MPIRANYA, Protais (MICT-12-02)

INDICTMENT

Protais Mpiranya was charged with genocide or, alternatively, complicity in genocide, as well as crimes against humanity and murder as a violation of Common Article 3 and Additional Protocol II to the Geneva Conventions of 1949, committed in Rwanda between 6 April and 17 July 1994. During this period, Mpiranya was the Commander of the Presidential Guard Battalion of the FAR.

The operative indictment against Mpiranya, dated 3 August 2012 (“Indictment”), alleges that during this period, there were widespread and/or systematic attacks throughout Rwanda against the civilian population based on Tutsi ethnic identification and political grounds. During the attacks, some Rwandan citizens killed or caused harm to persons perceived to be Tutsi, political opponents and their affiliates, and peacekeepers.

The Indictment alleges that Mpiranya is responsible for the killings and/or causing of serious harm to persons identified as Tutsi, including the killing of the Prime Minister of the Transitional Government, Agathe Uwilingiyimana; the President of the Constitutional Court, Joseph Kavaruganda; the Minister of Agriculture, Frédéric Nzamurambaho; the Minister of Information, Faustin Rucogoza; and the Vice-President of the Parti Social Démocrate and potential candidate for the Presidency of the Transitional Assembly under the Arusha Accords, Félicien Ngango. The Indictment further alleges that Mpiranya is responsible for the killing by the FAR of ten Belgian United Nations (“UN”) peacekeepers at Camp Kigali. 

One count of genocide (Count 1)

One count of complicity in genocide (Count 2)

Five counts of crimes against humanity

• Murder (Count 3)
• Extermination (Count 4)
• Rape (Count 5)
• Persecution (Count 6)
• Other inhumane acts (Count 7)

One count of violation of Common Article 3 and Additional Protocol II

• Murder (Count 8)

TRANSFER OF CASE TO THE MECHANISM

Upon commencing operations at its Arusha branch on 1 July 2012, the Mechanism assumed jurisdiction over this case from the ICTR. On 1 August 2012, Protais Mpiranya’s file was transferred from the ICTR to the Prosecutor of the Mechanism.

On 29 April 2013, a Single Judge of the Mechanism, Judge Vagn Joensen, vacated the previous ICTR warrant of arrest and order for transfer of Mpiranya and issued a new warrant of arrest and an order for transfer requesting all UN Member States to search for, arrest, and transfer Mpiranya to the custody of the Arusha branch of the Mechanism. 

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 12 May 2022, the Office of the Prosecutor of the Mechanism confirmed the death of Mpiranya, based on the conclusive identification of Mpiranya’s remains in Zimbabwe. On 14 September 2022, a Single Judge of the Mechanism, Judge Florence Rita Arrey, found that the Office of the Prosecutor of the Mechanism had presented sufficient information to establish that Mpiranya was deceased and terminated the proceedings against Mpiranya before the Mechanism.