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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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Introduction

669. The Bagosora Indictment alleges that Bagosora met with the Ambassador of the
United States at his residence at around 9.00 a.m. and presented himself as the representative
of the civil and political authorities. According to the Prosecution, Bagosora was silent when
asked by the Ambassador why the Prime Minister was being prevented from making a radio
address. Bagosora allegedly also explained the shooting heard in the city as shots fired in the
air by Presidential Guard soldiers who were upset by President Habyarimana’s death.788

Evidence

Prosecution Witness Roméo Dallaire

670. General Dallaire did not attend the meeting, but he testified that the meeting did not
take place as planned because the security situation prevented most of the ambassadors from
attending. Booh-Booh could not join the meeting because an armoured personnel carrier did
not arrive on time to transport him to the Ambassador’s residence.789

Bagosora

671. Bagosora, General Ndindiliyimana and Lt. Colonel Rwabalinda met with the United
States Ambassador at his residence at 9.00 a.m. for about 45 minutes. Bagosora denied that
he presented himself as the representative of the civil and political authorities, noting that the
Ambassador was already aware of his position as chief of staff of the Ministry of Defence.
Bagosora conceded that he may have discussed the shooting heard throughout the city with
the Ambassador, but testified that he was not informed of the initiative to have the Prime
Minister deliver a radio address to the country, nor did he know about her security situation.
When the other ambassadors did not arrive, the meeting ended because the officers had to
attend the meeting at ESM, which was to begin at 10.00 a.m.790

Deliberations

672. The Chamber finds that Bagosora, General Ndindiliyimana and Lt. Colonel
Rwabalinda met with the United States Ambassador for about 45 minutes around 9.00 a.m.
on 7 April 1994. It also accepts the testimony of General Dallaire that the security situation in
Kigali prevented Booh-Booh and the French and Belgian Ambassadors from attending. The
Chamber considers that Bagosora was clearly acting as an authority of the military during the
meeting and that the security situation in Kigali was discussed. However, in the absence of

788

Bagosora Indictment, para. 6.7; Prosecution Closing Brief, p. 746.

789

Dallaire, T. 19 January 2004 pp. 33, 38.

790

T. 7 November 2005 pp. 64-65, 68-69, 71, 73.

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

Judgement and Sentence

171

18 December 2008

any direct evidence from the Prosecution, the Chamber cannot find that Bagosora presented
himself as the representative of the civil and political authorities in the country or that the
Prime Minister’s radio address was discussed.

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