indictment - samuel musabyimana (21 feb. 2001)

8/13/2019 Indictment - Samuel Musabyimana (21 Feb. 2001)

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INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA

1. The P rosecutor of the International Criminal Tribunal for Rwanda, pursuant tothe authority stipulated in Article 7 of the Statute of the InternationalCriminal T ribunalfor Rwanda (the Statute of the Tribunal ) charges:

SAMUEL MUSABYIMANA

with GENOCIDE; or in the alternative COMPLICITY IN GENOCIDE;CONSPIRACY TO COMMIT GENOCIDE; and EXTERMINATION as aCRIME AGAINST HUMANITY; offenses stipulated in Articles 2 and3 ofthe Statute of the Tribunal, as set forth below:

II. THE ACCUSED:

Samuel MUSABYIMANA was born on 6 July 956 in Mwendo commune,

Kibuye prfecture, in the Republic of Rwanda. At the time of the eventsreferred to in this indictment,Samuel MUSABYIMANA was Bishop of theAnglican Church in Shyogwe Diocese, G itarama prfecture.

III. CHARGES including CONCISE STATEMENT OF FACTS:

Count 1 GENOCIDE or alternativel yCOMPLICITY IN GENOCIDE:

The Prosecutor of the International Criminal Tribunal of Rwanda chargesSamuelMUSABYIMANA with GENOCIDE a crime stipulated in Article 2(3)(a) of the


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Statute, in that on or between the dates of7 April 1994 and 30 May 1994 inGitarama prjctu re, Rwanda, Samuel MUSABYIMANA was responsible for .killing or causing serious bodily or mental harm to members of the Tutsi populationwith intent to destroy, in whole or in part, a racial or ethnic group;

The Prosecutor of the Intemational Criminal Tribunal of Rwanda chargesSamuelMUSABYIMANA with COMPLICITY IN GENOCIDE, crime stipulated inArticle 2 3) e) ofthe Statute , in that on or between the dates of7 April 1994 and 30May 1994 in Gitarama prefecture, Rwanda, Samuel MUSABYIMANA wasresponsible for killing or causing serious bodily or mental harm to members of theTutsi population with intent to destroy, in whole or in part, a racial or ethnic group,as follows:

Pursuant to Article6 I) of the Statute: by virtue of his affirmative acts in planning,instigating, ordering, committing, or otherwise aiding and abetting the planning,

preparation or execution of the crime charged;or alternative ,Pursua nt to Article 6 3) of the Statute: by virtue of his actual and constructiveknowledge of the acts and omissions of soldiers, gendarmes, communal police,Interahamwe, civilian militia, junior clergy and civilians acting under his authority,and his failure to take necessary and reasonable measures to stop or prevent them, orto disc ipline and punish them, for their acts in the preparation and execution of thecrime charged, in that:

1. During the events referred to in this indictment, the Tutsi, the Hutu and theTwa were identified as ethnic or racial groups.

2 The victim s referred to in this indictment were Tutsi civilians fiom Gitaramaprfecture, and other civilian Tutsis that sought refuge in Gitarama.

3 During the period following 10 April 1994, groups of Tutsi civilian refugeesfled to Shyogwe Diocese to escape attack fiom local militias that chasedthem and se t fire to their homes. They took refuge in various buildings onthe Shyogwe church compound. Later, in late April 1994, numerous Huturefugees including civilians, soldiers and pastors coming from otherdioceses) that fled the zones of combat between the Rwandese PatrioticFront, a politico-military opposition group, and the Forces ArmesRwandaises, the Rwandan govemment armed forces, also took refuge atShyogwe diocese. During this period the total number of refugees at Shogwediocese was approximately 500, of which roughly 100 were Tutsi and 400were H utu.

4. During April and May 1994, following the escalation of the non-intemationalarmed conflict in the region of Shyogwe diocese and the increasing numbersof k illings in the communes of Gitararna prfecture, BishopSamuelMUSABYIMANA publicly stated that the situation for the Tutsi was verybad and that their end had arrived and that it was no use trying to hide them.


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the premises of the diocese since the church authorities did not want bloodspilled on the church grounds, and also inquired how many persons couldhkilled with the arms that they had.

