The Prosecutor v. Augustin Bizimungu, Augustin Ndindiliyimana, François-Xavier Nzuwonemeye, and Innocent Sagahutu
Case Sheet · ICTR
The Prosecutor v. Augustin Bizimungu, Augustin Ndindiliyimana, François-Xavier Nzuwonemeye, and Innocent Sagahutu
| Case number | ICTR-00-56 |
| Case Name | "Military II" |
| Status | Closed · Sentenced Closed · Sentence Served Acquitted |
Context
Augustin Bizimungu held the post of Chief of Staff of the Rwandan Amy. He was appointed to that post on 16 April 1994 and was promoted to the rank of Major-General at the same time. Previously, he had been the Commander of Military Operations in Ruhengeri prefecture.
Augustin Ndindiliyimana held the post of Chief of Staff of the Gendarmerie nationale. He was appointed to that post on 2 September 1992.
François-Xavier Nzuwonemeye held the post of Commander of the Reconnaissance Battalion (RECCE) within the Rwandan Army.
Innocent Sagahutu held the post of Second-in-Command of the Reconnaissance Battalion WCCE) within the Rwandan Army and of company commander of A Company of the said Battalion. He held the rank of Captain.
Pre-Trial
| Initial Indictment | 20 January 2000 |
| Amended IndictmenTS | 20 September 2002 26 July 2004 23 August 2004 |
| Crimes Charged | Augustin Bizimungu Genocide Genocide · art.2(3)(a) ICTRS Conspiracy to commit genocide · art.2(3)(b) ICTRS Complicity in genocide · art.2(3)(e) ICTRS Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of rape · art. 3(g) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment · art. 4(a) ICTRS Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault · art. 4(e) ICTRS Augustin Ndindiliyimana Genocide Genocide · art.2(3)(a) ICTRS Conspiracy to commit genocide · art.2(3)(b) ICTRS Complicity in genocide · art.2(3)(e) ICTRS Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Crime against humanity of extermination · art. 3(b) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment · art. 4(a) ICTRS François-Xavier Nzuwonemeye Genocide Conspiracy to commit genocide · art.2(3)(b) ICTRS Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Crime against humanity of rape · art. 3(g) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment · art. 4(a) ICTRS Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault · art. 4(e) ICTRS Innocent Sagahutu Genocide Conspiracy to commit genocide · art.2(3)(b) ICTRS Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Crime against humanity of rape · art. 3(g) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment · art. 4(a) ICTRS Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault · art. 4(e) ICTRS |
| Arrest and Transfer | Augustin Bizimungu 2 August 2002 · Arrested in Angola · Transferred to ICTR 14 August 2002 Augustin Ndindiliyimana 29 January 2000 · Arrested in Belgium · Transferred to ICTR 22 April 2000 François-Xavier Nzuwonemeye 15 February 2000 · Arrested in France · Transferred to ICTR 23 May 2000 Innocent Sagahutu 15 February 2000 · Arrested in Denmark · Transferred to ICTR 24 November 2000 |
| Initial Appearance | Augustin Bizimungu 21 August 2002 · Plea: Not Guilty Augustin Ndindiliyimana 27 April 2000 · Plea: Not Guilty François-Xavier Nzuwonemeye 25 May 2000 · Plea: Not Guilty Innocent Sagahutu 28 November 2000 · Plea: Not Guilty |
Trial
| Trial Chamber | Trial Chamber II · Judges: Judge Asoka de Silva (Presiding), Judge Taghrid Hikmet, Judge Seon Ki Park |
| Trial Opening | 20 September 2004 |
| Trial Judgment | 17 May 2011 |
| Crimes at Trial Judgment | Augustin Bizimungu Genocide Genocide · art.2(3)(a) ICTRS Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of rape · art. 3(g) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment · art. 4(a) ICTRS Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault · art. 4(e) ICTRS Augustin Ndindiliyimana Genocide Genocide · art.2(3)(a) ICTRS Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Crime against humanity of extermination · art. 3(b) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment · art. 4(a) ICTRS François-Xavier Nzuwonemeye Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment · art. 4(a) ICTRS Innocent Sagahutu Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment · art. 4(a) ICTRS |
| Sentencing Judgment | Augustin Bizimungu 30 years of imprisonment Augustin Ndindiliyimana Time served François-Xavier Nzuwonemeye 20 years of imprisonment Innocent Sagahutu 20 years of imprisonment |
Appeal - Ndindiliyimana, Nzuwonemeye, and Sagahutu
| Appeals Chamber | Appeals Chamber · Judges: Judge Theodor Meron (Presiding), Judge Liu Daqun, Judge Carmel Agius, Judge Khalida Rachid Khan, Judge Bakhtiyar Tuzmukhamedov |
| Appeals Filed By | Both |
| Appeal Judgment | 11 February 2014 |
| Crimes at Appeal Judgment | Innocent Sagahutu Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment · art. 4(a) ICTRS |
| Final Sentence | Augustin Ndindiliyimana Acquitted François-Xavier Nzuwonemeye Acquitted Innocent Sagahutu 15 years of imprisonment |
| Transfer to Serve Sentence | Innocent Sagahutu 13 May 2014 · Early released |
Appeal - Bizimungu
| Appeals Chamber | Appeals Chamber · Judges: Judge Theodor Meron (Presiding), Judge Liu Daqun, Judge Carmel Agius, Judge Khalida Rachid Khan, Judge Bakhtiyar Tuzmukhamedov |
| Appeals Filed By | Both |
| Appeal Judgment | 30 June 2014 |
| Crimes at Appeal Judgment | Augustin Bizimungu Genocide Genocide · art.2(3)(a) ICTRS Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of rape · art. 3(g) ICTRS Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment · art. 4(a) ICTRS Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault · art. 4(e) ICTRS |
| Final Sentence | Augustin Bizimungu 30 years of imprisonment |
| Transfer to Serve Sentence | 21 September 2017 · Benin |
Key Documents
| Amended Indictment | Amended Indictment (2004) |
| Trial Judgment | Trial Judgment (2011) |
| Appeal Judgment | Appeal Judgment (2014) |
| Appeal Judgment (Bizimungu) | Appeal Judgment (2014) |
| ICTR Case Page | Official ICTR page |