Citation
Summary - Sentencing Judgement
5 November 2009
International Criminal Tribunal for Rwanda
Tribunal pénal international pour le Rwanda
UNITED NATIONS
NATIONS UNIES
TRIAL CHAMBER III
OR: ENG
Before Judges:
Vagn Joensen, Presiding
Judge Bakhtiyar Tuzmukhamedov
Judge Gberdao Gustave Kam
Registrar:
Adama Dieng
Date:
5 November 2009
THE PROSECUTOR
v.
Michel BAGARAGAZA
Case No. ICTR-05-86-S
________________________________________________________________________
SENTENCING JUDGEMENT - SUMMARY
________________________________________________________________________
Office of the Prosecutor:
Counsel for the Defence:
Mr. Wallace Kapaya
Mr. Patrick Gabaake
Mr. Moussa Sefon
Mr. Iskander Ismail
Mr. Geert-Jan Alexander Knoops
Mr. Wayne Jordash
Ms. Anne-Marie Verwiel
Summary - Sentencing Judgement
1.
5 November 2009
Today, the Chamber delivers its Sentencing Judgement in the case of the Prosecutor
versus Michel Bagaragaza. A summary of the Judgement will now be read out. The written
reasoning for the Judgement will follow shortly and will be the only authoritative statement
of the Chamber’s findings and reasoning in this case.
2.
Michel Bagaragaza was initially charged with conspiracy to commit genocide,
genocide, and in the alternative, complicity in genocide. Another charge was later added to
the Indictment.
3.
On 15 August 2005, Bagaragaza voluntarily surrendered to the Tribunal and made his
first initial appearance the next day where he pleaded not guilty to each of the three counts set
forth in the Initial Indictment.
4.
After failed attempts to transfer the case to a national jurisdiction and failed attempts
to proceed with the case before the Tribunal on the basis of a guilty plea agreement between
Bagaragaza and the Prosecution, the Parties filed another guilty plea agreement in August of
this year. This time the Trial Chamber accepted the agreement after being satisfied that
Bagaragaza’s acceptance of the plea agreement was made freely and voluntarily and that it
was informed and unequivocal. With leave from the Chamber, the Prosecutor filed an
amended Indictment charging Bagaragaza with one count of complicity in genocide to which
Bagaragaza pleaded guilty.
5.
On 3 November 2009, the Chamber heard one character witness. On the following
day, the Chamber admitted 12 written character statements into evidence as well as the
Parties’ joint statement on agreed facts concerning Bagaragaza’s cooperation with the
Prosecution.On that day, the Chamber also heard the Parties’ submission on sentencing and
Michel Bagaragaza’s personal address expressing remorse for his actions.
The Accused
6.
Michel Bagaragaza was born in 1945 in Bushiru region, Giciye commune, Gisenyi
préfecture, in Rwanda. He is married and the father of eight children.
7.
Before the genocide, Bagaragaza had become the Director General of OCIR/Thé, the
government office that controlled the tea industry in Rwanda. In this capacity, he controlled
eleven tea factories, which employed approximately 55,000 persons. He was also the vicepresident of Banque Continentale Africaine au Rwanda (“BACAR”) and a member of the
comité préfectoral of the MRND political party in Gisenyi préfecture.
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Summary - Sentencing Judgement
8.
5 November 2009
He has also confessed to being part of a powerful and tightly-knit group of people
known as the Akazu that exercised substantial political and financial power in Rwanda and
included the family members of the President of Rwanda.
Findings
9.
In accordance with Bagaragaza’s guilty plea, the Chamber has found him guilty of
complicity in genocide for having substantially contributed to the killings of more than one
thousand Tutsis who sought refuge at Kesho Hill and at Nyundo Cathedral. Thus, he aided
and abetted the planners and principal perpetrators of the killings, including military and
civilian leaders and members of the Interahamwe militia, members of the Presidential Guard,
military personnel, and the staff of the Rubaya and Nyabitu Tea Factories. Bagaragaza knew
that the planners and the principal perpetrator had the special genocidal intent to destroy, in
whole or in part, the Tutsi ethnic group, but he did not himself share that special intent.
10.
