THE PROSECUTOR AGAINST LAURENT BUCYIBARUTA
Case No. ICTR-2005-85-1
International Criminal Tribunal for Rwanda
June 16, 2005
Judge J.R. Reddy
Hassan Bubacar Jallow
Gender Keyword(s): Rape
Procedural History: On June 15, 2005, Judge J.R. Reddy of the International Criminal Tribunal for Rwanda (ICTR) held a confirmation hearing regarding the Prosecution’s indictment of Laurent Bucyibaruta.1 At this hearing, Judge Reddy ordered modifications to the indictment, which resulted in a revised indictment being submitted by the Prosecution on June 16, 2005.2 This is a digest of the revised indictment.
Charges: The Prosecutor charges Bucyibaruta with individual criminal responsibility for direct and public incitement to commit genocide and for extermination and murder as crimes against humanity and with both individual criminal responsibility as well as criminal responsibility as a superior for genocide, or in the alternative, complicity in genocide and the crime against humanity of rape. ( 8, 22, 36, 44, 59, 62, 65).
Key Gender-Based Issues:
RAPE (AS A CRIME AGAINST HUMANITY):
• Bucyibaruta is charged with rape as a crime against humanity pursuant to Article 3(g) of the Statute of the ICTR (pp. 2, 14). The Prosecution alleges that the rapes were part of a widespread or systematic attack against the civilian population – in particular against females within Gikongoro Préfecture, notably in Murambi, Uwabahima and Kibeho – on political, ethnic or racial grounds ( 61-62).
• Despite evidence of widespread rape cited by the Prosecution on support of charges of rape as a crime against humanity and evidence of genocidal intent cited by the Prosecution in support of genocide charges for killing members of the Tutsi groups in the same locations as the rapes, no allegations of rape were included in support of genocide charges in the indictment ( 6-43, 62-75).
Other Gender Issues:
MODE OF RESPONSIBILITY:
• Direct criminal responsibility: The Prosecutor alleges that from January 1 through July 17, 1994, in the Gikongoro Préfecture, Rwanda, the defendant bears individual criminal responsibility under Article 6(1) of the Statute for planning, instigating, ordering, committing, or otherwise aiding and abetting in the planning, preparation, or execution of rape as a crime against humanity ( 62). The following allegations support the charge that Bucyibaruta is directly responsible for rape as a crime against humanity by ordering those over whom he had effective control to commit these acts and by instigating, aiding, and abetting those over whom he did not have effective control to commit these acts (id.). He is also accused of willfully and knowingly participating in a joint criminal enterprise (JCE) which had the object, purpose, and foreseeable outcome of committing crimes against humanity against the Tutsi population and others (id.).
o The Prosecutor alleges that on or about April 12, 1994, at roadblocks in Murambi at the Kabeza Trading centre on the road to Murambi Technical School, as well as at the entrance to the Murambi Technical School, soldiers, Interahamwe, and armed civilians repeatedly raped Tutsi women and girls ( 63). The defendant allegedly “ordered and instigated the setting up of roadblocks by soldiers, the Interahamwe and armed civilians,” who were co-perpetrators in the JCE (id.). The Prosecutor alleged, that “Bucyiburata thus committed and aided and abetted these rapes.”(id.)
o The Prosecutor alleges that on May 7, 1994, Bucyibaruta “ordered and instigated the attack on Ecole des Filles de Kibeho by Gendarmes, Interahamwe and Hutu civilians,” where many Tutsi girls were raped by attackers ( 64).
• Superior criminal responsibility: The Prosecutor alleges that the defendant bears superior criminal responsibility under Article 6(3) of the Statute by virtue of the fact that he was Préfet of Gikongoro Préfecture from July 4, 1992, until mid-July 1994 ( 2), and that his “subordinates included all the Sous-Préfets, all the Bourgmestres of the Communes and all staff of the administrative services of the Communes, all Conseillers of Sectors and Chiefs of Cellules, all the heads of government services who were ex-officio members of the Préfectoral conference presided over by the Préfet, all the staff in the Préfecture administration, all the civil servants in the Préfecture, members of the armed forces, active and retired, gendarmerie and communal police, members of the Interahamwe in Gisenyi Préfecture” ( 65). In this capacity, the Prosecutor alleges that from January 1 through July 17, 1994, in the Gikongoro Préfecture, Rwanda, Bucyibaruta’s subordinates committed rape as a crime against humanity and Bucyibaruta allegedly failed to either prevent such acts or punish them when he knew or had reason to know about their commission. ( 65) The following allegations support this charge:
o On or about April 12, 1994, Faustin Sebuhura, Captain of the Gendarmerie, and Frodouard Havuga, Sous-Préfet of Gikongoro, who were subordinates of Laurent Bucyibaruta, supervised the setting up of roadblocks by soldiers, the Interahamwe, and armed civilians at Kabeza Trading centre and at the entrance to the Murambi Technical school at which many Tutsi women and girls were raped ( 66).
o In mid-April 1994, armed Interahamwe in Gikongoro, who were subordinates of Bucyibaruta, took witness BIF-1 to the Bureau Communal of Murambi and raped her. BIF-1 escaped but was then found by Interahamwe along with two other women and all three women were raped by about 20 Interahamwe men. The other two women were then killed ( 67).
• On or about May 7, 1994, Gendarmes, Interahamwe, and Hutu civilians, who were subordinates of Bucyiburata, used guns, grenades, and traditional weapons to attack the Ecole des Filles de Kibeho (Girls’ School of Kibeho) and raped many Tutsi girls during the attack ( 68).
• On or about April 16, 1994, victim BFT-1 was raped in her home by Interahamwe who were subordinates of Bucyibaruta ( 69).
• On April 20, 1994, 10 Interahamwe that were subordinates of Bucyibaruta, including two named Daniel and Nazbandora, raped victim BIG-1 in front of her children ( 70). Shortly after, BIG-1 was raped by Haruna, leader of the Interahamwe and subordinate to the defendant (id.).
• On or about April 20, 1994, BIH-1 was chased down and raped by a group of Interahamwe, including Vianney Ndindabahizi, Gakwandi Damien, and Ndayisaba Rwagasore, subordinates of Bucyibaruta ( 71).
• Between April 10-27, 1994, a group of Interahamwe, including Sabuhoro, Museveni, Sekamana, Ndangamira, Nsengimana, Katabiroro, Twahirwa, Rwagasore, Cyamusanganye, Jean Katabirara, Bigumaho, and Yofes, who were all subordinates of Bucyiburata, took BII-1 from her home to a trench approximately 30 meters away and raped her and also took BII’s nieces, BIJ-1 and BIK-1, to a pit behind the house and raped them ( 72).
• Witness BIL-1 was raped and beaten by a group of Interahamwe who were subordinates of Bucyibaruta, including Twagiramukiza, on or about April 10, 1994 ( 73).
• While a group of Interahamwe, including Ntakirutimana, Ndekekzi, Katabiroro, Nbanda, Museveni, and Sebuhoro, – all subordinates to Bucyibaruta – attacked and looted BIM’s father’s house sometime near the end of May 1994, one of the attackers seized and raped BIM, claiming she had previously refused to marry a Hutu ( 74).
• Sometime in mid-June 1994, BIE-1 was raped by Hamuduni, an Interahamwe, while two others who were subordinates of Bucyibaruta, including Nkurunziza, beat her on the head with clubs ( 75).
1 Interoffice Memorandum of June 16, 2005, attached to Indictment of Laurent Bucyibaruta.