National Events - Peter Robinson

III.National EventsIntroduction 004A. Post-April 1994 Events Charged in the Indictment 0051. Meeting of 7 April 1994 with Colonel Bagosora 0052. Formation of Interim Government on 8 April 1994 0083. Orders and Control over Interahamwe 0154. Meetings with Interahamwe at Diplomat Hotel 0285. Distribution of Weapons on 9-12 April 1994 0346. Killings in Kabeza 0437. Meeting of Prefets on 11 April 1994 0468. 19 April 1994 Speech of Sindikubwabo in Butare 0489. 27 April 1994 Instructions from Prime Minister 05310. Meeting in late April at Kigali Prefecture Office 05511. Civil Defence Program 06412. Rapes and Sexual Assaults 068B. Pre-April 1994 Events Charged in the Indictment 0711. The Joint Criminal Enterprise 0712. Formation and Expansion of the Interahamwe 0743. Military Training of the Interahamwe 0764. Distribution of Weapons to Interahamwe 0845. Lists of Tutsis to be Killed 0966. Fundraising Meeting at Hotel Rebero 0997. 23 October 1993 MDR Rally at Nyamirambo Stadium 1018. 7 November 1993 MRND Rally at Nyamirambo Stadium 1049. 16 January 1994 MRND Rally at Nyamirambo Stadium 10510. Establishment of RTLM 109C. Post-April 1994 Events Admitted Outside of the Indictment 1101. Assassination of President Habyarimana 1102. Security Meetings at Kigali Prefecture Office 1133. 12 April 1994 Incitement at Nyabugogo Roadblock 1184. April 1994 MRND/Interahamwe Communiques 1215. Witness HH in Murambi 1236. Efforts to Evacuate Refugees fromMiile Collines 125D. Pre-April 1994 Events Admitted Outside of the Indictment 1261. MRND Meetings with Kigali Conseillers 1262. MRND Rally at Rwamagana 1303. January 1994 Allegations by Jean-Pierre Turatsinze 1314. Sabotage of the Arusha Accords 1425. Cooperation with Military Plan to Exterminate Tutsis 1492

E. Other Facts Relating to the Credibility of National Witnesses 1521. March 1992 Events in Bugesera 1522. 28 May 1992 MRND March and Rally 1543. MRND/CDR Coalition 1574. 15 November 1992 MRND Rally in Ruhengeri 1595. 22 November 1992 Mugesera Speech at Kabaya 1636. Ahmed Mbonyunkiza 1697. Witness G 1738. Witness UB 1759. Witness T 17910. Witness ALG 17911. Witness HH 18012. Witness AWE 18513. Witness AWD 18614. Witness AJY 191Conclusion 1923

I.INTRODUCTION1. The prosecution’s case against Joseph Nzirorera includes allegations of hisinvolvement in a nationwide joint criminal enterprise whose objective was to exterminatethe Tutsis. Mr. Nzirorera never had any such objective, and in fact tried to stop themassacres, as demonstrated by the prosecution’s own evidence.2. Like its case on Ruhengeri events, the prosecution’s case on national events isdependent on the credibility of a collection of liars drawn from the ranks of prisoners,fugitives, and persons whose testimony was bought by the prosecution through thepayments of hundreds of thousands of dollars.3. In his defence case, Mr. Nziorera will systematically refute the prosecution’sallegations, and, although having no burden or obligation to do so, will demonstrate thathe is not guilty of the charges brought against him. 11 Mr. Nzirorera is filing this ―almost‖ Final Brief at this time to assist the Trial Chamber and parties inpreparing for and following his evidence on the National events, which will commence on or about 1February 2010. However, he is unable to file a final brief because of pending motions which will affect theevidence of national events.4

