Appeals chamber to deliver Judgement in the Ngirabatware case on 27 September 2019 – Accreditation procedure now open

The Appeals Chamber of the International Residual Mechanism for Criminal Tribunals (“Mechanism”), comprised of Judge Theodor Meron (Presiding), Judge Joseph E. Chiondo Masanche, Judge Lee G. Muthoga, Judge Aminatta Lois Runeni N’gum, and Judge Gberdao Gustave Kam will on Friday 27 September 2019 deliver the Review Judgement in the case of Prosecutor v. Augustin Ngirabatware at the Arusha branch of the Mechanism at 11.00 am.

The accreditation procedure is now open for those who wish to attend the pronouncement of the Review Judgement. Media representatives who wish to enter the Mechanism’s premises on the day must submit an accreditation request to mict-registryarusha [at] un.org by Thursday 26 September 2019 at 4.30 pm. Accreditation requests should include the full name of the media organisation, journalist(s), cameramen and other technicians, as well as their passport or ID number. Accredited media will be notified by email of the status of their accreditation and collection details by 09:00 am on Friday, 27 September 2019. Due to space limitations, there will be two different types of accreditation provided to journalists: one for access to the Mechanism’s press tent in addition to the public gallery of the Courtroom and the other will limit journalists’ access to the press tent.

Background

On 20 December 2012, Trial Chamber II of the International Criminal Tribunal for Rwanda convicted Augustin Ngirabatware, the Minister of Planning in the Interim Government of Rwanda in 1994, of direct and public incitement to commit genocide, based on his speech at a roadblock on the Cyanika-Gisa road in Nyamyumba Commune. The Trial Chamber also found Ngirabatware guilty of instigating and aiding and abetting genocide, based on his role in distributing weapons and his statements at two roadblocks in Nyamyumba Commune on 7 April 1994, and, under the extended form of joint criminal enterprise, of rape as a crime against humanity. The Trial Chamber sentenced Ngirabatware to 35 years of imprisonment.

On 18 December 2014, the Appeals Chamber of the Mechanism affirmed Ngirabatware’s convictions for genocide and direct and public incitement to commit genocide, while reversing his conviction for rape as a crime against humanity, and reduced his sentence to a term of 30 years of imprisonment.

On 8 July 2016, Ngirabatware filed before the Mechanism a request for review of his convictions in light of the discovery of a new fact that Prosecution Witnesses ANAT, ANAN, ANAM, and ANAE, who are the four key witnesses underpinning his convictions, had recanted their respective testimonies given at trial.

On 19 June 2017, the Appeals Chamber granted Ngirabatware’s request for review of his convictions and determined that a hearing should be held, pursuant to Rule 147 of the Rules of Procedure and Evidence of the Mechanism, to allow the parties to provide supporting and rebuttal evidence concerning the new fact.

The review hearing took place from 16 September 2019 until 24 September 2019. Ngirabatware called six witnesses. At the conclusion of the presentation of evidence by Ngirabatware, the Appeals Chamber heard oral submissions by the parties for the purpose of determining whether Ngirabatware has presented sufficient evidence capable of belief to establish the new fact. On 24 September 2019, the Appeals Chamber decided that Ngirabatware had not presented such evidence and that it was not necessary to hear Prosecution evidence in rebuttal.

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The International Residual Mechanism for Criminal Tribunals was established by UN Security Council Resolution 1966 (2010) to complete the remaining work of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia after the completion of their respective mandates. The Mechanism has two branches, one in Arusha, Tanzania, and one in The Hague, Netherlands.