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XV. 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