Lifelong sentence for man involved in the Rwandan genocide

Genocide in Rwanda

Between 6 April 1994 and mid-July 1994, hundreds of thousands of Rwandans were killed in Rwanda. The vast majority of the victims belonged to the Tutsi ethnic group. This was not a spontaneous outbreak of ethnic violence, but a state-organized mass murder of a section of its own population with the aim of exterminating that ethnic group. The court finds that, during those months in 1994 in Rwanda, genocide was committed against the Tutsi population.

Raid

In Mbazi, the municipality where the suspect lived, people were also called upon to destroy the Tutsi’s. The mayor of Mbazi instructed residents that “the weeds must be swept into a heap before they can be set alight.” The day after this speech, a raid took place, targeting the homes of Tutsi’s. The attackers looted various kinds of property of Tutsi’s and set fire to the premises. A song was sung during the attack, containing the message: we are going to eradicate them.

At the time of the raid, the defendant was responsable: a local person of authority, overseeing approximately 1000 inhabitants of Mbazi. He was present during this attack along with other persons from the local government. All together, they were seen as the leaders of the attack. As the attackers went into the homes of the Tutsi-communities and set fire to the premises, the defendant watched from the road.

There is no evidence that the defendant was involved in the incitement to genocide. The suspect is acquitted of this count.

Genocide

In the days after the raid, approximately 5.000 to 7.000 Tutsi’s sought refuge at the stadium of Byiza, assuming they would be safe there. On 25 April 1994, however, a large number of them were killed by Hutu extremists and soldiers. Later, more than 4,000 bodies were exhumed from various mass graves in the vicinity of the stadium.

The defendant was involved in the killings. He was at the stadium and gave the present Hutu’s instructions to let no Tutsi escape the stadium. In the afternoon, shots were fired at the Tutsi’s, they were pelted with stones, and hand grenades were thrown onto the field. One grenade was thrown by the defendant. Survivors of the afternoon attack were killed with clubs and machetes.

Sentence

Committing these kind of war crimes and committing genocide carries severe penalties: a temporary prison sentence of twenty years (at the time) or a lifelong prison sentence.

According to the Court, the conduct was committed with genocidal intent: a person’s group identity determined whether they survived. The victims included, in particular, defenseless civilians who were seeking a safe haven. The Court holds the defendant responsible for this. In 1994, the suspect was a man who was held in high regard and he must have been aware of his role and the influence he had as a local authority. Instead of staying on the sidelines, the defendant committed multiple severe crimes.

The Court therefore finds that a temporary prison sentence does not do justice to the exceptional severity of the crimes committed. The conduct of the defendant establishes a significant lack of respect for human dignity and for human life as such, that only a lifelong prison sentence does justice to the immense suffering that has been inflicted on the victims and the bereaved families.

Claims for damages are inadmissible

Nine victims and their next of kin have claimed compensation. Assessing these claims poses too great a burden on the criminal proceedings. Whether or not the victims and their next of kin were entitled to compensation must, in fact, be assessed in accordance with Rwandan law. In order to do so correctly, an expert must be appointed which would cause the criminal proceedings to take too much time. For that reason, the Court finds that the claims for damages are inadmissible. The victims and their next of kin can still take their case to the civil court.

Extensive proceeding

The verdict marks the conclusion of a major investigation that lasted several years, during which more than thirty witnesses were interviewed by the police and the investigating judge. In almost all cases, these interviews took place in Rwanda. The court proceedings lasted a total of seven days and could be followed via a video link in Kinyarwanda and in English. Nine victims or their next of kin had travelled from Rwanda to the Netherlands to attend the hearing in The Hague.

Court for international crimes

The District Court of The Hague is the only Dutch court that adjudicates international crimes. In this case, these were war crimes and genocide. Previous cases involved crimes against humanity and torture.