MUNYARUGARAMA, Phénéas (MICT-12-09)

INDICTMENT

Phénéas Munyarugarama was charged with genocide, complicity in genocide, direct and public incitement to commit genocide, as well as crimes against humanity, committed in Kigali-Rural préfecture in Rwanda in April and May 1994. During this period, Munyarugarama held the rank of Lieutenant Colonel in the FAR and was the commander of Gako military camp and the highest-ranking military officer in the Bugesera region, Kigali‑Rural préfecture.

The operative indictment against Munyarugarama, dated 13 June 2012 (“Indictment”), alleges that on 10 April 1994, approximately 10 reservists were brought to Gako military camp and, in Munyarugarama’s presence and on his direction, were given weapons to harm and kill Tutsis. The Indictment alleges that these weapons were later used by the reservists  ̶  acting in accordance with Munyarugarama’s design, instructions, prompting, encouragement, and assistance  ̶  to harm or kill Tutsis in the Bugesera region, including at roadblocks at Gahembe centre (Maranyundo secteur, Kanzenze commune), at Nyamata Church on or about 15 April 1994, and during searches for Tutsis in Maranyundo secteur between 15 and 20 April 1994.

According to the Indictment, between April and early May 1994, soldiers from Gako military camp, reservists and members of the national gendarmerie, Interahamwe, and armed Hutu civilians acted in accordance with Munyarugarama's design, instructions, prompting, encouragement, and assistance, and launched large-scale attacks, killing and harming thousands of Tutsis who had sought refuge at various locations including the Kanzenze communal office (in Nyamata secteur), Nyamata Catholic Church (Kanazi secteur, Kanzenze commune), Ntarama Catholic Church (Ntarama secteur, Kanzenze commune), Nyamata secteur, as well as Cyugaro primary school and the Ntarama swamps.

The Indictment further alleges that in April 1994, Munyarugarama, acting with others, dispatched soldiers from Gako military camp and, on certain occasions, Interahamwe and Hutu civilians, to harm and kill Tutsis who had sought refuge at various locations in the Bugesera region  ̶  including in Nyamata City, at a bar at the Gahembe trading centre in Muyange cellule, at the Institut de Science et d’Agronomie Rurale (Mwendo secteur), on Kayumba hill, on Rebero hill, at the office of the Sous‑préfet of Nyamata, and at Nyamata hospital  ̶  and to loot the property of Tutsis.

One count of genocide (Count 1)

One count of complicity in genocide (Count 2)

One count of direct and public incitement to commit genocide (Count 3)

Four counts of crimes against humanity

• Extermination (Count 4)
• Murder (Count 5)
• Persecution (Count 6)
• Rape (Count 7)

REFERRAL OF CASE TO RWANDA

On 28 June 2012, a Chamber of the ICTR ordered that the case of Phénéas Munyarugarama be transferred to the authorities of the Republic of Rwanda (“Rwanda”). 

On 7 May 2014, a Single Judge of the Mechanism, Judge Vagn Joensen, requested all Member States of the United Nations (“UN”) to search for, arrest, and transfer Munyarugarama to the custody of the National Public Prosecution Authority of Rwanda.

According to UN Security Council Resolution 1966 (2010), all States have an obligation to cooperate with the Mechanism in the location, arrest, detention, surrender, and transfer of accused persons who are still at large.

On 18 May 2022, the Office of the Prosecutor of the Mechanism confirmed the death of Munyarugarama. On 16 December 2022, a Single Judge of the Mechanism, Judge William H. Sekule, found that the Office of the Prosecutor of the Mechanism had presented sufficient information to establish that Munyarugarama was deceased and, notwithstanding any possible termination of the case against Munyarugarama before a court in Rwanda, terminated the proceedings against Munyarugarama before the Mechanism.