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TechnoratiXV. Annex 2: Analysis of RPA prosecutions by the Rwandan government for crimes committed in the year 1994
Information about prosecutions by the military justice service of crimes allegedly committed by RPA soldiers in 1994 is incomplete and sometimes contradictory. The table below summarizes that information and notes possible inconsistencies.
Total number of crimes prosecuted: 21
Total number of persons prosecuted: 32
Total number of victims listed 92
(or 91, see no. 5)
Total convicted and sentenced to prison: 14
Terms of imprisonment:
Life, reduced on appeal to 6 years 1
Terms between 3 and 4 years 5
Term of 2 years 7
Indeterminate term 1
(no 4: 5 years or 18 months?)
Total apparently not brought to trial: 11
Total acquitted 4
(no. 9: died before judgment?)
Total trials with no judgment: 3
(1 died, 2 no appearance)
RPA Soldiers Prosecuted in Rwanda for Crimes Committed in 1994
|
Name |
1994 list |
1998 list |
2002 List |
2007 List |
|
1. Lt Arthur Butare |
Murder (revenge) |
Inflicting Grievous Harm Acquitted |
Murder Acquitted |
|
|
2. Cpl Abubakar Safari |
Murder of civilian Gamaliere |
|||
|
3. Pte Frank Sekubumba |
Murder of civilian Gamaliere (as above) |
Sentence: 5 years (12/8/97) |
Assassination of Gamaliyeri Sentence: 2 years |
Murder of Gamaliyeri Sentence: 2 years (22/7/97) |
|
4. Pte Rurisa Kizito |
Murder (revenge) of 5 neighbors |
Sentence: 5 years (12/8/97) |
Murder of 6 people armed with pangas in the forest Sentence: 18 months (12/8/97) |
Murder of 6 people armed with pangas in a deserted area whom he thought were militia Sentence: 18 months (12/8/97) |
|
5. Pte Kabera Augustin |
Murder of 2 alleged militia; he admitted the killings Extrajudicial act |
|||
|
6. Cpl Ngarambe Joseph |
Murder of 4 civilians and children; he admits killing militia |
|||
|
7. Cpl Jean de Dieu Safari |
Murder of 2 alleged militia who had intent to poison another person Extrajudicial act |
|
8. Cpl Higirukwayo Thomas |
Murder of 2 alleged militia who had intent to poison another person (as above) |
|||
|
9. Sgt. Rubimbura Jean-Baptiste |
Murder of 10 people fleeing to Tanzania who had killed his family (revenge) |
Assassination in Murambi (Mutara) Died before court appearance |
Murder of 10 armed militia who killed his family Acquitted (self-defense) |
|
|
10. Cpl Niyonsenga Innocent |
Murder of 15 persons who had killed his family |
Sentence: 3 years in prison (12/8/97) |
Murder of 15 militia Sentence: 3 years in prison |
Murder of 15 alleged militia who had supposedly killed his family Sentence: 2 years (12/8/97) |
|
11. Pte Karegeya Boniface |
Murder Killed one of a group armed with sticks/stones |
Sentence: 2 years in prison (24/7/97) |
Murder of Nyirabagenzi (n.b. name of a woman) Sentence: 2 years in prison |
Shot at a group armed with spears at night, killed Nyirabagenzi Mitigating factors: time of insecurity and his inexperience Sentence: 2 years |
|
12. Sgt. Higiro Claude |
Murder Kidnapping of Rukara Pleads innocent |
|||
|
13. Karangwa Appolinaire no rank given |
Murder of 3 Revenge killing |
|||
|
14. Cpl. Ndanga |
Murder beat Munyaneza, suspected militia to death |
|||
|
15. Pte Kanyangoga Jean Bosco |
Murder |
beat Munyaneza, suspected Interahamwe, to death
|
(as above) |
|||
|
16. Sgt. Rwitare Sam [later lists spell name: Rwitatira] |
Murder of Musa, a businessman |
Assassination of Rwamuhama Musa and Tharcisse Acquitted |