II.NATIONAL EVENTSA. Post 6 April 1994 events charged in the Indictment1. Meeting of 7 April 1994 with Colonel Bagosoraa. Indictment28.1 The various participants in the conspiracy, including ÉdouardKAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA,convened in meetings with Théoneste BAGOSORA at the Ministry ofDefense on morning of 7 April 1994.b. Prosecution evidencei. Exhibits from Theoneste Bagosora4. In a handwritten letter dated 8 August 1994, submitted by Luc de Timmerman,Colonel Theoneste Bagosora recounted how on the evening of 6 April 1994, he had metwith SRSG Booh Booh and General Dallaire at Booh Booh’s residence. Booh Boohsuggested that they ask the MRND to propose a candidate to replace PresidentHabyarimana. After meeting with SRSG Booh Booh, he had called MathieuNgirumpatse and asked him to meet at the Ministry of Defence at 7 a.m. on the morningof 7 April 1994. 25. According to Bagosora, on the morning of 7 April 1994, the MRND executivecommittee came to the Ministry of Defence and said they could not present a candidate atthis time and that they were not able to gather the party Congress to present a candidate. 3ii.Testimony from Bagosora trial6. Mathieu Ngirumpatse’s testimony in the Bagosora trial provided the followinginformation on the events of 6-7 April 1994:7. On 6 April 1994, at about 8:30 p.m., he received a telephone call from EnochRuhigira telling him that the President’s plane had been shot down. After midnight, he2 P258 at p. 13 P258 at p. 25

eceived a telephone call from Colonel Bagosora saying that he wanted to meet theMRND leadership the following morning and that he would send an escort. 48. Ngirumpatse telephoned Karemera and Nzirorera and they agreed to attend themeeting. He telephoned Kabagema, who said that his neighborhood was surrounded byRPF and he could not attend. 59. The next morning at 7 a.m., the three MRND leaders met with ColonelBagosora and General Ndindiliyimana. Bagosora said that he had met with Booh Boohthe previous evening and Booh Booh had asked him to contact the leadership of theMRND in order to choose a new chairman to replace President Habyarimana. 610. Ngirumpatse said that the choice for the president of the republic was notunder the jurisdiction of the executive committee, but, rather, within the purview of thenational congress and that they were unable to bring together the 400-odd congressparticipants in Kigali on account of the security conditions in the country. 7Nzirorera spoke and supported that position. 8Karemera and11. The meeting ended at about 8:30 a.m. The three MRND leaders remained atthe Ministry of Defence until about 10 a.m. when their escort arrived. Ngirumpatse andKaremera returned to their homes, while Nzirorera remained in town. His house waslocated near CND and it was not safe for him to return home. 912. Joseph Nzirorera’s testimony in the Bagosora trial provided the followinginformation about the events of 6-7 April 1994:13. On the night of the 6th to the 7th of April, a short while after 1 a.m., hereceived a phone call from Mathieu Ngirumpatse, who said that he had just received aphone call from Colonel Théoneste Bagosora requesting that the executive steeringcommittee of the MRND, meet in the defence ministry early in the morning of the 7th ofApril at 7 a.m. 1014. His residence in Kigali is located near the CND building which, at the time,was housing the RPF battalion. Between six o'clock and 6:30, a military escort came to4 Exhibit #P61 @ 525 Exhibit #P61 @ 536 Exhibit #P61 @ 567 Exhibit #P61 @ 568 Exhibit #P61 @ 579 Exhibit #P61 @ 57-5810 Exhibit #P69 @ 696

his home and took him to the defence ministry. 1115. Bagosora took the floor and said that during the night he had had discussionswith the special representative of the United Nations secretary-general, Dr. JacquesRoger Booh-Booh. They had discussion on the situation which had just occurred withthe death of President Habyarimana. He suggested that the MRND had to designate apresident of the republic to replace President Habyarimana. 1216. Ngirumpatse said it was not within the purview of the MRND executivecommittee to designate the candidate for the post of president. In order for such an actionto be taken, it was necessary to bring together a national congress of the MRND, whichwas not feasible at that time given the security situation. 13iii. Minutes of Meeting17. During the prosecution case, the Trial Chamber admitted a document whichpurports to be minutes of the meeting of 7 April 1994 between Colonel Bagosora andGeneral Ndindiliyimana and the MRND leaders. 14 These minutes were authored byWitness 35.18. According to the minutes, the MRND leaders declined to designate asuccessor to President Habyarimana, citing party rules.iv. Inferences from Prosecution Evidence19. All of the prosecution evidence is unanimous that the three accused declinedto nominate someone to replace President Habyarimana on the morning of 7 April 1994.If the accused were members of a joint criminal enterprise with Bagosora and othermilitary leaders, as alleged in the indictment, one would have expected that they wouldhave gone along with the request of their alleged fellow members of the enterprise, andindeed, even taken power for one of them.c. Defence Evidence20. Edouard Karemera testified that he met with Ngirumpatse, Nzirorera,Bagosora, and General Ndindiliyimana at the Ministry of Defence on the morning of 711 Exhibit #P69 @ 7012 Exhibit #P69 @ 70-7113 Exhibit #P69 @ 70-7114 Exhibit #P2947

