“We filed a notice of appeal several days ago to oppose some findings of the Trial Chamber judgment delivered on May 31, 2012“, James Arguin, Chief of Appeals and Legal Advisory Division in the prosecutor’s office told Hirondelle News Agency on Monday.
The Trial Chamber presided by Ugandan Judge Solomy Balungi Bossa convicted Nzabonimana of genocide, conspiracy to commit genocide, direct and public incitement to commit genocide and extermination, as a crime against humanity. He was sentenced to life imprisonment.
In his notice of appeal dated June 29, 2012, Jallow is asking the Appeals Chamber to also convict Nzabonimana of incitement to commit genocide for his words and actions one day before a massacre that took place in Nyabikenke Commune on April 15, 1994.
“The Appeals Chamber should find that Nzabonimana is responsible under count one (genocide) and four (extermination) for committing this massacre because his conduct was an integral part of the crime. Alternatively (it) should find (him) responsible for ordering the massacre,” he stated.
According to the Prosecution, the massacre took place because Nzabinmana released killers who were emprisonned in Rutobwe Commune for their actions.
The lower court found that Nzabonimana encouraged the killings by orchestrating the release of Tutsi killers, but could not hold him responsible for prosecution’s failure to prove specific crimes committed by them after being freed and that such discharge had a role in commission of crimes.
“The Appeals Chamber should reverse the acquittal and convict Nzabonimana under count one for genocide on the basis of these killings,” the prosecutor added.
Born in 1953, Nzabonimana, a Geologist who hold a PhD from France, was arrested in relation to the crimes on February 18, 2008 in Tanzania. His trial opened on November 9, 2009 and was concluded on September 12, 2011.