Heard Musa and Tharcisse saying RPF no better than previous govt. and killed them. Acquitted claimed to have been tortured to confess and no other evidence |
|
17. Cpl. Nzigiye Augustine |
Murder of Musa, a businessman (as above) |
Assassination of Rwamuhama Musa and Tharcisse Acquitted |
Heard 2 men in a bar saying RPF no better than previous govt. and killed them Acquitted claimed to have been tortured to Confess and no other evidence |
|
18. Pte Mushumba |
Murder of 7 militia |
||
|
19. Pte Mwumvaneza Vincent |
Murder of alleged militia |
||
|
20. Pte Girukwayo (no other name given) |
Murder of alleged militia |
Pte Thomas Igirukwavo Sentence: 3 years (6/8/97) |
|
21. Mjr Bigabiro Sam |
Handwritten Name and rank only at end of typed list; no other details |
Sentence: life in prison (30/1/98) |
Murder of 30 civilians Ordered his guard to kill alleged militia Sentence: life in prison reduced to 6 years by Supreme Court (unspecified mitigating factors) |
|
22. Cpl Gato Denis |
Murder of 30 noncombatant civilians on orders of Bigabiro; pleaded guilty (mitigating circumstances, following orders Sentence: 3 years, 9 months) |
||
|
23. Sgt. Muhirwa Albert |
Murder of unidentified suspected genocide perpetrator who tried to escape Pleaded guilty (mitigating factors: time of war; only military could establish justice) Sentence: 2 years |
|
24. Sgt. Mugabo John |
Murder Aiding and Abetting criminals Sentence: 3 years and 3 months |
Murder of unidentified armed person Pleaded guilty to having ordered escaping prisoner shot Sentence: 3 years and 3 months |
|
25. Cpl. Africa Damascene |
Murder Aiding and Abetting criminals Sentence: 3 years and 3 months |
Murder of unidentified armed person Not guilty of murder; guilty of failure to report crime Sentence: 3 years and 3 months (as above) |
|
26. Pte Giseka Byagatonda |
Murder Aiding and Abetting criminals Sentence: 3 years and 3 months |
Murder of unidentified armed man Pleaded guilty (mitigating factors: obeying orders) Sentence 3 years and 3 months (as above) |
|
27. Sgt. Rujugiro Innocent |
Murder of suspected militia Did not appear in court |
|
|
28. Sgt. Ngamije Pie |
Murder of suspected militia Sentence: 2 years (as above) |
|
29. Cpl Uwamungu Jacques |
Murder of suspected militia Died before court appearance (as above) |
|
30. Pte Rutsindura Epimaque |
Murder of suspected militia Did not appear in court (as above) |
|
31. Pte Havugimana Emmanuel |
Murder of suspected militia Sentence: 2 years (as above) |
|
32. Cpl Kamugunga Innocent |
Murder (with Cpl Uwamungu (no. 29) of suspected killer of Uwamungu's family Pleaded not guilty to murder but guilty of non assistance (mitigating factors) Sentence 2 years |
Sources:
1.Two page document entitled "Capital Offences" and listing 21 accused persons (the last added in script at the end of the list), provided by Rwandan authorities in November 1994.
2.One page document, untitled, provided by the Auditorat Militaire, dated 3 June 1998.
3.International Federation of Human Rights Leagues (FIDH), "Victims in the Balance, Challenges ahead for the International Criminal Tribunal for Rwanda," found at http://www.fidh.org/afriq/rapport/2002/rw34a.pdf, (accessed November 18, 2006), particularly pp. 16-17 and annexes.
4.Rwanda Military Prosecution, "RPA Soldiers Who Committed Crimes of Revenge During and After 1994 Genocide and Were Prosecuted Before Rwandan Military Courts," April 2007.