As to the particulars of Bagaragaza’s actions, the Chamber, in accordance with his
confession, has found that, on or about 8 April 1994, he participated in a meeting with the
bourgmestre and the chief of the Interahamwe and assistant bourgmestre of Giciye commune,
Thomas Kuradusenge, and learned that the two men had agreed that Kuradusenge would
organise and lead attacks against Tutsis who had sought refuge at Kesho Hill and Nyundo
Cathedral, and that reinforcements would continue to be sent to the attackers. Further,
Bagaragaza authorised that vehicles and fuel from the Rubaya and Nyabihu Tea Factories be
used to transport members of the Interahamwe for the attacks, that the attackers be provided
with weapons, which he had allowed the army to conceal at the tea factories in 1993, and that
personnel from the factories participate in the attacks. Moreover, he met with Kuradusenge
two or three times between 9 and 13 April 1994 and on Kuradusenge’s request gave him a
substantial amount of money to buy alcohol for the Interahamwe in order to motivate them to
continue with the killings in the Kabaya and Bugoyi areas.
DETERMINATION OF SENTENCE
11.
In determining the sentence, the Chamber has considered a number of factors that will
be addressed in the written reasons for the Judgement. In this summary, the Chamber will
only address the most decisive factors for its sentencing decision.
12.
Bagaragaza’s offence relates to genocide which is the most heinous of crimes known
to mankind. In this case, more than a thousand Tutsis who were fleeing their attackers were
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Summary - Sentencing Judgement
5 November 2009
killed indiscriminately, only because of their ethnicity. With respect to Bagaragaza’s mode
and degree of participation in that crime, however, the Chamber notes that Bagaragaza is not
charged with participating in the planning or execution of the killings or with aiding and
abetting the planners and principal perpetrators while sharing their genocidal intent. His
offence is aiding and abetting the genocidaires to a substantial degree with knowledge of their
genocidal intent. Further, there is no basis in the agreed facts presented to the Chamber to
assume that Bagaragaza consented to the military’s concealment of weapons at the tea
factories in 1993 so that they could be used for genocidal acts, or that he otherwise acted with
premeditation when he complied with the requests of the local political and Interahamwe
leaders. The Defence has led credible evidence that Bagaragaza in his personal and
professional life showed no bias against the Tutsis and was on excellent terms with them.
Therefore, and considering the circumstances, it is likely that, when agreeing to provide
assistance to the genocidaires, he was motivated by concern for the safety of his family and
himself. However, there is no sufficient basis in the agreed facts or the evidence of character
witnesses to conclude that Bagaragaza, being a very resourceful person, would have faced
imminent danger, had he not complied with the requests of the local political and
Interahamwe leaders.
13.
With respect to aggravating and mitigating factors, the Chamber notes that the
Prosecution has not made any submissions on particular aggravating factors and that it has
concurred with the Defence’s submissions on particular mitigating factors.
14.
The Chamber acknowledges as particularly important mitigating factors that
Bagaragaza surrendered voluntarily to the Tribunal in August 2005, that he pleaded guilty
when the charges were amended to comport with his confession, and that he thereby and in
his public address to the Court has shown genuine remorse for his actions.
15.
Even more important, however, is the fact that Bagaragaza has provided invaluable
assistance to the Prosecution in its investigations. His assistance started before he was
indicted without concern for self-incrimination, continued without reservation after he was
indicted and detained, and he has indicated his willingness to also assist in the future.
Bagaragaza has thereby, to a remarkable degree, contributed to the process of truthfinding
with respect to the Rwandan tragedy and to national reconciliation. This warrants a
substantial reduction of the sentence that the gravity of his offence would otherwise carry.
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Summary - Sentencing Judgement
16.
5 November 2009
The Parties have made a joint recommendation for a prison term of six to ten years.
The Chamber is not bound by the joint recommendation, but has taken it into due
consideration.
17.
Mr. Bagaragaza, will you please stand up while your sentence is pronounced.
18.
The Court sentences Michel Bagaragaza to a prison term of 8 years with credit for the
time he has spent in detention since his arrest on 15 August 2005 and will spend in detention
until he can start serving his sentence.
19.
Mr. Bagaragaza, you may sit down. It seems to follow from the terms of the Joint
Guilty Plea Agreement that there will be no appeal from either side against this Judgement. If
that is the case, the President of the Tribunal will as soon as possible in accordance with his
practice direction on this issue, designate in which State Bagaragaza shall serve his sentence.
20.
At the conclusion of this case, the Bench wishes to commend Counsel on both sides
and their teams for the exemplary way in which they have cooperated to have this case
completed in an expeditious and just manner.
21.
Thanks to staff.
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