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Rwanda decisions
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ICTR Trial Chamber judgment in The Prosecutor v. Callixte Nzabonimana, addressing indictment notice, disclosure, alibi, witness credibility, and genocide-related allegations.
The Appeals Chamber found that many of the convictions were based on charges not properly pleaded in the indictment and not cured by post-indictment materials, requiring reversal of those convictions. The Chamber affirmed that superior responsibility requires proof of effective control and knowledge, and that the evidence did not support findings of ordering or knowledge for several incidents. The Chamber found that the failure to enforce a subpoena for a key defence witness violated fair trial rights but was remedied by hearing the witness on appeal. Cumulative convictions for murder and ext…
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The Chamber found that the Prosecution failed to prove a conspiracy to commit genocide, but proved various individual and superior-responsibility crimes for some Accused on certain incidents, while acquitting them on other allegations; convictions were entered only where the evidence established the charged conduct and, for war crimes, the required nexus to the armed conflict. The Chamber held that Bizimungu’s liability for extermination was limited to the Josephite Brothers compound because the proof concerning the préfecture office and EER in Butare did not reach the scale required for exte…
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Appeals Chamber judgment partly allowed Samuel Imanishimwe’s appeal, set aside Article 6(3) convictions for the Gashirabwoba events, upheld the remaining convictions, and reduced his sentence to 12 years.
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