Chief of Appeals and Legal Advisory in the office of the prosecution, James Arguin, told Hirondelle News Agency Tuesday that they were appealing the sentence and some findings against former Mayor Joseph Kanyabashi after observing errors in the judgment delivered on June 24, 2011.
Kanyabashi, former Mayor of Ngoma commune in Butare prefecture, South Rwanda, was sentenced to 35 years in jail for genocide, direct and public incitement to commit genocide, crimes against humanity and war crime for his superior responsibility of communal policemen and soldiers who killed Tutsis at two different locations.
"The errors have been set out in the Notice of Appeal filed on September 1, 2011. As for the other convicts, we have been satisfied by both conviction and sentences provided as set out in the judgment. We found no errors in law and facts suitable to lodge an appeal against them," Arguin said.
According to the notice, the Chamber erred in not holding Kanyabashi responsible for direct and public incitement to commit genocide, genocide, or in the alternative, instigating or aiding and abetting genocide for his speech on April 19, 1994 at the swearing in ceremony of Sylvain Nsabimana as prefect of Butare.
Other convicts, former Minister for Women and Family Affairs Pauline Nyiramasuhuko and her son, Arsene Shalom Ntahobali, were each sentenced to life imprisonment after being found guilty of genocide, crimes against humanity and war crimes. Nyiramasuhuko was in addition convicted of conspiracy to commit genocide.
Former mayor of Muganza commune in Butare prefecture, Eli Ndayambaje, was also sentenced to life imprisonment for genocide, direct and public incitement to commit genocide, crimes against humanity and war crime for aiding and abetting and instigating massacres of Tutsis at some locations in his area.
Former prefect of Butare Alphonse Nteziryayo was ordered to remain behind bars for 30 years for direct and public incitement to commit genocide for his speeches at different areas in June 1994, whereas other former prefect Sylvain Nsabimana got 25 years jail term for genocide, crimes against humanity and war crime for failure to discharge his legal duty, thereby aiding and abetting killings of Tutsis at the prefecture office.
All the convicts have not lodged notices of appeal to challenge the judgement, but they have applied for extension of time to file the notices in question. The Appeals Chamber has ordered the convicts to file their respective notices not later than October 17, 2011.
© Hirondelle News Agency