Posted by: APO | 15 June 2010

Appeals Chamber Hears Oral Arguments in the Kalimanzira Case / (2) Closing Arguments Submitted in Ntawukulilyayo Trial


Appeals Chamber Hears Oral Arguments in the Kalimanzira Case / (2) Closing Arguments Submitted in Ntawukulilyayo Trial


KIGALI, Rwanda, June 15, 2010/African Press Organization (APO)/ —

Appeals Chamber Hears Oral Arguments in the Kalimanzira Case / (2) Closing Arguments Submitted in Ntawukulilyayo Trial


The Appeals Chamber Hears Oral Arguments in the Kalimanzira Case


The Appeals Chamber of the International Criminal Tribunal for Rwanda, composed of Judge Theodor Meron, presiding, Judge Mehmet Güney, Judge Fausto Pocar, Judge Andrésia Vaz, and Judge Carmel Agius, today heard oral arguments in the appeals lodged by Callixte Kalimanzira and the Prosecution against the Judgement rendered by Trial Chamber III on 22 June 2009.


The Trial Chamber found Kalimanzira guilty of instigating and aiding and abetting genocide at the Butare-Gisagara roadblock around 22 April 1994 and for aiding and abetting genocide at Kabuye hill on 23 April 1994 and at the inauguration of Élie Ndayambaje as bourgmestre of Muganza Commune on 22 June 1994. In addition, it found Kalimanzira guilty for direct and public incitement to commit genocide at the Jaguar roadblock in mid to late April 1994, at the Kajyanama roadblock in late-April 1994, at the Gisagara marketplace at the end of May 1994, and at the Nyabisagara football field in late-May or early June 1994. Kalimanzira was sentenced to a single term of 30 years of imprisonment.


Kalimanzira contends that the Trial Chamber committed a number of errors of fact and law, and accordingly requests the Appeals Chamber to overturn his convictions. The Prosecution requests that the Appeals Chamber enter a conviction for ordering or committing genocide in relation to the events at the Butare-Gisagara roadblock and Kabuye hill and increase Kalimanzira’s sentence to life-imprisonment.


Kalimanzira was born in 1953 in Muganza Commune, Butare Prefecture, Rwanda.

He joined the Ministry of Interior in January 1992 and served as directeur de cabinet, the ministry’s second most senior official, from September of that year through to the relevant events of 1994.


(2) Closing Arguments Submitted in Ntawukulilyayo Trial


The closing arguments in the case of Dominique Ntawukulilyayo, who is charged with genocide (alternatively, complicity in genocide), and direct and public incitement to commit genocide, were presented on 14 June 2010

before Trial Chamber III, composed of Judges Khalida Rachid Khan

(presiding), Lee Gacuiga Muthoga, and Aydin Sefa Akay. The Prosecution requested the Defendant’s conviction and life imprisonment; the Defense requested his acquittal.


Speaking for the Prosecution, Ms. Thembile Segoete presented arguments meant to establish Ntawukulilyayo’s control over soldiers at Kabuye Hill and his subsequent responsibility for their actions, as well as his direct personal contributions.


Addressing the court, Ntawukulilyayo expressed his ongoing sadness over the events at Kabuye and of the genocide as a whole, and thanked those involved

with his trial. The Defense, led by Mr. Maroufa Diabira (Mauritania),

argued that many of the Prosecution’s witnesses were unreliable, that the Prosecution had not proven its case beyond a reasonable doubt, and that the Defendant’s actions and good character support his innocence.


Ntawukulilyayo, former sous-prefet of Gisagara sous-prefecture in Butare prefecture, is alleged to have played a leading role in the events at Kabuye Hill in Gisagara on 23 and 24 April 1994. At Kabuye, Tutsi refugees were encouraged and in some cases forced to gather on the hill; they were later killed by militiamen and government soldiers. Ntawukulilyayo was arrested in France on 16 October 2007 and transferred to the UN detention facility in Arusha on 5 June 2008. He made his first appearance in court on 10 June 2008.


Judgement of the case will be delivered on a date to be announced later.



International Criminal Tribunal for Rwanda


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