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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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2307. Anatole Nsengiyumva was apprehended in Cameroon pursuant to a Rwandan arrest
warrant on 27 March 1996. Judge Lennart Aspegren ordered Nsengiyumva’s transfer to the
Tribunal’s detention facilities and provisional detention for 30 days on 17 May 1996.2439

He

reissued this order on 18 June.2440

On 12 July 1996, Judge Yakov Ostrovsky confirmed the
Prosecutor’s Indictment against Nsengiyumva, finding sufficient evidence to support charges
of direct and public incitement to commit genocide, crimes against humanity and violations
of Article 3 common to the 1949 Geneva Conventions and the Additional Protocol II.2441

2308. Nsengiyumva was transferred to the Tribunal’s detention facilities on 23 January
1997. The Accused, represented by Mr. Kennedy Ogetto and Mr. Gershom Otachi
Bw’Omanwa, made his initial appearance on 19 February 1997 before Trial Chamber I,
composed of Judge Kama, presiding, Judge Sekule and Judge Pillay. Nsengiyumva pleaded

2433

Kabiligi and Ntabakuze, Decision on the Defence Motion to Implement Trial Chamber II Decision Rendered
on 25 September 1998 Ordering the Return of Seized Items and on the Prosecution’s Motion for a Temporary
Stay for the Execution of the Same Decision (TC), 19 May 2000.

2434

Kabiligi and Ntabakuze, Decision on the Defence Motion Seeking Supplementary Investigations (TC), 1

June 2000.

2435

Kabiligi and Ntabakuze, Decision on Kabiligi’s Motion to Nullify and Declare Evidence Inadmissible (TC),

2 June 2000.

2436

Kabiligi and Ntabakuze, Decision on Kabiligi Motion to Quash or Amend the Indictment (TC), 6 June 2000.

2437

Kabiligi and Ntabakuze, Decision on Kabiligi’s Supplementary Motion for Investigation and Disclosure of
Evidence (TC), 8 June 2000; Kabiligi and Ntabakuze, Decision on Ntabakuze’s Motion for Disclosure of
Material (TC), 8 June 2000.

2438

Kabiligi and Ntabakuze, Decision on Kabiligi’s Motion for Disclosure and Restitution of Documents
Pursuant to Decision Rendered on 5 October 1998 and the Prosecution’s Motion for a Temporary and Partial
Stay of Execution of the Same Decision (TC), 28 June 2000.

2439

Nsengiyumva, Decision: Order of Provisional Detention and Transfer (TC), 17 May 1996.

2440

Nsengiyumva, Decision: Continued Detention on Remand of Anatole Nsengiyumva (TC), 18 June 1996.

2441

Nsengiyumva, Decision on the Review of the Indictment (TC), 12 July 1996.

The Prosecutor v. Théoneste Bagosora et al., Case No. ICTR-98-41-T

Judgement and Sentence

581

18 December 2008

not guilty to all charges.2442

On 28 September 1998, Trial Chamber II denied the Defence
motion contesting its jurisdiction to consider the Prosecution’s request for leave to amend and
join the Nsengiyumva Indictment with three other Accused.2443

2309. On 24 May 1999, Trial Chamber I ordered the Prosecution to clarify its Indictment by
identifying the names and categories of Nsengiyumva’s subordinates and to identify persons
allegedly killed by the Accused.2444

The Prosecution was granted leave to amend the
Nsengiyumva Indictment and to add the charges of conspiracy to commit genocide, genocide,
complicity in genocide, crimes against humanity (extermination, rape and persecution), and
serious violations of common Article 3 of the Geneva Convention and Additional Protocol II
on 2 September 1999.2445

2310. Trial Chamber III denied a Defence motion, on 13 April 2000, challenging the
Chamber’s jurisdiction to rule on the Prosecution’s Amended Indictment.2446

On 3 May 2000,
it rejected the Defence motion arguing that a certain portion of the Concise Statement of
Facts section should be stricken from the Amended Indictment.2447

The Chamber dismissed
the Defence motion, on 12 May 2000, alleging that the Chamber did not have the requisite
jurisdiction to try the Accused on certain counts of the Amended Indictment.2448

On 15 May
2000, the Chamber ordered the Prosecution to provide further details on a number of the
paragraphs of the Amended Indictment.2449

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