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Rwanda decisions
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The High Court acquitted three accused journalists, finding no proof of intent to incite unrest or spread rumors, and noting the repealed offense could not be pursued.
The Court of Appeal held that public statements alone were not enough for the offence; the prosecution had to prove specific intent to incite unrest, which it failed to do.
The Appeals Chamber found that, except where notice was lacking and not cured, the indictments and subsequent disclosures provided sufficient notice of the charges and material facts. Convictions were upheld where evidence established guilt beyond reasonable doubt for the pleaded crimes and modes of liability. Where convictions were based on unpleaded or insufficiently notified conduct, or where evidence was lacking, convictions were reversed. Sentences were reduced where undue delay or errors in aggravating factors were found, but otherwise reflected the gravity of the crimes and individual…
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The Supreme Court held that Ingabire's conduct and statements constituted criminal conspiracy to harm the government, genocide denial, and incitement. The court found no fair trial violations, confirmed the court's power to recharacterize offences, excluded the Netherlands evidence (A, D, E) for the conspiracy charge, but found the remaining evidence sufficient. Sentences were adjusted to reflect aggravating and mitigating factors, with Ingabire sentenced to 15 years' imprisonment.
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Trial Chamber II in the Bizimungu et al. case addressed disclosure, notice, counsel, delay, alibi, witness credibility, and several genocide-related allegations.
The Chamber found that Bagosora, Ntabakuze, and Nsengiyumva exercised superior responsibility over subordinates who committed genocide, crimes against humanity, and war crimes, and that they ordered, aided, or abetted specific massacres and attacks against Tutsi civilians and political opponents. The Chamber acquitted all accused of conspiracy to commit genocide, finding the evidence insufficient to prove an agreement to commit genocide prior to 7 April 1994. Kabiligi was acquitted of all charges due to lack of evidence of command authority or direct involvement. The Chamber imposed life impr…
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