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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ubushinjacyaha
Prosecution
Twagiramungu Jean
Defendant
Procedural Posture
Criminal / Judgment at First Instance
Legal Issues
- 1 Whether Twagiramungu Jean participated in attacks that killed Tutsi civilians in Mbazi, Cyanika Parish, and Musange Commune during the 1994 genocide
- 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.
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