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Court of appeal judgment for Desire Munyaneza

Court of appeal judgment for Desire Munyaneza

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Published by CTV_Montreal
Quebec's Court of appeal has rejected Munyaneza's appeal of his war crimes conviction.
Quebec's Court of appeal has rejected Munyaneza's appeal of his war crimes conviction.

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Published by: CTV_Montreal on May 07, 2014
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05/21/2014

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English version of the judgment of the Quebec Court of Appeal in
Munyaneza v. R 
Munyaneza c. R.2014 QCCA 906
COURT OF APPEAL
CANADAPROVNCE O! Q"E#ECRE$%&R' O!(ON&REA)No*+,--./-.--00/1.-234,--.53.--6,--.-,67DA&E+(A' 58 6-/0
CORAM:THE HONOURABLEPERRE !. "ALPHON"# !.AALLAN R. HLTON# !.A.FRAN$O% "O&ON# !.A."'%R' MUN&ANE(A
 APPE))AN& 9 Accusedv*
HER MA!E%T& THE QUEEN
RE%PONDEN& 9 Prosecutri:and
THE CANA"AN CENTRE FOR NTERNATONAL !U%TCECANA"AN LA)&ER% FOR NTERNATONAL HUMAN R*HT%
N&ERVENER% ;"D$(EN&
NTRO"UCTON
 
,--./-.--00/1.-23PA$E+ 6</=!rom April to ;ul> of /2208 a domestic armed conflict led to the massacre of appro:imatel> ?--8--- R@andas 4primaril> members of the &utsi ethnic group8 as @ell as so.called moderate utus7 and to numerous other acts of violence 4rape8 ph>sical abuse8 Bidnappings8 pillage8 and others7* &he horror of this period has forever scarred those @ho survived it8 the countr> of R@anda8 and the collective memor> of the @orld*<6=&hese tragic events have given rise to numerous prosecutions before the nternational Criminal &ribunal for R@anda 4C&R78 the special tribunal constituted under the authorit> of the "nited Nations that is based in Arusha8 &anania8 @here several of the leaders have stood trial8 as @ell as before national R@andan courts* Prosecutions have also been instituted in other countries8 including t@o in Canada8 @hich is a %tate signator> to the
 Rome Statute of the International Criminal Court 
8 /5 ;ul> /22? 4amended /222 and 6---78 ACON!*/?32 4
Rome Statute
7*<3=&his is appeal is born from a guilt> verdict rendered in the first Canadian trial 46--2 QCC% 66-/78 that of DFsirF (un>anea8 a resident of this countr>8 @ho @as charged @ith participating in events that tooB place on the territor> of the prefecture of #utare8 one of R@andaGs territorial divisions*
/
 
BAC+*ROUN"
<0=Hhen the R@andan traged> occurred8 the appellant @as living in the cit> of #utare8 the countr>Gs second.largest cit> and part of the commune of Ngoma8 @hich @as one of the t@ent> communes maBing up the prefecture of #utare* e @as @orBing at his fatherGs store* n ;ul> of /2208 he fled R@anda8 settling in Canada in /225* <,=After receiving information connecting him @ith the genocide8 the Ro>al Canadian (ounted Police began a length> investigation* n !ebruar> and (arch of 6--,8 investigators travelled to R@anda and met @ith 6, individuals @ho had been identified as potential @itnesses in the Canadian trial* A series of photographs @as sho@n to 6- of these potential @itnesses* !ifteen of them identified the appellant as the person to @hom the> referred in their statements* <1=On October /28 6--,8 he @as arrested and charged @ith the follo@ing seven counts under the
Crimes Against Humanity and War Crimes Act 
8 %*C* 6---8 c* 60 4
 Act 
7+
<
&RAN%)A&ON
=
F,-/ cun/:
#et@een April /8 /220 and ;ul> 3/8 /2208 in the Prefecture of #utare8 in R@anda8 committed the intentional Billing of members of an identifiable group of people8 to @it+ the &utsi8 @ith intent to destro> the &utsi8 in @hole or in part8 committing an act of genocide8 as defined in subsections 1437 and 1407 of the
Crimes Against Humanity and War Crimes Ac
8 %*C* 6---8 c* 608 thereb> committing the indictable offence of genocide8 as provided for in subparagraph 14/74
a
7 of the said
 Act 
*
/
 A second prosecution8 @hich @as instituted in Ontario8 gave rise to a later judgment+
R. v. Jacques Mungarere!
6-/3 ONC% 0,20*
 
