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Judgement and Sentence - Jugement - Bagosora-Kabiligi-Ntabakuze-Nsengiyumva

Judgement and Sentence - Jugement - Bagosora-Kabiligi-Ntabakuze-Nsengiyumva

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Published by: Kagatama on Feb 11, 2009
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05/10/2014

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1942. Each of the Accused have advanced alibis in connection with some of the allegations
against them. In many cases, the Chamber has set forth and assessed such submissions in the
sections concerning the relevant events. This is generally the case where the alibi covers a
narrow time frame.2115

The Bagosora and Kabiligi Defence have also presented alibis,
respectively, that span a period of several weeks and multiple criminal incidents. In order to
preserve a coherent narrative of this evidence and to avoid repetition of details in specific
sections, it is recounted and assessed below.

1943. It is well settled that, in assessing an alibi, an accused need only produce evidence
likely to raise a reasonable doubt in the Prosecution’s case. The alibi does not carry a separate
burden. The burden of proving beyond reasonable doubt the facts charged remains squarely
on the shoulders of the Prosecution, which must establish beyond reasonable doubt that,
despite the alibi, the facts alleged are nevertheless true.2116

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