The Prosecutor v. Joseph Kanyabashi, Elie Ndayambaje, Sylvain Nsabimana, Arsène Shalom Ntahobali, Alphonse Nteziryayo, and Pauline Nyiramasuhuko
Case Sheet · ICTR
The Prosecutor v. Joseph Kanyabashi, Elie Ndayambaje, Sylvain Nsabimana, Arsène Shalom Ntahobali, Alphonse Nteziryayo, and Pauline Nyiramasuhuko
| Case number | ICTR-98-42 |
| Case Name | "Butare" |
| Status | Closed · Sentenced Closed · Sentence Served |
Context
Joseph Kanyabashi held the office of Bourgmestre of Ngoma commune in Butare préfecture from April 1974 until leaving Rwanda around 4 July 1994.
Elie Ndayambaje held the office of Bourgmestre of Muganza commune, in Butare préfecture, as of 22 June 1994. Previously, Elie Ndayambaje had held the office of Bourgmestre of the same commune from 1983 to 1992.
Sylvain Nsabimana held the office of Préfet of Butare from 19 April to 17 June 1994.
Arsène Shalom Ntahobali was a student and led a group of MRND militiamen, the Interahamwe in Butare préfecture.
Alphonse Nteziryayo held the office of Préfet of Butare from 17 June 1994 until he left Rwanda in July 1994. Before that, he was responsible for the Civil Defense of the préfecture of Butare.
Pauline Nyiramasuhuko held the office of Minister of Family and Women's Development in the Interim Government headed by Jean Kambanda. Before that, she held the same office in the Transitional Government headed by Agathe Uwilingiyimana. She was a member of the Mouvement républicain national pour la démocratie et le développement (MRND) and a prominent political figure in Butare préfecture.
Pre-Trial
| Initial Indictment | Joseph Kanyabashi 11 July 1996 Elie Ndayambaje 17 June 1996 Sylvain Nsabimana 16 October 1997 Arsène Shalom Ntahobali 26 May 1997 Alphonse Nteziryayo 16 October 1997 Pauline Nyiramasuhuko 26 May 1997 |
| Amended IndictmentS | Joseph Kanyabashi 12 August 1999 Elie Ndayambaje 10 August 1999 Sylvain Nsabimana 24 October 1997 12 November 1998 Arsène Shalom Ntahobali 17 October 1997 27 November 1997 10 August 1999 Alphonse Nteziryayo 12 November 1998 Pauline Nyiramasuhuko 3 September 1997 27 November 1997 10 August 1999 |
| Joint indictment | 6 March 1998 14 July 1998 |
| Crimes Charged | Joseph Kanyabashi Genocide Genocide · art. 2(3)(a) ICTRS Conspiracy to commit genocide · art. 2(3)(b) ICTRS Direct and public incitement to commit genocide · art. 2(3)(c) 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 persecution · art. 3(h) 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 Elie Ndayambaje Genocide Genocide · art. 2(3)(a) ICTRS Conspiracy to commit genocide · art. 2(3)(b) ICTRS Direct and public incitement to commit genocide · art. 2(3)(c) 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 persecution · art. 3(h) 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 Sylvain Nsabimana Genocide Genocide · art. 2(3)(a) ICTRS Conspiracy to commit genocide · art. 2(3)(b) ICTRS Direct and public incitement to commit genocide · art. 2(3)(c) 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 persecution · art. 3(h) 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 Arsène Shalom Ntahobali 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 Crime against humanity of persecution · art. 3(h) 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 Alphonse Nteziryayo Genocide Genocide · art. 2(3)(a) ICTRS Conspiracy to commit genocide · art. 2(3)(b) ICTRS Direct and public incitement to commit genocide · art. 2(3)(c) 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 persecution · art. 3(h) 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 Pauline Nyiramasuhuko Genocide Genocide · art. 2(3)(a) ICTRS Conspiracy to commit genocide · art. 2(3)(b) ICTRS Direct and public incitement to commit genocide · art. 2(3)(c) 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 Crime against humanity of persecution · art. 3(h) 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 |
| Arrest and Transfer | Joseph Kanyabashi 28 June 1995 · Arrested in Belgium · Transferred to ICTR 8 November 1996 Elie Ndayambaje 28 June 1995 · Arrested in Belgium · Transferred to ICTR 8 November 1996 Sylvain Nsabimana 18 July 1997 · Arrested in Kenta · Transferred to ICTR 18 July 1997 Arsène Shalom Ntahobali 24 July 1997 · Arrested in Kenyaa · Transferred to ICTR 24 July 1997 Alphonse Nteziryayo 24 April 1998 · Arrested in Burkina Faso Pauline Nyiramasuhuko 18 June 1997 · Arrested in Kenya · Transferred to ICTR 18 June 1997 |