April 1994. Epiphane Hanyurwimana was not present. 15Bagosora told them that SpecialRepresentative Jacques Roger Booh Booh had suggested that the MRND name a newPresident. 16Mathieu responded that they would have to convene a party Congress to dothat, and Karemera and Nzirorera agreed. 1721. Joseph Nzirorera will confirm the version of the meeting he provided whenhe testified in the Bagosora trial.22. Colonel Theoneste Bagosora will testify that the MRND leaders attended themeeting on 7 April 1994 in his office and that MRND declined his request that theydesignate a replacement for President Habyarimana.23. Jacques Roger Booh Booh will testify that he urged Colonel Bagosora on thenight of 6 April 1994 to contact the MRND and have them nominate a replacement forPresident Habyarimana.24. Witness 35 will testify that he attended the meeting on the morning of 7 April1994 between Colonel Bagosora and the MRND leaders. His conclusion from thatmeeting and subsequent close involvement with military and civilian leaders was thatthere was no plan to exterminate the Tutsis, the leaders were against the killings, andtried to stop them, but did not have sufficient control over those who were killing to doso.2. Formation of the Interim Government on 8 April 1994a. Indictment28. The assassinations of President Juvénal HABYARIMANA and ArmyChief of Staff Déogratias NSABIMANA on the evening of 6 April 1994created a crisis of leadership for Rwandan civilian and military authorities.When Théoneste BAGOSORA was unable to take control throughstructures of authority in the Ministry of Defense or the FAR, extremistelements in the military and the MRND and ―Hutu Power‖ politicalparties, including Édouard KAREMERA, Mathieu NGIRUMPATSE,and Joseph NZIRORERA agreed among themselves to impose aninterim civilian government to fill the power vacuum. ÉdouardKAREMERA, Mathieu NGIRUMPATSE, Joseph NZIRORERA, Col.Théoneste BAGOSORA, Donat MUREGO, Frodouald KARAMIRA,Hyacinthe Rafiki NSENGIYUMVA agreed amongst themselves and with15 Transcript of 28 May 2009 @ 316 Transcript of 28 May 2009 @ 517 Transcript of 28 May 2009 @ 98

Uwilingiyimana. 21 ii. Exhibits from Theoneste Bagosoraother leading members of the MRND and ―Hutu Power‖ opposition partiesto assemble the Interim Government of 8 April 1994 with the intention ofusing the apparatus and resources of the state, and the legitimacy of stateauthority, to execute the destruction of Rwanda’s Tutsi population.28.1 …They met again on the morning and afternoon of 8 April 1994, by whichtime Presidential Guard soldiers loyal to Col. Théoneste BAGOSORA,and subject to his effective control, had already killed Prime MinisterAgathe UWILINGIYIMANA, Parti Social-Démocrate party chairmanFrederick NZAMURAMBAHO, Parti Libéral party chairman LandoualdNDASINGWA, Constitutional Court President JosephKAVARUGANDA, all of who would otherwise have assumed control ofthe government or whose participation would have been required toconstitute a new civilian authority under the terms of the Broad BasedTransitional Government anticipated by the Arusha Accords or the 1991Constitution, facts known to all members of the conspiracy by theafternoon of 7 April 1994.b. Prosecution Evidencei. Witness GOB25. Witness GOB testified that the accused violated the Arusha Accords whennominating Theodore Sindikubwabo to be President. Witness GOB initially testified thatit was clearly provided that the President of the MRND should replace the President incase of a vacancy. 18Witness GOB later apologized for his error when he recognized thatArticle 48 of the Arusha Accords provided for the President of the Transitional Assemblyto initially replace the President. 1926. Witness GOB testified that there was no transitional national assembly on 7April 1994. 20 However, the person who was supposed to become speaker of theTransitional National Assembly was Felicien Ngango of the PSD party. The person tobecome President of the Supreme Court was Joseph Kavaruganda. Both were killed soonafter the crash of President Habyarimana’s plane, along with Prime Minister Agate18 Transcript of 23 October 2007 @ 419 Transcript of 24 October 2007 @ 29; Exhibit DNG-8520 Transcript of 25 October 2007 @ 6821 Transcript of 25 October 2007 @ 55-569