After beating the Tu tsi refugees, soldiers and militias loaded them ont0 a p ick-

up truck and transported them to an unknown destination. None of the Tutsicivilians that were loaded ont0 the vehicle and taken away were ever seenagain.

Bishop Samuel MUSABYIMANA was present when civilian Tutsi refugeeswere loaded on t0 the vehicle and, fully aware of the fate that awaited the Tu tsirefugees, only intervened to Save a Hutu youth (son of Nelson MUTUSHI)that soldiers and militias had mistaken for Tutsi and loaded ont0 the vehicle tobe killed with the others. Bishop Samuel MUSABYIMANA publiclyinveighed upon the soldiers to fiee the youth since he was Hutu, not Tutsi.The soldiers and militias obeyed Bishop Samuel MUSABYIMANA and

allowed the youth to disembark, while the other Tutsi refugees were led aw ay,never to be seen again.

Arnong those that were beaten, forcibly loaded ont0 the vehicle andtransported out of the diocese and eventually killed were FidelMW ANANK ABAND A, his wife and three of his sons, Wellars KAMAN ZAand his wife, and Em manuel SEG ONG A, al1 identified as o r perceived to beTutsi.

On or abouts 2 My 1994, soldiers and militias forcibly transported otherTutsi refugees fiom Shyogwe diocese to unknown destinations where theywere killed.

Arnong those that were forcibly transported were Juvnal MPANU MU SINGOand five members of his family, LeonardKAYITARE and PARFUM, theassistant bourgmestre of Nyamabuye commune. None of these persons wereever seen alive again.

During the months of April and May 1994 roadblocks were mounted in theareas surround ing Shyogwe diocese under orders or authorization from or w iththe consent of Bishop Samuel MUSABYIMANA The roadblocks weremanned by students and employees of the diocese and were used to identiQand monitor and control the movement of Tutsi civilians in the areasurroun ding the diocese. As a direct consequence, numerous Tutsi civilianswere killed at roadblocks adjoining Shyogwe diocese.

Under the pretext of ensuring the security of the diocese, BishopSamuelMUSABYIMANA requested firearms for the diocese at a meeting held in h isresidence at Shyogwe diocese in May 1994. Lieutenant Col. TharcisseREN ZAH O participated in the meeting and complied with the bishop srequest by ordering delivery of firearmsa o the diocese, including a number ofKalachnikovs.


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Major Anne Marie NYIRAHAKIZIMANA and Pastor AthanaseNGILINSHUTI distnbuted the firearms that were delivered to Shyogwxidiocese to militias, students and several pastors.

Bishop Samuel MUS BYIM N knew that the firearms were distributed to

militias and to students and employees of the diocese that were manning theroadblocks, and that the f i r e m s would, or could, be used to kill Tutsicivilians.

On or about the moming of28 May 1994, BishopSamuel MUS BYIM Nsent a message to the Tutsi refugees that had taken refuge at the diocese andits surroundings through Pastor MU TIMURA (who had the co nfidence of therefugees), encouraging them to abandon their hiding places because he wouldhelp them to escape. When the refugees exposed themselves, the bishop spedoff in a vehicle.

The Tutsi refugees that followed Bishop Samuel MU S BYIM N Y sinstructions and came out of hiding were attacked by m ilitias. Those that couldnot escape were either killed or thrown alive into a hole, where they rem aineduntil they died. Among the victims of this attack were severa l old wom en, oneof w hom is identified as Emilienne NYIRAG ISIGAYI.

Later that same aftemoon, Bishop Samuel MUS BYIM N retumed toShyogwe diocese accompanied by an armed soldier. After being informedthat al1 the refgees had been killed, BishopSamuel MUS BYIM N paidthe militias that had launched the attack. Shortly thereafter, Bishop SamuelMUS BYIM N loaded several remaining Tutsi refugees aboard his vehicleso that they would accompany him in his flight from the diocese.During hisexile, Bishop Samuel MUS BYIM N used the presence of these Tutsirefgees to so licit funds fiorn intemationa l organizations and to jus tiQ severalof his public statements.

Among the militias that Bishop Samuel MUS BYIM N paid for theirservices in killing the refugees were MUH IRWA IREN EE, alias Captain ,JOSEPH (last name unknown), MCTLIGANDE, NDAHIMANA, SIS1 andKI WANA.