| Initial Appearance | Joseph Kanyabashi 29 November 1996 · Plea: Not Guilty entered in his behalf Elie Ndayambaje 29 November 1996 · Plea: Not Guilty Sylvain Nsabimana 24 October 1997 · Plea: Not Guilty Arsène Shalom Ntahobali 17 October 1997 · Plea: Not Guilty Alphonse Nteziryayo 17 August 1998 · Plea: Not Guilty Pauline Nyiramasuhuko 3 September 1997 · Plea: Not Guilty |
Trial
| Trial Chamber | Trial Chamber II · Judges: Judge William H. Sekule (Presiding), Judge Arlette Ramaroson, Judge Solomy Balungi Bossa |
| Trial Opening | 12 June 2001 |
| Trial Judgment | 24 June 2011 |
| Crimes at Trial Judgment | Joseph Kanyabashi Genocide Genocide · art. 2(3)(a) ICTRS Direct and public incitement to commit genocide · art. 2(3)(c) ICTRS Crimes against humanity Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of persecution · art. 3(h) 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 Elie Ndayambaje Genocide Genocide · art. 2(3)(a) ICTRS Direct and public incitement to commit genocide · art. 2(3)(c) ICTRS Crimes against humanity Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of persecution · art. 3(h) 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 Sylvain Nsabimana Genocide Genocide · art. 2(3)(a) ICTRS Crimes against humanity Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of persecution · art. 3(h) 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 Arsène Shalom Ntahobali Genocide Genocide · art. 2(3)(a) ICTRS Crimes against humanity Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of rape · art. 3(g) ICTRS Crime against humanity of persecution · art. 3(h) 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 Alphonse Nteziryayo Genocide Direct and public incitement to commit genocide · art. 2(3)(c) ICTRS Pauline Nyiramasuhuko Genocide Genocide · art. 2(3)(a) ICTRS Conspiracy to commit genocide · art. 2(3)(b) ICTRS Crimes against humanity Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of rape · art. 3(g) ICTRS Crime against humanity of persecution · art. 3(h) 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 |
| Sentencing Judgment | Joseph Kanyabashi 35 years of imprisonment Elie Ndayambaje Life imprisonment Sylvain Nsabimana 25 years of imprisonment Arsène Shalom Ntahobali Life imprisonment Alphonse Nteziryayo 30 years of imprisonment Pauline Nyiramasuhuko Life imprisonment |
Appeal
| Appeals Chamber | Appeals Chamber · Judges: Judge Fausto Pocar (Presiding), Judge Carmel Agius, Judge Liu Daqun, Judge Khalida Rachid Khan, Judge Bakhtiyar Tuzmukhamedov |
| Appeals Filed By | Both |
| Appeal Judgment | 14 December 2015 |
| Crimes at Appeal Judgment | Joseph Kanyabashi Genocide Genocide · art. 2(3)(a) ICTRS Direct and public incitement to commit genocide · art. 2(3)(c) ICTRS Elie Ndayambaje Genocide Genocide · art. 2(3)(a) ICTRS Direct and public incitement to commit genocide · art. 2(3)(c) ICTRS Crimes against humanity Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of persecution · art. 3(h) 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 Sylvain Nsabimana Genocide Genocide · art. 2(3)(a) ICTRS Crimes against humanity Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of persecution · art. 3(h) 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 Arsène Shalom Ntahobali Genocide Genocide · art. 2(3)(a) ICTRS Crimes against humanity Crime against humanity of extermination · art. 3(b) ICTRS Crime against humanity of rape · art. 3(g) ICTRS Crime against humanity of persecution · art. 3(h) 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 Alphonse Nteziryayo Genocide Direct and public incitement to commit genocide · art. 2(3)(c) ICTRS Pauline Nyiramasuhuko Genocide Genocide · art. 2(3)(a) ICTRS Conspiracy to commit genocide · art. 2(3)(b) ICTRS Crimes against humanity 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 | Joseph Kanyabashi 20 years of imprisonment Elie Ndayambaje 47 years of imprisonment Sylvain Nsabimana 18 years of imprisonment Arsène Shalom Ntahobali 47 years of imprisonment Alphonse Nteziryayo 25 years of imprisonment Pauline Nyiramasuhuko 47 years of imprisonment |
| Transfer to Serve Sentence | Joseph Kanyabashi 14 December 2015 · Sentence served Elie Ndayambaje 8 November 2017 · Senegal Sylvain Nsabimana 14 December 2015 · Sentence served Arsène Shalom Ntahobali 27 November 2017 · Senegal Alphonse Nteziryayo 9 March 2016 · Early release Pauline Nyiramasuhuko 19 June 2018 · Senegal |
Key Documents
| Amended Indictment | Amended Indictment [Vol. I] (2001) |
| Amended Indictment | Amended Indictment [Vol. II] (2001) |
| Trial Judgment | Trial Judgment (2011) |
| Appeal Judgment | Appeal Judgment [Vol. I] (2015) |
| Appeal Judgment | Appeal Judgment [Vol. II] (2015) |
| ICTR Case Page | Official ICTR page |