27. In a handwritten letter dated 8 August 1994, submitted by Luc deTimmerman, Colonel Theoneste Bagosora recounted that on the morning of 8 April 1994,the political party leaders met at the Ministry of Defence beginning at 8 a.m. andcontinuing all day. At 5 p.m. they went to the ESM and presented the result of their workto the crisis committee. 22iii. Testimony from Bagosora trial28. Mathieu Ngirumpatse’s testimony in the Bagosora trial provided the followinginformation on the events of 8 April 1994:29. He learned of the death of the Prime Minister on the radio after he returnedhome on the 7 th . 2330. That evening, he received a call from a military officer saying that he wassending an escort for them to meet again at the Ministry of Defence the next morning. 2431. The next morning on 8 April 1994, when they returned to MINADEF,Bagosora told them that the Crisis Committee was of the opinion that the politicians hadto get together and try to solve the problem of the political vacuum. 25 The MRND saidthat they would need the other parties to be present, and Bagosora said that he would lookfor them. 2632. While waiting at MINADEF for the representatives of the other politicalparties to arrive, the three MRND leaders discussed the legal and institutional frameworkfor how to proceed. They decided that they should follow the 1991 Constitution since the33. The Arusha Accords did not provide for the situation of the president’s deathbefore the transitional institutions were put in place. 2734. The 1991 Constitution provided that the President of the CND would replacethe President until a new head of state could be elected. 28 The three MRND leaders wentto speak to Theodore Sindikubwabo, the President of the CND, to see if he would agree22 P258 at p. 323 Exhibit #P62 @ 5424 Exhibit #P61 @ 5825 Exhibit #P61 @ 59-6026 Exhibit #P61 @ 6027 Exhibit #P61 @ 6128 Exhibit #P61 @ 61-6210

to become President. He agreed. 29 The three MRND leaders then returned toMINADEF at around 11 a.m. 3035. The representatives of the other political parties had arrived and the MRNDleaders began a discussion with them. They split into two groups to draft a text for thenew government and to draft a speech for the President. 3136. The political party leaders decided to draft a new protocol to supplement theprotocol of the 5 political parties of July 1993. 32 However, they needed representativesfrom the PSD party. 3337. Those present were Karamira and Murego from MDR, Mugenzi from PL,Celestin Kabanda and others from PDC. 34 Colonel Bagosora was able to bring the PSDrepresentatives later in the afternoon, Francois Ndungutse and Hyacinthe Rafiki. 3538. The MDR was invited to nominate a Prime Minister and they went and lookedfor Jean Kambanda. The MRND decided to retain their current ministers. The otherparties also nominated their choices for ministers. 3639. The political party leaders agreed upon three missions for the newgovernment: (1) restore security of persons and property; (2) negotiate with the RPF toestablish transitional institutions; and (3) alleviate the misery of famine-stricken anddisplaced persons. 3740. The political party leaders then proceeded to the ESM and briefed the CrisisCommittee on what they had decided. 38 At the ESM, Sindikubwabo and Kambanda werepresent, as was General Dallaire. 39 Ngirumpatse briefed the Crisis Committee on theoutcome of the meetings of political party leaders. No one protested about thecomposition of the government or said that it was not legally constituted. 4041. Joseph Nzirorera’s testimony in the Bagosora trial provided the following29 Exhibit #P61 @ 63-6430 Exhibit #P61 @ 6431 Exhibit #P61 @ 6432 Exhibit #P61 @ 6633 Exhibit #P61 @ 6734 Exhibit #P61 @ 64-6535 Exhibit #P61 @ 6836 Exhibit #P61 @ 6937 Exhibit #P61 @ 7038 Exhibit #P61 @ 7039 Exhibit #P61 @ 72-7340 Exhibit #P61 @ 7311