Bishop Samuel MUS BYIM N exercised authority over pastors and o therjunior members of the clergy in Shyogwe diocese, as well as ov er employeesof the diocese and members of the congregation of the church in Shyogwe,including students at the diocese secondary school and civ ilians that joined themilitias.

Bishop Samuel MUS BYIM N often publicly associated and kept counselwith political leaders, particularly the leadership of the MRND and Ministersof State and the President of the Republic. By virtue of these associations,coupled with his hierarchical authority 'in the Anglican Diocese at Shyogwe,particularly in light of the influence of the diocese on local affairs and the

local administration in Gitarama prfecture BishopSamuel

MUS BYIM N exercised de f cto authority over soldiers, gendarmes,


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com mu nal police and the civilian population that resided worked o r sough tshelter in Shyog we diocese including members of the civilian militias.yvirtue of that same authority Bishop Samuel MUSABYIMANA had thability and the duty to halt prevent discourage or sanction persons thatcomrn itted or were about to comm it such acts and did not do so or only did

so selectively.

During the events referred to in this indictment Bisho p SamuelMUSABYIMANA knew or should have known that studen ts and employeesof the diocese mounted roadblocks in the vicinity of the diocese for purposesof identiQing and killing Tutsi civilians as detailed above and did nothing tostop or discourage them or to discipline sanction or punish them.

Dur ing the events referred to in this indictment Bisho p SamuelMUSABYIMANA knew or should have known that Pastor NGILINSH UTIassisted soldiers and militias in the identification and forced removal o f Tutsi

refugees from the diocese for the purpose of killing them as detailed aboveand did nothing to stop or discourage them or to discipline sanction or punishthem.

Dur ing the events referred to in this indictment Bisho p SamuelMUSABYIMANA knew or should have known that firearms that wererequested or provid ed for the diocese under the guise of ensuring security wereintended and used by civilians subject to his authority for purposes of killingTutsi civilians as detailed above and did nothing to stop or discourage themor to discipline sanction or punish them.

As direct consequence numerous Tutsi civilians were killed. The killingsfurthered the national Government campaign against theRPF particularly itsstrategy of enlisting local administrative authorities and civilians organized as

33. Between 7 April and 30 May 1994 in Gitaramaprfecture Bishop SamuelMUSABYIMANA participated in a campaign of extermination against Tutsicivilians resulting in numerous deaths. The campaign intended thedestruction in whole or in part of the Tutsi ethnic group. Killings took placeat roadblocks on public thoroughfares and at notorious killing sites in the areassurrounding Shyogwe diocese. Bishop Samuel MUSABYIMANAparticipated in or facilitated the killings by specifically instructingsubo rdinates to assist soldiers and militias and by directly or indirectlyprov iding firearms to civilians under circumstances where he knew or shouldhave known that Tutsi civilians were or would be killed. The identity of eachvictim and the proximate number of fatalities and the exact circumstances ofeach death cannot be detailed exhaustively due to the overwhelmingdevastation of the non-intemational armed conflict and the enforced secrecy ofthe campaign of extermination.

34. Bishop Samuel MUSABYIMANA in his position of authority and acting inconcert with others participated in the planning preparation or execution of a


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civilian militias manning the roadblocks near the diocese, knowing that theywould be used in attacks upon civilian Tutsi. The guns were, in fact, usedkkill Tutsi civilians.

38. Bishop Sam uel MU SABY IMA NA, by the very nature of his approving

public associatio n with m embers of the Interim Government, both increasedhis own persona1 authority in the diocese and conferred the authority of hisclerical office on the policies of the Interim Government and its ministers.These associations were integral to the plan to enlist civilians in a campaign ofextermination against the Tutsi, as such.

39. During the events referred to in this indictment, thousands of civilian Tutsiswere killed in Gitararna prfecture. Killings took place at roadblocks in thevicinity of the Anglican Diocese at Shyogwe and at massacre sites in Kabgayi.Many of the victims were civilian Tutsi that sought refuge at the Anglicandiocese, but were instead delivered to governrnent forces for exterm ination by

Bishop Samuel MUSABYIMANA. The killings were products of theGovemrnent campaign to defeat the RP by enlisting local administrativeauthorities and civilians, organized as civilian militias or acting individually,to extermina te the Tutsi.

