The Prosecutor v. Emmanuel Bagambiki, Samuel Imanishimwe, and André Ntagerura
Case Sheet · ICTR
The Prosecutor v. Emmanuel Bagambiki, Samuel Imanishimwe, and André Ntagerura
| Case number | ICTR-99-46 |
| Case Name | "Cyangugu" |
| Status | Closed · Sentence Served Acquitted |
Context
Emmanuel Bagambiki held the office of Préfet of Cyangugu préfecture. Before that, he held the office of Préfet of Kigali-Rural préfecture. He was a member of the MRND.
Samuel Imanishimwe held the position of Commander of the Cyangugu barracks and had the rank of Lieutenant. In 1993, he held the position of officer of the staff of the G-3, attached to the General Staff of the Rwandan Army in Kigali.
André Ntagerura was the Minister of Transport and Communications of the Republic of Rwanda.
Pre-Trial
| Initial Indictment | Emmanuel Bagambiki 9 October 1997 Samuel Imanishimwe 9 October 1997 André Ntagerura 9 August 1996 |
| Amended Indictments | Emmanuel Bagambiki 29 January 1999 Samuel Imanishimwe 10 August 1999 André Ntagerura 10 August 1999 |
| Crimes Charged | Emmanuel Bagambiki Genocide Genocide · art. 2(3)(a) 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 imprisonment · art. 3(e) ICTRS Crime against humanity of rape · art. 3(g) ICTRS Crime against humanity of other inhumane acts · art. 3(i) 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 Samuel Imanishimwe Genocide Genocide · art. 2(3)(a) 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 imprisonment · art. 3(e) ICTRS Crime against humanity of torture · art. 3(f) ICTRS Crime against humanity of rape · art. 3(g) ICTRS Crime against humanity of other inhumane acts · art. 3(i) 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 André Ntagerura 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 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 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 | Emmanuel Bagambiki 5 June 1998 · Arrested in Togo · Transferred to ICTR 10 July 1998 Samuel Imanishimwe 11 August 1997 · Arrested in Kenya · Transferred to ICTR 11 August 1997 André Ntagerura 27 March 1996 · Arrested in Cameroon · Transferred to ICTR 23 January 1997 |
| Initial Appearance | Emmanuel Bagambiki 5 November 1998 · No Plea 19 April 1999 · Plea: Not Guilty Samuel Imanishimwe 27 November 1997 · Plea: Not Guilty André Ntagerura 20 February 1997 · Plea: Not Guilty |
| Joinder of cases | 11 October 1999 |
Trial
| Trial Chamber | Trial Chamber III · Judges: Judge Lloyd G. Williams, QC (Presiding), Judge Yakov Ostrovsky, Judge Pavel Dolenc |
| Trial Opening | 18 September 2000 |
| Trial Judgment | 25 February 2004 |
| Crimes at Trial Judgment | Samuel Imanishimwe 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 imprisonment · art. 3(e) ICTRS Crime against humanity of torture · art. 3(f) 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 | Emmanuel Bagambiki Acquitted Samuel Imanishimwe 27 years of imprisonment André Ntagerura Acquitted |
Appeal
| Appeals Chamber | Appeals Chamber · Judges: Judge Fausto Pocar (Presiding), Judge Mehmet Güney, Judge Andrésia Vaz, Judge Theodor Meron, Judge Wolfgang Schomburg |
| Appeals Filed By | Both |
| Appeal Judgment | 7 July 2006 |
| Crimes at Appeal Judgment | Samuel Imanishimwe Crimes against humanity Crime against humanity of murder · art. 3(a) ICTRS Crime against humanity of imprisonment · art. 3(e) ICTRS Crime against humanity of torture · art. 3(f) 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 | Emmanuel Bagambiki Acquitted Samuel Imanishimwe 12 years of imprisonment André Ntagerura Acquitted |
| Transfer to Serve Sentence | 3 November 2008 · Mali 8 August 2011 · Released |
Key Documents
| Amended Indictment | Amended Indictment [Annexes] (1999) |
| Trial Judgment | Trial Judgment (2004) |
| Appeal Judgment | Appeal Judgment (2006) |
| ICTR Case Page | Official ICTR page |