information on the events of 8 April 1994:42. On the morning of 8 April, the three members of the executive committeereturned to MINADEF. Bagosora said it was the opinion of UNAMIR, as well as themilitary crisis committee, that political parties had to put in place a government to run thepolitical affairs of the country. So it was recommended that political parties had to gettogether so as to set up a government, which government had to continue running thenormal affairs of state. The MRND leaders requested Bagosora to locate the leaders ofthe other political parties which were represented in the transitional government. 4143. After Bagosora left, the three MRND leaders discussed what to do. Theyrealized that the Arusha Accords did not provide for the replacement of the Presidentbefore the setting up of the transitional institutions. There was also no transitionalassembly to submit the names of two candidates to. So they fell back on the 1991Constitution, which provided for the President of the CND to become acting President for90 days. 4244. They went to see the CND President Sindikubwabo at his residence. Heagreed to become President. When they returned to MINADEF, the representatives ofthe MDR, PL, and PDC parties were already there. 43 They insisted that Bagosora fetchthe PSD representatives. They arrived later in the afternoon. Then the political leaderssplit into two working groups—one to draft and amended protocol and one to draft thespeeches to be made. 4445. Afterwards, they all went to the ESM to meet with the military crisiscommittee and to tell them that the politicians had found a solution to the problem thatthey had raised. He did not remember any non-Rwandans being present. No oneobjected to the agreement they had reached. 45iv. UN documents41 Exhibit #P69 @ 7242 Exhibit #P69 @ 72-7443 Exhibit #P69 @ 7444 Exhibit #P69 @ 7545 Exhibit #P69 @ 7612

46. On 7 April 1994, Kofi Annan reported that Dallaire and Booh Booh have saidon the phone that they are trying to get an interim government established to help restoreauthority. 4647. On 25 May 1994, United Nations Legal Advisor Ralph Zacklin provided anopinion that the Interim Government had been lawfully established. 47v. Minutes of Meeting48. During the prosecution case, the Trial Chamber admitted, a document whichpurports to be minutes of a meeting of 8 April 1994 between the military CrisisCommittee and leaders of the political parties. 48 These minutes were authored byWitness 35.49. The minutes reflect that Mathieu Ngirumpatse explained the steps the politicalparty leaders took to form an interim government, and then each party presented itsMinisters. Nzirorera did not speak during this meeting.vi. Inferences from Prosecution Evidence50. It should be noted that the prosecution presented no evidence or document toshow that the Interim Government was established with ―the intention of using theapparatus and resources of the state, and the legitimacy of state authority, to execute thedestruction of Rwanda’s Tutsi population,‖ as it alleged in paragraph 28 of theindictment.c. Defence Evidence51. Edouard Karemera testified that on 8 April 1994, they decided to set up aninterim government and asked Theodore Sindikubwabo to be acting President. Theybelieved that this was a legal procedure in light of the fact that the Arusha Accords hadnot yet taken effect and that the RPF had assassinated the President. 4952. Joseph Nzirorera will confirm the version of the events of 8 April 1994 thathe provided when he testified in the Bagosora trial. He will further testify that hebelieved that resort to the 1991 Constitution was the appropriate course in selecting a46 Exhibit DNZ-40547 Exhibit DNZ-42548 Exhibit #P29749 Transcript of 19 May 2009 @ 2413

