The Appeals Chamber of the International Criminal Tribunal for Rwanda today upheld in part the convictions of Ferdinand Nahimana, Jean-Bosco Barayagwiza and Hassan Ngeze. Ferdinand Nahimana and Jean-Bosco Barayagwiza for the role played in the Radio Télévision Libre des Mille Collines (“RTLM”) and Hassan Ngeze for his publication in Kangura Newspaper. The implication of Jean-Bosco Barayagwiza in the Coalition pour la Défense de la République (“CDR”) as well as the role of Hassan Ngeze in the events that engulfed the prefecture of Gisenyi was also upheld.
The Appellants were found guilty of conspiracy to commit genocide, genocide, direct and public incitement to commit genocide, persecution and extermination as crimes against humanity.
The Appeals Chamber was composed of Judges Fausto Pocar, Presiding, Mohamed Shahabuddeen, Mehmet Güney, Andrésia Vaz and Theodor Meron.
The Appeals Chamber confirmed that some RTLM broadcasts after 6 April 1994 directly incited to commit genocide against the Tutsis and substantially contributed to the killing of a great number of Tutsis. In addition, the Appeals Chamber found that RTLM broadcasts after 6 April 1994 constituted acts of persecution against the Tutsi population and held Nahimana liable for the crimes of direct and public incitement to commit genocide and persecution as a crime against humanity for his failure to prevent and punish the broadcasting of criminal speech by his subordinates at the RTLM. As some of Nahimana’s convictions were quashed, the sentence of life imprisonment imposed by the Trial Chamber was reduced to 30 years.
The Appeals Chamber confirmed that Barayagwiza supervised roadblocks controlled by CDR militants and Impuzamugambi where Tutsis were killed, and that he distributed weapons used to kill Tutsis . Accordingly, the Appeals Chamber affirmed Barayagwiza’s convictions for the crimes of genocide, extermination and persecution as crimes against humanity. As some of Barayagwiza’s convictions were quashed, the 35-year sentence by the Trial Chamber was reduced to 32-year.
The Appeals Chamber affirmed Hassan Ngeze’s convictions for having aided and encouraged genocide in Gisenyi, for having directly and publicly incited to commit genocide through the 1994 Kangura publications, and for having aided and abetted extermination as a crime against humanity. As some of Ngeze’s convictions were quashed, the Appeals Chamber reduced the sentence of life imprisonment to 35 years.