UBUSHINJACYAHA vs. TWAGIRAMUNGU Jean

UBUSHINJACYAHA vs. TWAGIRAMUNGU Jean

The court found that Twagiramungu Jean was present and participated in attacks that killed Tutsi civilians at Kamondo Juvénal's and Bendantunguka Daniel's homes and at Cyanika Parish, as established by consistent and corroborated witness testimony. Although there was insufficient evidence to convict him for the...

Source-derived case information.

Citation
RP/GEN 00001/2018/HC/HCCIC
Parties
Prosecution: Ubushinjacyaha; Defendant: Twagiramungu Jean
Court
High Court
Jurisdiction
Rwanda
Judgment Date
16 February 2023
Case Number
RP/GEN 00001/2018/HC/HCCIC
Procedural Posture
Criminal / Judgment at First Instance
Outcome
Conviction
Legal Topics
Genocide, Joint Criminal Enterprise, Extradition, Criminal Responsibility, Sentencing
Source Language
rw
International Criminal Law Criminal Law Genocide Joint Criminal Enterprise Extradition Criminal Responsibility Sentencing

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Parties

Ubushinjacyaha

Prosecution

Twagiramungu Jean

Defendant

Procedural Posture

Criminal / Judgment at First Instance

  1. 1 Whether Twagiramungu Jean participated in attacks that killed Tutsi civilians in Mbazi, Cyanika Parish, and Musange Commune during the 1994 genocide
  2. 2 Whether Twagiramungu Jean is criminally liable for genocide under Rwandan and international law for his participation in these attacks

Ratio Decidendi

The court found that Twagiramungu Jean was present and participated in attacks that killed Tutsi civilians at Kamondo Juvénal's and Bendantunguka Daniel's homes and at Cyanika Parish, as established by consistent and corroborated witness testimony. Although there was insufficient evidence to convict him for the Musange attack and the killing of Ruzagiriza Alfred, his participation in the aforementioned attacks, together with others sharing a genocidal plan, constituted criminal liability for genocide under the basic form of joint criminal enterprise. The court concluded that Twagiramungu Jean acted with the specific intent to destroy, in part, the Tutsi group, and thus was guilty of...

Court Disposition

Conviction

Orders

  • Twagiramungu Jean is found guilty of genocide.
  • Twagiramungu Jean is sentenced to 25 years imprisonment.