Thursday, November 29, 2007

ICTR: Appeals Chamber Judgment in Case Against Simba

On Tuesday, the ICTR Appeals Chamber rendered its judgment in the case (No. ICTR-01-76) against Aloys Simba. Simba was indicted for his alleged participation in five massacres committed against the Tutsi population in the Gikongoro Prefecture and in the Butare Prefecture between April 14 and April 29, 1994. On December 13, 2005, the Trial Chamber convicted him of genocide (count 1) and crimes against humanity (extermination) (count 3). The Prosecution had withdrawn charges 2 (complicity in genocide) and 4 (crimes against humanity (murder)) of the indictment prior to the verdict. The Trial Chamber sentenced Simba to 25 years’ imprisonment. The Appeals Chamber (judgment here; summary here; press release here) dismissed the appeals of both the defendant and the Prosecution. The defendant presented fourteen grounds of appeal, going both to the conviction and sentence. The Prosecution appealed the Trial Chamber's findings that the defendant was not responsible for his participation in one massacre. The Prosecution also appealed the sentence. Both of the Prosecution's grounds of appeal were dismissed.