eplacement for President Habyarimana. He will also testify that there was no intention toform a government to create an apparatus to destroy the Tutsis.53. Justin Mugenzi will testify about the meetings of political party leaders atMINADEF and then at ESM on 8 April 1994. He will further testify that he believed thatresort to the 1991 Constitution was the appropriate course in selecting a replacement forPresident Habyarimana. He will also testify that there was no intention to form agovernment to create an apparatus to destroy the Tutsis.54. Agnes Ntamabyaliro, the Minister of Justice and a member of the PL party,whose testimony in the Bizimungu et al trial was admitted into evidence pursuant to Rule92 bis, testified that on 8 April she was invited to a meeting of political parties in theearly afternoon at the staff headquarters.. 50 Representatives from every party in thegovernment attended the meeting. The representatives expressed sadness at the death oftwo heads of state and were told that even ordinary citizens were being killed. 51 Theybelieved that government soldiers became enraged by the death of the president and wenton a killing spree. The representatives at the meeting decided to form a government tore-establish order based on the coalition government agreement of April 1992. 5255. The representatives at the meeting determined to continue to consult with theRPF so that hostilities could cease. The minister of defence was outside of the country atthe time. The representatives developed a three point program: (1) restore peace andsecurity; (2) continue negotiations with RPF so that the Arusha peace agreements couldbe implemented; and (3) fight famine in the country. 5356. Emmanuel Ndindabahizi, the Minister of Finance and a member of the PSDparty, whose testimony in the Bizimungu et al trial was admitted into evidence pursuantto Rule 92 bis, testified that the Interim Government was formed based on politicalparties and not on ethnicity. 54 For example, the MRND reappointed all its ministers, it didnot replace any. The PSD replaced 2 ministers, one who had died in February and theother who had been killed in April. 5550 Exhibit DNZ-512; Transcript of 21 August 2008 @ 3751 Exhibit DNZ-512; Transcript of 21 August 2008 @ 3852 Exhibit DNZ-512; Transcript of 21 August 2008 @ 38; Transcript of 21 August 2008 @ 3953 Exhibit DNZ-512; Transcript of 21 August 2008 @ 4054 Exhibit DNZ-513; Transcript of 3 May 2007 @ 4755 Exhibit DNZ-513; Transcript of 3 May 2007 @ 4814

57. Colonel Theoneste Bagosora will testify about the events of 8 April 1994,how he facilitated the transportation of political party leaders to MINADEF, and aboutthe meeting with the Crisis Committee in the afternoon. He will also testify that therewas no intention to form a government to create an apparatus to destroy the Tutsis, andthat he had nothing to do with the killings of the Prime Minister, President of theConstitutional Court, or leaders of the PL and PSD parties.58. Colonel Tharcisse Renzaho will testify that he attended the meeting betweenthe political party leaders and the Crisis Committee on 8 April 1994. He will also testifythat there was no intention to form a government to create an apparatus to destroy theTutsis.59. Witness 35 will testify that as an Army officer, he attended meetings betweenmilitary and civilian authorities and it was evident that the accused, military leaders, andmembers of the Interim Government were not in favor of the killings and wanted to stopthem, but were unable to.60. While expert testimony on the legality of the appointment of PresidentSindikubwabo is not considered necessary, the Trial Chamber may wish to refer toJoseph Nzirorera’s Memorandum on the Applicability of the Arusha Accords to theReplacement of President Habyarimana (29 October 2007) and determine for itselfwhether the solution chosen by the MRND leaders was legally sound.3. Orders to and Control Over Interahamwea. Indictment37. Over the weekend of 8 – 10 April 1994 soldiers and militiamen set uproadblocks in Kigali and checked the identity cards of passers-by andkilled most of those who were identified as Tutsi. ÉdouardKAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERAexercised control over Interahamwe at the roadblocks and were aware ofthe killings, as demonstrated by their directions to militiamen to stop thekillings temporarily when international journalists present in Kigali beganto issue reports on the widespread killing that criticized the government.41. By 12 April 1994 soldiers and militiamen responding to orders andinstigations of attacks from national leaders of the MRND and highlyplaced government officials, including Édouard KAREMERA, MathieuNGIRUMPATSE, and Joseph NZIRORERA, had killed thousands of15

