Prosecution seeks life for Ngirabatware

The prosecution Monday requested the International Criminal Tribunal for Rwanda (ICTR) to hand down the maximum sentence of life imprisonment to former Rwandan Planning Minister, Augustin Ngirabatware, for his role in the 1994 Genocide against the Tutsi.Giving reasons why the ex-minister should be given such a heavy sentence, Trial Attorney Rashid Rashid said; “In light of the evidence presented, Ngirabatware’s genocidal intent has been proved beyond reasonable doubt”.The prosecutor was presenting closing arguments before a Trial Chamber presided by Judge William Hussein Sekule. He submitted that Ngirabatware committed serious offences and participated in the joint criminal enterprise through coordination and interaction with others.“He committed, prepared, incited, instigated, encouraged, abetted and approved the killings of Tutsi civilians. He committed these crimes in his home commune of Nyamyumba (in Gisenyi prefecture, western Rwanda),” the prosecutor submitted.Rashid reminded the judges that they had heard evidence that a day after the plane crash that killed former President Juvenal Habyarimana, on April 6, 1994, Ngirabatware went to his commune, where he allegedly delivered weapons.The prosecutor submitted that as a minister in the interim government, member of MRND at the prefecture level and son-in-law of Felicien Kabuga, the accused was a driving force in his home commune and in Gisenyi prefecture as a whole.“He engineered the election of Faustin Bagango, as Bourgmestre of the commune and set a focal point in the killings of Tutsis. They had common purposes. He used him to distribute weapons, organise and lead Interahamwe to kill Tutsi,” he said. “Ngirabatware did not want to see any Tutsi in Nyamyumba Commune anymore.”Ngirabatware is charged with conspiracy to commit genocide, genocide or in the alternative, complicity in genocide, direct and public incitement to commit genocide and extermination and rape as crimes against humanity. Meanwhile, the ICTR has allowed British Legal Consultant, Wayne Jordash, on the defence team during the appeal hearing in the case of ex-Rwandan army officer, Captain Innocent Sagahutu.According to the decision, Jordash would address the Chamber and provide assistance to the convict’s defence team on a pro bono basis, without any financial implications for the Tribunal.Other members of the defence team are Fabien Segatwa (Lead Counsel) and Scott Martin (Co-counsel). No date has been set yet for hearing the appeal.In the appeal, Sagahutu is challenging a lower court judgment delivered on May 17, 2011 in a case known as Military II, alongside three others; Generals, Augustin Bizimungu and Augustin Ndindiliyimana and Major Francois-Xavier Nzuwonemeye.They were all convicted of crimes against humanity and war crimes. Bizimungu was sentenced to 30 years, while Ndindiliyimana was sentenced to the time served since his arrest on January 29, 2000. Nzuwonemeye and Sagahutu received 20 years each.Sources say Jordash specialises in international and humanitarian law, criminal and human rights law and transitional justice issues. He has represented clients in the United Kingdom and in international tribunals.At the ICTR, he was a member of defence team in cases involving Ignace Bagilishema, who was acquitted, and Michel Bagaragaza, who has completed his eight years jail term.

National

Prosecution seeks life for Ngirabatware