\nArusha,
\nApril 1, 2011 (FH) - The Appeals Chamber of the International Criminal Tribunal
\nfor Rwanda (ICTR) Friday confirmed the 15 years imprisonment sentence imposed
\non former Rwandan military officer, Lieutenant-Colonel Tharcisse Muvunyi, for
\ndirect and public incitement to commit genocide.\n<\/p>\n
"The
\nAppeals Chamber, Judges Liu (Daqun) and (Theodor) Meron dissenting, dismisses
\nMuvunyi appeals in all respect and affirms the sentence of 15 years of
\nimprisonment imposed on (him) by the Trial Chamber," announced presiding Judge
\nPatrick Robinson. <\/p>\n
\nMuvunyi,
\nwho was based at the Non-Commissioned Officers School (ESO), was convicted of
\ndirect and public incitement to commit genocide for giving a speech at Gikore
\nCentre, Butare Prefecture
\n(Southern Rwanda) in May, 1994, allegedly
\nleading to killings of Tutsis. \n<\/p>\n
\nThe
\nChamber dismissed all his two grounds of appeal. "The variance between the
\nindictment date range of early May 1994 and the Trial Chamber's finding that
\nthe event occurred in mid to late May 1994 is not significant," the Chamber
\nruled.\n<\/p>\n
\nMuvunyi,
\nin his arguments, had submitted that the indictment specifically pleaded a
\nmeeting at the beginning of May 1994 whereas the evidence presented at the
\ntrial concerned a different event that took place no sooner than mid June 1994.<\/p>\n
\nHe
\nhad also argued that the Trial Chamber committed errors in assessing evidence
\nrelated to his participation in the meeting and failed to apply appropriate
\ncausation in assessing evidence of witnesses who actively participated in
\ngenocide in which the prosecution had exclusively relied on them.\n<\/p>\n
\nIn
\nits decision, however, the Appeals Chamber said it identified no error in the
\nTrial Chamber's reliance on accomplice evidence or evidence of other
\nindividuals who participated in the genocide.\n<\/p>\n
\n"A
\nTrial Chamber has the discretion to rely on such evidence, provided it
\nexercises appropriate caution. The Appeals Chamber is not convinced that the
\nTrial Chamber failed to apply appropriate caution to this category of
\nevidence," it ruled.\n<\/p>\n
\nThe
\nChamber also dismissed the appeal by the prosecution, seeking enhancement of
\nthe 15 years imprisonment to 25, for Trial Chamber's failure to assess, among
\nothers, the gravity of crimes Muvunyi was convicted of and gave insufficient
\nweight of aggravating circumstances.\n<\/p>\n
\nIt
\nsaid that, "The Appeals Chamber finds no error in the Trial Chamber's
\nassessment of these facts."\n<\/p>\n
\nThe
\n15-year-jail term was given by a Trial Chamber against Muvunyi on February 11,
\n2010, after the Appeals Chamber quashed his first conviction and 25 years
\nimprisonment sentence against him for genocide, direct and public incitement to
\ncommit genocide and other inhumane acts. <\/p>\n
\nThe
\nAppeals Chamber had ordered a retrial on direct and public incitement to commit
\ngenocide count, specifically on the speech Muvunyi made at Gikore Commercial
\nCentre.\n<\/p>\n
\nFK\/NI\/GF<\/p>\n
\n©
\nHirondelle News Agency<\/p>\n","protected":false},"excerpt":{"rendered":"
Arusha, April 1, 2011 (FH) - The Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) Friday confirmed the 15 years imprisonment sentence imposed on former Rwandan military officer, Lieutenant-Colonel Tharcisse Muvunyi, for direct and public incitement to commit genocide.<\/p>\n","protected":false},"author":64,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[555],"tags":[],"ji_location":[],"class_list":["post-23338","post","type-post","status-publish","format-standard","hentry","category-hirondellenews"],"acf":[],"yoast_head":"\n