Tutsis. 58 62. Witness G did not know who gave them the Interahamwe orders to kill. He,civilians in Kigali and throughout Rwanda. The victims were primarily ofTutsi ethnic or racial identification but also included persons deemed to bepolitical opponents to ―Hutu Power‖.b. Prosecution evidencei. Witness G61. Witness G testified that he knew of no orders or instigations to attack Tutsisby the accused. Witness T never told him who gave the order for the Interahamwe to killTutsis. 56of the President. 57He does not know who ordered the roadblocks to be established after the deathHe has no information that Nzirorera ordered the Interahamwe to killhimself, was not instructed to join the Interahamwe in killing Tutsis. 5963. After 6 April, the Interahamwe changed and instead of the youth of theMRND, it came to mean the youth of all the parties opposing the RPF. People from allparties were mixed together at roadblocks and were known as Interahamwe. 6064. In his opinion, the government and party leaders could have given orders tothe soldiers to stop the killings and removed the roadblocks and that if they had done so,the killings would have stopped. 61 Later on, he observed that the leaders incited thekillings in their speeches. 6265. In his opinion, the three accused had the power to stop the massacres. Theycould have agreed with the Army to stop the killings. But instead they sent people intothe prefectures to encourage the killing. 6366. He believed that the persons in control of the Interahamwe in Kigali at thistime were [Bernard Maniragaba, Joseph Serugendo, Jean Pierre Sebanetsi, and EphremNkezabera]. He believes that the person in control of them was Nzirorera. 6456 Transcript of 18 October 2005@ 2657 Transcript of 18 October 2005@ 2158 Transcript of 18 October 2005@ 2459 Transcript of 18 October 2005@ 2460 Transcript of 18 October 2005@ 2861 Transcript of 11 October 2005 @ 6162 Transcript of 11 October 2005 @ 6163 Transcript of 13 October 2005 @ 764 Transcript of 28 October 2005 @ 21-2216

was no authority. 66 ii. Witness UB67. Joseph Setiba was very powerful during the period after 6 April. 65 After 6April, there was no rule of law. It was the rule of the jungle—it was mayhem. Peoplelike Joseph Setiba became so powerful that members of the Interahamwe NationalCommittee could not give orders to him. This was also true in the Army, where, after 6April, a corporal could give orders to a Colonel, depending on what region you werefrom. In civilian administration, a conseiller could give orders to a bourgmestre. There68. Witness UB testified that he never ordered anyone to kill Tutsis, nor was heordered by the bourgmestre or prefet to kill Tutsis. 67 He was never ordered by theMRND Chairman in his commune to kill Tutsis 68 , nor by the MRND Chairman for theprefecture. 69 He was never given an order by any of the three accused. 7069. On 7 April, he observed soldiers and Interahamwe manning roadblocks. Therewas no official order to erect the roadblocks—they were used to roadblocks since 1990. 71He did not receive any orders to erect roadblocks. He did not hear any of the threeaccused order the erection of roadblocks. 72 He did not receive information that they hadordered the erection of roadblocks. 7370. In his opinion, the MRND was controlling the Interahamwe at national level.Such control extended to the lowest levels of the party, cellule and secteur level. 7471. He saw Georges Rutaganda, who was national vice-president of theInterahamwe, visiting the various roadblocks. In his opinion, Rutaganda reported toMathieu. Maniragaba was reporting to Nzirorera. Nzirorera would report to Mathieu.These people were under that office's control. He, therefore, assumed they were actingon the orders of that same office. 7565 Transcript of 19 October 2005@ 2266 Transcript of 19 October 2005@ 2367 Transcript of 6 March 2006@ 668 Transcript of 6 March 2006@ 7-869 Transcript of 6 March 2006@ 970 Transcript of 6 March 2006@ 1171 Transcript of 27 February 2006@ 2072 Transcript of 6 March 2006@ 2273 Transcript of 6 March 2006@ 2374 Transcript of 6 March 2006 @ 1075 Transcript of 6 March 2006 @ 22-2317