Count : EXTERM INATION as a CRIM E AGAINST HUMANITY:

The Prosecutor of the Intmational Criminal Tribunal of Rwanda charges SamuelMUSABYIMANA withEXTERMINATION as a CRIME AGAINST HUMA NITYa s stipulated in Article3 b) of the Statute, in that on or between the dates of6 April1994 and 30 May 1994 in Gitarama prfecture, Rwanda, Samu el MU SABY IMAN Awas responsible for killing persons, or causing persons to be killed, during masskilling events as part of a widespread or systematic attack against a civilianpopulation on political, ethnic or racial grounds, as follows:

Pursuant to Article 6 1) of the Statute: by virtue of his affirmative acts in planning,instigating, ordering, committing, or othenvise aiding and abetting the planning,preparation or execu tion of the crime charged;or alternatively

Pursuant to Article 6 3) of the Statute: by virtue of his actual or constructiveknowledge of the acts or omissions of his subordinates, including soldiers, gendarmes,comm unal police, Interahamwe, civilian militia or civilians acting under his authority,and his failure to take necessary and reasonable measures to stop or preven t them, orto discipline and punish them, for their acts in the planning, preparation or executionof the crim e charged, in that:

40. During the events referred to in this indictment, Bishop Sam uelMUSABYIMANA instmcted one of the Shyogwe Diocese pastors, Rev.Athanase NGILINSHU TI, to list the names of al1 of the refugees at the churchcomplex and to register them by ethnic group and to identiq their locations

among the several blocks of housing in the diocese. The list was prepared withBishop Sa mu el MUS ABY IMAN A s knowledge and under his supervision


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and was intended to facilitate the identification and forcible removal andkilling of civilian Tutsi refugees.

On or about 7 May 1994 Pastor Athanase NGILINSHUTI accompaniedseveral soldiers about the church com plex and identified the Tu tsi by referring

to the prepared list. The Tutsi refugees were forced to sep arate fkom theothers and were led to another location where the soldiers beat them.Overthe course of several days soldiers and militias forcibly removed Tutsirefugees fkom the church complex to undisclosed locations.

Bishop Samuel MUS BYIM N was aware that soldiers and civilianmilitias would kill Tutsi refugees when they removed them fi-om the d ioceseand did not protest or attempt to stop the so ldiers and m ilitias fi-om taking therefugees away. Instead Bishop Samuel MUS BYIM N directed civilianmilitia and soldiers at the church complex to remove Tutsi refugees toKabgayi in o rder to kill them there rather than kill them on the premises of the

Anglican diocese. BishopSamuel MUS BYIM N was ac tually present onseveral occasions when soldiers and civ ilian militias transferred Tutsi refugeesfrom the church complex in order to kill them.

The soldiers and militiamen later killed the refugees. Arnong those that wereforcibly removed from the diocese and subsequently killed were were FidelMW ANAN KABA NDA his wife and three of his sons Wellars KAM ANZAand his wife and Emmanuel SEGONGA al1 identified as or perceived to beTutsi.

Bishop Samuel MUS BYIM N exercised authonty over pastorsand otherjunior m embers of the clergy in Shyogw e diocese as well as over employeesof the diocese and members of the congregation of the church in Shyogweincluding students and civilians that joined the m ilitias.

During the even ts referred to in this indictment Bishop SamuelMUS BYIM N knew or should have known that Pastor NGILINSHUT Iassisted soldiers and militias in the identification and forced removal of T utsirefugees fiom the diocese for the purpose of killing them as detailed aboveand did nothing to stop or discourage them or to discipline sanction or punishthem.

As a direct consequence numerous Tutsi civilians were killed at roadblocksadjoining Shy ogw e diocese or at various killing sites in the areas surroundingthe diocese . The identity of each victim and the proximate num ber o f fatalitiesand the exact circumstances of each death cannot be detailed exhaustively du eto the ovenvhelming devastation of the non-intemational armed conflict andthe enforced secrecy of the campaign of extermination.

By virtue of his hierarchical authonty in the Anglican Diocese at Shyogweparticularly in light of the influence of the diocese on local affairs and thelocal administration in Gitarama prfecture Bishop SamuelMUS BYIM N ordered or directed or othenvise authorized governmentarmed forces civilian militias and civilians to persecute and kill or facilitate


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indictment - samuel musabyimana (21 feb. 2001)

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