Appeals Chamber Affirms Rukundo’s and Kalimanzira’s Convictions but Reduces their Sentences
The Appeals Chamber of the International Criminal Tribunal for Rwanda,
composed of Judges Fausto Pocar, presiding, Mehmet Güney, Liu Daqun,
Theodor Meron, and Carmel Agius, today delivered two judgements in the
cases of the Prosecutor vs Emmanuel Rukundo and The Prosecutor vs Callixte
Kalimanzira.
The Chamber affirmed the conviction of Rukundo, a former Military Chaplain,
for genocide and for murder and extermination as crimes against humanity in
relation to the events related to Saint Joseph’s College and for the
killing of Tutsi refugees abducted from the Saint Léon Minor Seminary. But
it did so on the basis of his responsibility for aiding and abetting these
crimes rather than committing them as the Trial Chamber III had found on 27
February 2009. In addition, the Appeals Chamber, Judge Pocar dissenting,
reversed Rukundo’s conviction for genocide by causing serious mental harm
to a Tutsi woman when he sexually assaulted her.
The Appeals Chamber then reduced Rukundo’s sentence to 23 years of
imprisonment from the 25 years he had previously been sentenced to. The
Prosecution appeal was dismissed in its entirety.
The Appeals Chamber also affirmed the conviction of Kalimanzira, former
directeur de cabinet in the Ministry of Interior, for aiding and abetting
genocide at Kabuye hill but reduced his sentence from the 30 years
imprisonment he received earlier to 25 years. The Chamber, with Judge Pocar
dissenting in certain instances, reversed Kalimanzira’s remaining
convictions after finding several factual and legal errors in the Trial
Chamber’s assessment. The Appeals Chamber dismissed the Prosecution appeal
in its entirety.
Trial Chamber III, on 22 June 2009, found Kalimanzira guilty of instigating
and aiding and abetting genocide at the roadblock on Butare-Gisagara road
around 22 April 1994, at Kabuye hill on 23 April 1994 and at the
inauguration of Élie Ndayambaje as bourgmestre of Muganza Commune on 22
June 1994. In addition, it convicted Kalimanzira for committing direct and
public incitement to commit genocide in Butare prefecture.
Rukundo was born on 1 December 1959 in Mukingi Commune, Gitarama
Prefecture, Rwanda. In February 1993, Rukundo, an ordained priest, was
appointed as a military chaplain for the Rwandan army, a position he
maintained throughout the relevant events. Kalimanzira was born in 1953 in
Muganza Commune, Butare Prefecture, Rwanda and held various positions in
the Rwandan government.