"The
Appeals Chamber, Judges Liu (Daqun) and (Theodor) Meron dissenting, dismisses
Muvunyi appeals in all respect and affirms the sentence of 15 years of
imprisonment imposed on (him) by the Trial Chamber," announced presiding Judge
Patrick Robinson.
Muvunyi,
who was based at the Non-Commissioned Officers School (ESO), was convicted of
direct and public incitement to commit genocide for giving a speech at Gikore
Centre, Butare Prefecture
(Southern Rwanda) in May, 1994, allegedly
leading to killings of Tutsis.
The
Chamber dismissed all his two grounds of appeal. "The variance between the
indictment date range of early May 1994 and the Trial Chamber's finding that
the event occurred in mid to late May 1994 is not significant," the Chamber
ruled.
Muvunyi,
in his arguments, had submitted that the indictment specifically pleaded a
meeting at the beginning of May 1994 whereas the evidence presented at the
trial concerned a different event that took place no sooner than mid June 1994.
He
had also argued that the Trial Chamber committed errors in assessing evidence
related to his participation in the meeting and failed to apply appropriate
causation in assessing evidence of witnesses who actively participated in
genocide in which the prosecution had exclusively relied on them.
In
its decision, however, the Appeals Chamber said it identified no error in the
Trial Chamber's reliance on accomplice evidence or evidence of other
individuals who participated in the genocide.
"A
Trial Chamber has the discretion to rely on such evidence, provided it
exercises appropriate caution. The Appeals Chamber is not convinced that the
Trial Chamber failed to apply appropriate caution to this category of
evidence," it ruled.
The
Chamber also dismissed the appeal by the prosecution, seeking enhancement of
the 15 years imprisonment to 25, for Trial Chamber's failure to assess, among
others, the gravity of crimes Muvunyi was convicted of and gave insufficient
weight of aggravating circumstances.
It
said that, "The Appeals Chamber finds no error in the Trial Chamber's
assessment of these facts."
The
15-year-jail term was given by a Trial Chamber against Muvunyi on February 11,
2010, after the Appeals Chamber quashed his first conviction and 25 years
imprisonment sentence against him for genocide, direct and public incitement to
commit genocide and other inhumane acts.
The
Appeals Chamber had ordered a retrial on direct and public incitement to commit
genocide count, specifically on the speech Muvunyi made at Gikore Commercial
Centre.
FK/NI/GF
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