THE PROSECUTOR v. SIMON BIKINDI

THE PROSECUTOR v. SIMON BIKINDI

Simon Bikindi was found guilty of direct and public incitement to commit genocide based on his public exhortations to kill Tutsi using a vehicle outfitted with a public address system on the main road between Kivumu and Kayove in late June 1994. The Chamber found that his statements constituted a direct, public call to exterminate the Tutsi, made with genocidal intent, and that his stature as a popular artist amplified the impact of his incitement. The Chamber found insufficient evidence to convict on other counts, including genocide, conspiracy, complicity, murder, and persecution, due to lack of proof of his participation, authority, or agreement with others to commit those crimes.

Citation
ICTR-01-72-T
Parties
Prosecution: The Prosecutor; Accused: Simon Bikindi
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
2 December 2008
Case Number
ICTR-01-72-T
Procedural Posture
International Criminal Trial (ictr) / Final Judgment and Sentencing
Outcome
Guilty on Count 4 (Direct and Public Incitement to Commit Genocide); Not guilty on Counts 1, 2, 3, 5, and 6.
Legal Topics
Genocide, Direct and Public Incitement to Commit Genocide, Crimes Against Humanity, Freedom of Expression, Persecution, Murder, Complicity, Conspiracy
Source Language
en, rw, fr
International Criminal Law Human Rights Law Genocide Direct and Public Incitement to Commit Genocide Crimes Against Humanity Freedom of Expression Persecution Murder +2 more

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Parties

The Prosecutor

Prosecution

Simon Bikindi

Accused

Procedural Posture

International Criminal Trial (ictr) / Final Judgment and Sentencing

Legal Issues

  1. 1 Whether Simon Bikindi is criminally responsible for genocide, conspiracy to commit genocide, complicity in genocide, direct and public incitement to commit genocide, murder as a crime against humanity, and persecution as a crime against humanity; Whether Bikindi's songs and public statements constituted direct and public incitement to commit genocide; Whether Bikindi had authority or control over Interahamwe or other perpetrators; Whether procedural defects in the indictment prejudiced the accused's right to a fair trial.

Ratio Decidendi

Simon Bikindi was found guilty of direct and public incitement to commit genocide based on his public exhortations to kill Tutsi using a vehicle outfitted with a public address system on the main road between Kivumu and Kayove in late June 1994. The Chamber found that his statements constituted a direct, public call to exterminate the Tutsi, made with genocidal intent, and that his stature as a popular artist amplified the impact of his incitement. The Chamber found insufficient evidence to convict on other counts, including genocide, conspiracy, complicity, murder, and persecution, due to lack of proof of his participation, authority, or agreement with others to commit those crimes.

Court Disposition

Guilty on Count 4 (Direct and Public Incitement to Commit Genocide); Not guilty on Counts 1, 2, 3, 5, and 6.

Orders

  • Simon Bikindi is sentenced to fifteen (15) years of imprisonment for direct and public incitement to commit genocide.
  • Credit for time served since 12 June 2001 is granted.