A judge of the International Criminal Tribunal for Rwanda today confirmed the indictment of Gratien Kabiligi, a former General in the General Staff of the Rwandan Armed Forces, and Aloys Ntabakuze, a former Major and Commander of the Para-Commando Battalion of the same army.
Confirming the joint indictment against the two, Judge Lennart Aspegren said there was sufficient evidence to provide reasonable grounds for believing that the suspects had committed the crimes, and that a prima facie case had been established with respect to all the ten counts as set in the indictment.
The accused were arrested in Kenya, during the Nairobi-Kigali (NAKI) operation in July this year, and transferred to Arusha. They are jointly charged with Genocide, Complicity in Genocide, Crimes Against Humanity, and with Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II thereto.
The indictment alleges that the accused either planned, incited to commit, ordered, committed or in some other way aided and abetted the planning, preparation or execution of the said acts. It further alleges that they also knew or had reason to know, that their subordinates were preparing to commit or had committed the said acts and failed to take the necessary and reasonable measures to prevent them from being committed or punish those responsible.
Gratien Kabiligi who was born on 18 December 1951, at Rusunyu, Kamembe Commune, in Cyangugu prefecture in Rwanda, is alleged to have clearly made anti-Tutsi statements and talked about the possibility of their elimination "within a short period of time." Through his statements and acts, he is alleged to have incited the lnterahamwe militiamen to murder Tutsi civilians.
Aloys Ntabakuze who was born in 1954 in Karago Commune in Gisenyi prefecture in Rwanda, is also alleged to have made clearly anti-Tutsi statements describing them as the enemy. He is alleged to have ordered his surbodinates to avenge the death of President Habyarimana by killing the Tutsis.
Meanwhile, tomorrow, 17 October 1997 Trial Chamber I, with Judge Laïty Kama Presiding and Judges Tafazzal Khan and Lennart Aspegren, will sit for the hearing of the initial appearance of Arsene Ntahobali who is defended by Counsel Dominique Tricaud. Pauline Nyiramasuhuko who is defended by Counsel Nicole Bergevin will also appear before the court for the setting of the trial date.