The Trial Chambers of the International Criminal Tribunal for Rwanda (ICTR) resumed public hearings on Monday 13 January 2003. There are 9 cases in progress involving 22 accused.
Before the judicial recess, the Semanza and Ntakirutimana cases were and continue to be under deliberation by the Third and First Chambers respectively. In the Media, Kajelijeli and Kamuhanda trials, the Prosecution has closed its case and the respective defense cases are in progress. The Kajelijeli case will resume on 31 March 2003. In the Cyangugu case, Chamber III adjourned the trial on 6 November 2002 after 129 days of hearings. Hearings will resume on 20 January 2003.
The current status of the trials in progress is as follows:
The “Media Case” (Nahimana, Ngeze, Barayagwiza).
Trial chamber I, Judges Pillay (presiding), Møse and Gunawardana.
The case resumed on 13 January 2003 before Trial Chamber I. The trial was adjourned on 11 December 2002 after 196 days of hearings during which 47 prosecution witnesses and 10 defense witnesses were heard. Jean-Bosco Barayagwiza, former Director in the Ministry of Foreign Affairs, Ferdinand Nahimana, former Director of the RTLM radio station and Hassan Ngeze, former Editor of Kangura newspaper are charged, in particular, with crimes in connection with hate propaganda disseminated before and during the 1994 genocide.
“Kamuhanda Case” (Jean de Dieu Kamuhanda).
Trial Chamber II, Judges Sekule (presiding), Maqutu and Ramaroson.
The trial of Jean de Dieu Kamuhanda, former Minister of Culture and Higher Education, opened on 17 April 2001. The Prosecution case closed its case on 14 May 2002. On 12 September 2002, the trial was adjourned after 51 days of hearings during which 29 prosecution witnesses and seven defense witnesses were heard. The case resumed on Monday 13 January 2003 with the appearance of defence witnesses.
“Semanza Case” (Laurent Semanza)
Trial Chamber III, Judges Ostrovsky (presiding), Williams and Dolenc.
Continuing deliberations are scheduled this weeks in the case of Semanza, former mayor of Bicumbi Commune. He is charged with genocide and crimes against humanity in connection with mass killings which took place in Bicumbi and Gikoro communes in April 1994. No date has yet been set for the delivery of the judgement.
The “Cyangugu Case” (Bagambiki, Imanishimwe, Ntagerura)
Trial Chamber III, Judges Williams (presiding), Ostrovsky and Dolenc.
Trial opened 18 September 2000. The defense of Andre Ntagerura, former Minister of Transport, Emmanuel Bagambiki, former Prefect of Cyangugu and Samuel Imanishimwe, former Commander of Cyangugu Military barracks will resume on 20 January 2003 before Trial Chamber III. The prosecution closed its case on 21 November 2001 after 73 days of hearings during which 40 witnesses were heard. 54 defence witnesses had been heard when the case was adjourned on 6 November 2002.
Niyitegeka Case (Eliezer Niyitegeka)
Trial Chamber I, Judge Pillay (presiding), Møse and Vaz.
Trial of Niyitegeka, former Minister of Information, opened on 17 June 2002. The Prosecutor closed her case on 29 August 2002. The defence opened its case on 17 October 2002 and closed on 15 November 2002 after calling 11 defence witnesses. Closing arguments in the case will be heard on 27 and 28 February 2003.
The “Butare Case” (Nyiramasuhuko, Ntahobali, Nteziryayo, Nsabimana, Ndayambaje and Kanyabashi)
Trial Chamber II, Judges Sekule (presiding), Maqutu and Ramaroson.
Trial opened on 12 June 2001. The trial was adjourned on Wednesday 13 November 2002 after 87 days of hearings during which 18 Prosecution witnesses were heard. The case will resume on 24 February 2002. The six accused are jointly charged with genocide and crimes against humanity in connection with mass killings, which took place in Butare Prefecture in 1994.
“Ntakirutimana case” (Elizaphan Ntakirutimana and Gérard Ntakirutimana).
Trial Chamber I, Judges Møse (presiding), Pillay and Vaz.
Trial opened on 18 September 2001. The Prosecution case closed on 2 November 2001 after 27 days of hearings during which 19 Prosecution witnesses were heard. Trial resumed with Defence case from 4 to 15 February 2002 and then from 10 April to 10 May 2002, a total of 30 hearing days during which 24 Defense witnesses were heard, including the two accused. The hearing of the case was closed on 22 August 2002 after 59 days of hearings. The case is now under deliberation. Elizaphan Ntakirutimana, former Pastor of the Seventh Day Adventist Church in Mugonero, and his son, Gérard Ntakirutimana, a physician and former Medical Director at Mugonero hospital, Kibuye Prefecture, are charged with genocide and crimes against humanity in connection with mass killings which took place inside Mugonero Adventist Complex, which included a church and a hospital.
“Kajelijeli Case” (Juvenal Kajelijeli)
Trial Chamber II, Judges Sekule (presiding), Maqutu and Ramaroson.
Trial opened 13 March 2001 and was restarted 2 July 2001. On 10 April 2002, the Prosecution closed its case having called 14 witnesses. The Defence case opened on Monday 16 September. By 29 November 2002, 16 Defence witnesses had been heard. The session was adjourned on 12 December 2002 and will resume on 31 March 2003 for four weeks.
“The Military Case”, (Bagosora, Kabiligi, Ntabakuze, Nsengiyumva)
Trial Chamber III, Judges Williams (presiding), Dolenc and Vaz.
This case opened on 2 April 2002. By 28 November 2002 there had been 28 trial days occupied mainly with the testimony of Dr. Alison des Forges. The case was adjourned on 5 December 2002. No date has yet been set for resuming the hearings.
Appeals Chamber
“Rutaganda Case” (Georges Rutaganda).
Appeals Chamber: Judges Jorda (presiding), Shahabuddeen, Pocar, Güney and Meron.
The case of George Rutaganda, former second vice-president of the national committee of the Interahamwe, is before the Appeals Chamber, pending the final judgement. Trial Chamber I found him guilty of genocide and crimes against humanity and sentenced him to life imprisonment, on 6 December 1999. Rutaganda’s appeal against his conviction and sentence was heard in Arusha on 4 and 5 July 2002. No date has yet been set for delivery of the final judgment in this case.