Thursday, September 4, 2008

ICTR: Appeals Chamber Judgment in the Case Against Muvunyi

On Friday, August 29th, the Appeals Chamber of the International Criminal Tribunal for Rwanda delivered its judgment in the case (No. ICTR-2000-55A) against Tharcisse Muvunyi. Muvunyi was indicted on counts of genocide, complicity in genocide, direct and public incitement to commit genocide, and crimes against humanity (rape and other inhumane acts) for allegedly participating in and assisting attacks and massacres on thousands of civilians, mostly Tutsis, in the Butare prefecture. On September 12, 2006, the Trial Chamber found Muvunyi guilty of genocide, direct and public incitement to commit genocide, and crimes against humanity (other inhumane acts); he was sentenced to twenty-five years imprisonment. (Trial Chamber judgment here; summary here.)

In its judgment (judgment here; press release here; press reports here, here, here, and here), the Appeals Chamber reversed Muvunyi's conviction for genocide, direct and public incitement to commit genocide (for a speech he gave at Gikonko in Mugusa Commune), and crimes against humanity, quashed his conviction for direct and public incitement to commit genocide (for a speech he gave at the Gikore Trade Center), and quashed the sentence. The Court found, in part, that the indictment was defective. A re-trial was ordered on the allegation of direct and public incitement to commit genocide for the speech Muvunyi gave at the Gikore Trade Center.