04.10.10 - ICTR/RENZAHO - APPEALS CHAMBER DISMISSES RENZAHO'S REQUEST

Arusha, October 4, 2010 (FH) - The Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) has dismissed the request by genocide-convict and former Kigali Governor, Colonel Tharcisse Renzaho, seeking additional evidence in his appeal against life imprisonment sentence imposed on him for genocide, murder and rape.

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The Chamber said in its decision posted in the ICTR website and made available to Hirondelle News Agency Monday that Renzaho failed to demonstrate the admissibility and reliability of documentary exhibits he sought to be admitted before determination of his appeal.

Among the evidence the appellant sought for admission, including an extract of video broadcast of April 11, 1994 entered into evidence on May 27, 2007 in the trial of genocide-accused and former Rwandan Health Minister, Dr Casimir Bizimungu.

Renzaho claimed that its admission during the trial would have led the Trial Chamber to have a different conclusion in respect of control over resources in the Kigali-Ville prefecture and superior responsibility in general and on the aspect pertaining to the removal of corpses from the streets in the prefecture.

The Appeals Chamber considered, however, that such exhibit could only be admitted as additional evidence on appeal if Renzaho demonstrated that it would have an impact on the verdict.

"Accordingly, the Appeals Chamber finds that the denial of the admission of this evidence on appeal will not result a miscarriage of justice, Therefore, Renzaho's request is dismissed," the Chamber further ruled.

Other additional evidence sought to be admitted include several documents, Renzaho contended were new, exculpatory and impact the Trial Chamber's decision.

Trial Chamber I convicted Renzaho on July 14, 2009 of genocide, murder and rape and sentenced him to a single sentence of life imprisonment. He was found to have, among others, participated in attacks, including at Saint Famille Church in Kigali and arming the notorious interahamwe militia.

He sought the admission of additional evidence after hearing his appeal in June 2010 when the prosecution asked the Appeals Chamber to uphold both conviction and the sentence.

The defence, however, sought for acquittal, alleging that Renzaho was not accorded with fair trial because most of witnesses he described as potential did not testify.

FK/ER/GF

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