,--./-.--00/1.-23PA$E+ 3
%ecn cun/:
#et@een April /8 /220 and ;ul> 3/8 /2208 in the Prefecture of #utare8 in R@anda8 caused serious bodil> or mental harm to members of an identifiable group of people8 to @it+ the &utsi8 @ith intent to destro> the &utsi8 in @hole or in part8 committing an act of genocide8 as defined in subsections 1437 and 1407 of the
Crimes Against Humanity and War Crimes Act 
8 %*C* 6---8 c* 608 thereb> committing the indictable offence of genocide8 as provided for in subparagraph 14/74
a
7 of the said
 Act 
*
T,- cun/
#et@een April /8 /220 and ;ul> 3/8 /2208 in the Prefecture of #utare8 in R@anda8 committed the intentional Billing of members of a civilian population or an identifiable group of people8 to @it+ the &utsi8 Bno@ing that the said intentional Billing @as part of a @idespread or s>stematic attacB on the &utsi8 committing a crime against humanit>8 as defined in subsections 14378 1407 and 14,7 of the
Crimes Against Humanity and War Crimes Act!
 %*C* 6---8 c* 608 thereb> committing the indictable offence of a crime against humanit>8 as provided for in subparagraph 14/74
"
7 of the said
 Act 
*
Fu-/ cun/
#et@een April /8 /220 and ;ul> 3/8 /2208 in the Prefecture of #utare8 in R@anda8 committed the act of se:ual violence in regard to members of a civilian population or of an identifiable group of people8 to @it+ the &utsi8 Bno@ing that the said act of se:ual violence @as part of a @idespread or s>stematic attacB on the &utsi8 committing a crime against humanit>8 as defined in subsections 14378 1407 and 14,7 of the
Crimes Against Humanity and War Crimes Act 
8 %*C* 6---8 c* 608 thereb> committing the indictable offence of a crime against humanit>8 as provided for in subparagraph 14/74
"
7 of the said
 Act 
*
F,3/ cun/
#et@een April /8 /220 and ;ul> 3/8 /2208 in the Prefecture of #utare8 in R@anda8 during an armed conflict8 to @it+ hostilities bet@een the R@andan Armed !orces 4RA!7 and the R@andan Patriotic !ront 4RP!78 committed the intentional Billing of people @ho @ere not taBing a direct part in the said conflict8 committing a @ar crime8 as defined in subsections 1437 and 1407 of the
 Crimes Against Humanity and War Crimes Ac 
t8 %*C* 6---8 c* 608 thereb> committing the indictable offence of a @ar crime8 as provided for in subparagraph 14/74
7 of the said
 Act 
*
%,/ cun/
#et@een April /8 /220 and ;ul> 3/8 /2208 in the Prefecture of #utare8 in R@anda8 during an armed conflict8 to @it+ hostilities bet@een the R@andan Armed !orces 4RA!7 and the R@andan Patriotic !ront 4RP!78 committed the act of se:ual violence against people8 committing a @ar crime8 as defined in subsections 1437 and 1407 of the
Crimes Against Humanity and War Crimes Act!
 %*C* 6---8 c* 608 thereb> committing the indictable offence of a @ar crime8 as provided for in subparagraph 14/74
7 of the said
 Act 
*

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