutor v. GAA, Case No. ICTR-07-90-R77-I

Judgement and Sentence was made freely a 1 voluntarily, was well informed, unequivocal, and was based on sufficient facts for tf crime and Accused's participation in it. The Chamber entered a verdict of guilty sentencing the Accused to nine months imprisonment.'3 In its oral ruling, the Chamber indicated at the written reasons for its sentencing would follow. The present Judgement is the aut xitative statement of the Chamber's findings and reasoning.

11. THE FACTS 5. In his statemenl of admitted facts, as well as in the guilty plea agreement, GAA acknowledged that c 18 May 2005, he knowingly and wilfully gave false testimony under solemn declaration c ring an evidentiary hearing before the Appeals Chamber in both open and closed sessions in the appeal against the conviction and sentence of Jean de Dieu ~amuhanda.O'~n th occasion, GAA falsely recanted the testimony he had given before the Trial Chamber and te tified that he was not present at Gikomero Parish on 12 April 1994 and did not witness the : tions of Jean de Dieu Kamuhanda at the time of the massacre on that day as he had previo ly testified. GAA stated that he was introduced to Lkonidas Nshogoza, an investigator in the Iefense team of Jean de Dieu Kamuhanda by a fellow witness known to the Tribunal undl the pseudonym of GEX. GAA stated that his false testimony was induced by Lkonidas qshogoza, who gave him money and paid for his meals and drinks on several occasions an' offered him the reward of 1,000,000 Rwandan Francs for giving false testimony. GAA co plained that after he had given the false testimony he was never paid the promised amount 6. Rules 77 (G) and 11 (G) of the Rules provide that the offences for which GAA has been convicted carry a m: imum sentence of five years andlor $10,000.00. The Prosecutor, after entering the plea a@ ement with the Accused,

pursuant Rule 62 his (A), submitted that a sentencing range of s ?en to twelve months was appropriate in the present case. However, the Chamber notes that ule 62 his (B) provides that the Chamber is not bound by any such agreement. It is then Ire the duty of the Chamber to satisfy itself on this issue. " T. 3 December 2007 14 Prosecutor v. Jeun de I ?u Kamuhanda, Case No. ICTR-99-54A-A Prosecutor v. GAA, Case No. ICTR-07-90-R77-I

Judgement and Sentence 7. In discussing to impose, the Chamber notes that neither this Tribunal nor the International for Former Yugoslavia ("ICTY") have rendered judgements for giving false testimony has been imposed. Although with issues of contempt, none of them have mled on related to contempt reflecting other types of misconduct.'* 8. The Chamber that the penalty should reflect the goals of retribution, deterrence, rehabilitation, and of society. Article 23 (2) of the Statute of the Tribunal ("the Statute") and provide for the Chamber to consider, inter ulia, the conduct, the individual circumstances of the accused, including substantial cooperation with the conviction, and the extent to which any for the same act has already been served.

9. The Counsel for Accused acknowledged that the offences of giving false testimony under solemn and contempt of the Tribunal, are serious but asked for leniency. a financial punishment. He contended that the Accused was depended on him as its sole breadwinner. He suggested given by an official of the Tribunal. He also 1 stressed the fact that the Accused was a genocide survivor and asked the Chamber to take account of his guilty lea, his full confession and the remorse he expressed.

10. The Chamber false testimony under solemn declaration and contempt of the Tribunal as very as they constitute a direct challenge to the integrity of the trial process. integrity of the administration of justice is particularly criminal offences. It is therefore necessary for general 1 Prosecutor v. GAA, Case No. ICTR-07-90-R77-I

Judgement and Sentence deterrence and denui iation to be given high importance in sentencing policies. Although all perjury is serious, tl Chamber is of the view that the most serious category is where the perjured evidence ir ~eingg iven to lead to the conviction of an innocent person and the second most serious ategory is where, as in this case, the perjured evidence is given in the hope of procuring tk acquittal of a guilty person. The Chamber therefore considers that the gravity of the offenc requires that a custodial sentence must be imposed taking into account the mitigating factor, hat have been established. 11 . The Chamber fu ler considers the view that as a general principle the culpability of the person who induced he offence is yeater than that of the person who was induced. The Chamber notes with lisapproval that no indictment was issued against Leonidas Nshogoza. The Chamber recall! hat, when the Prosecution Counsel was asked about this matter during the proceedings he1 on 3 December 2007, he indicated that the matter was still under review.I6 The Cham :r considers that the Tribunal must take all reasonable steps to protect the integrity of its ov proceedings and expects that the Prosecutor will do what is necessary.

12. The Chamber no s that GAA pleaded guilty at his initial appearance and even before that date had made confi sions to the Prosecutor. He has given details of his wrongdoing and provided informatio which could assist in the prosecution of others. When he appeared before the Chamber : asked for forgiveness and the Chamber accepts the submissions of his Counsel that he h. exhibited remorse." In its sentencing, the Chamber takes into consideration the mil pting factors stressed by the Defence.

13. The Chamber c nsiders that the sentencing range submitted by the Prosecutor is appropriate, and not1 that it coincides with the Chamber's views on the balance between the gravity of the offen : and the mitigating factors submitted by the Accused. Under these circumstances, the C amber has decided that a sentence in the middle of the agreed range would be appropriate 16 T. 3 December 2007,~ 17 T. 3 Dccember 2007,~ Prosecutor v. GAA, Case No. ICTR-07-90-R77-I

~ Judge tent and Sentence IV. DISPOSITION I. H LVTNG guilty on the two counts of giving false testimony under of the Tribunal; sentence of nine (9) months imprisonment crediting him transfer to the Tribunal and during trial; 1 HI. WLES that thi judgement shall be enforced immediately, and that until his transfer to the : dd place of imp isonment, GAA shall be kept in detention un,:ler the present conditions. Aru! ha, 4 ~ecemher2007d, one in English. /" .. ... ., . . Up i ens? Judge Prosecuror v. GAA, Case No. ICTR-07-90-R77-I 616 \ '\

TRANSMISSION SHEET FOR FILI-N G OF DOCUMENTS WITH CMS COURT MANAGEMENT SECTION (Art 27 of the Dlrectlve for the Reglstty) - I GENERAL INFORMATI R. N. Kouambo I J.-P. Fomet M. Diop M. Diop R. Muzigo-Morrison f K. K. A. Afande From: . Defence [7 Prosecutor's Office i Other: I I (names) (names) (names) i 1 Case Name: The ~rosecutdvrs . GAA Case Number: ICTR-90-R77-I 1 Dates: Transmitted: 5 December 2007 Document's date: 4 December 2007 1 No. of Pages: 6 Original Language: English French Kinyarwanda Title of JUDGEMEN" and SENTENCE I I I I Document: I Classification Level: TRIM Document Type: 0 Strictly Confidential / Under Seal Indictment Warrant Correspondence ~ubmissibfro m non-parties Confidential Decision Affidavit Notice of Appeal aSubmi&n from parties Public Disclosure Order Appeal Book ff.~ccus&~particulars Judgement Motion Book of ~uthoritiesiy ' . - I1 TRANSLATION STATU~O N THE FILING DATE (TO be completed by t G ~ h e m ~I rFoilin g Party I , . , c CMS SHALL take necessary adtion regarding translation. ::1 , ' Filing Party hereby submits nly the original, and will not submit any translated vers-ii . c.. -7 [7 Reference material is provid d in annex to facilitate translation. .= 07 Y' -3 I Target Language@): English French [7 Kinyatwanda I CMS SHALL NOT take any ac regarding translation. Filing Party hereby submits TH the original and the translated version for filing, as

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