PROSECUTION PRESENTS CLOSING ARGUMENTS

Arusha, March 1, 2004 (FH) - The prosecution in the trial of formerRwandan minister for Finance Emmanuel Ndindabahizi presented its closingarguments on Monday at the International Criminal Tribunal for Rwanda(ICTR). Ndindabahizi, 53 is charged with three counts including genocide and crimesagainst humanity (extermination and murder).

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He allegedly perpetratedmassacres of civilians in his native prefecture of Kibuye, western Rwanda. He is accused of allegedly organizing, inciting and supervising massacres,including making public calls for the killing of Tutsis in general andcertain individuals in particular. The prosecutor Charles Adeogun-Phillips (Nigeria) told the chamber that theaccused is individually responsible for the attacks directed on Tutsicivilians in Kibuye prefecture between May and April 1994. He added that Ndindabahizi possessed the requisite intent to commit genocidein 1994. “All the elements exist to prove crimes against humanity at GitwaHill in Gacharu cellule committed by Ndindabahizi,” Adeogun-Phillips said. The prosecutor further submitted that the attacks of Tutsi civilians inseveral parts of Kibuye were carried out in a systematic manner and that theaccused had knowledge that his conduct formed part of those systematic andwide attacks. “The characterization of the accused's conduct is that of instigation,abetting and aiding,” said Adeogun-Philips, then revisiting evidence ofsome prosecution witnesses in a bid to show that the accused had instigatedattacks in various places. Among the places allegedly visited by Ndindabahizi during the genocide,roadblocks at Faye, Gaseke, and Gacharu all in Kibuye were mentioned. Other crime scenes are, Gitwa Hill, Gitesi Commune and Kibilizi market. Atall the crimes scenes the prosecutor argued, Ndindabahizi's conduct wasconsistent. He allegedly made inciting remarks, distributed machetes and at times ledattacks, for instance at Gitwa Hill, where he personally launched one bythrowing a grenade at Tutsi refugees. The prosecutor asked the court to find Ndindabahizi guilty of genocide foraiding and abetting those attackers manning the roadblocks. The alleged presence of Ndindabahizi who was a cabinet minister at the crimescenes, Adegoun-Phillips said “had an encouraging effect on the attackers”. Another prosecutor, Wallace Kapaya, who also presented part of the closingarguments declared that the prosecution has proved beyond a reasonable doubtall the counts the accused is facing and the chamber has a duty to convicthim. “Ndindabahizi is guilty on all the counts as charged,” Kapaya stated as hefinalised the arguments. Ndindabahizi's defence counsel, Pascal Besnier (France) will make hisclosing arguments on Tuesday afternoon. Ndindabahizi's trial, which began on September 1, 2003, is among thefastest in the tribunal. Evidence of fifteen prosecution witnesses andeighteen defence witnesses was heard since the trial started, up to November28, 2003