Ngirumpatse. 77 iii. Witness T72. The people who were at the roadblocks were Interahamwe leaders inKigali-ville, so that, in his opinion, the Interahamwe were being controlled by themembers of the MRND executive committee. 7673. As of 10-11 April 1994, the person in charge of the Interahamwe was RobertKajuga, but, in his opinion, the real person responsible for the MRND party was Mathieu74. After hearing of the death of the President on the night of 6 April, Witness Ttestified that he attempted unsuccessfully to call members of the national Interahamwecommittee and Ngirumpatse. 78 On 8 April, [Bernard Maniragaba] came to his house andthey went out to various roadblocks in Kigali. 79 Prior to that, he did not know that theInterahamwe were manning roadblocks. 80 Witness T observed dead bodies at some ofthe roadblocks. 81 They had been killed by Interahamwe, soldiers, and members of thepopulation. 8275. After 6 April, the term Interahamwe came to include members of youth wingsof other parties and members of the population, even Tutsis who appeared at theroadblocks to demonstrate they were not on the side of the enemy. 8376. It was a reflex in Rwanda to set up roadblocks whenever there was ademonstration, riot, or some element of disorder, and this had happened prior to 1994 aswell. 84 He does not know who ordered the Interahamwe to establish or man roadblocksin April 1994. 85 [Bernard Maniragaba] never told him who had ordered the roadblocksto be established. 8676 Transcript of 27 February 2006 @ 24-2577 Transcript of 27 February 2006 @ 6378 Transcript of 24 May 2006 @ 4979 Transcript of 24 May 2006 @ 53-5480 Transcript of 30 May 2006 @ 381 Transcript of 24 May 2006 @ 54-5582 Transcript of 24 May 2006 @ 5583 Transcript of 30 May 2006 @ 584 Transcript of 30 May 2006 @ 485 Transcript of 30 May 2006 @ 486 Transcript of 30 May 2006 @ 418

77. After the assassination of the President, people became crazy and mad. Therewas an atmosphere of fear and tension when Witness T went out on 8 April. 87 Itappeared to him that the killings resulted both from orders from some authorities and aspontaneous reaction by members of the population. 8878. Witness T knows of no orders by any of the three accused to kill Tutsis. Hehimself never gave orders to kill Tutsi. He does not know who the authorities were whogave the order to kill Tutsi. 8979. The National Committee of the Interahamwe did not have effective controlover someone like Joseph Setiba after 6 April. 9080. After 6 April, the National Committee of the Interahamwe did not have thematerial ability to stop the killings. 9181. Following the death of President Habyarimana, there was no longer anyauthority in control over the situation in Kigali. 9282. The national political bureau of the MRND was not able to design, plan, andconduct the extermination of Tutsis. 93 The MRND did not create and organize theInterahamwe for the purpose of exterminating the Tutsi. 9483. In his opinion, the national committee was in charge of the Interahamweduring this period as was the MRND party. 95 Ngirumpatse always had effective controlof the Interahamwe. Nzirorera had, to a lesser extent, ongoing contact with theInterahamwe. Karemera and Kabagema were escorted to MRND meetings byInterahamwe and had control over them to that extent, in his opinion. 9684. From the way Ngirumpatse complained about the Interahamwe being out ofcontrol and killing Tutsi, it was consistent with the fact that the MRND leaders had notordered the Interahamwe to kill Tutsis. 9787 Transcript of 30 May 2006 @ 688 Transcript of 30 May 2006 @ 689 Transcript of 30 May 2006 @ 790 Transcript of 30 May 2006 @ 2091 Transcript of 31 May 2006 @ 1192 Transcript of 1 June 2006 @ 2293 Transcript of 1 June 2006 @ 4794 Transcript of 1 June 2006 @ 4795 Transcript of 24 May 2006 @ 5896 Transcript of 24 May 2006 @ 5997 Transcript of 30 May 2006 @ 1619

85. Beginning on 8 April, the government was constantly giving out the messageon the radio for people to stop the killing. 98 However, the RPF intensified its bombingsin the high density neighborhoods in Kigali on the 10 th and 11 th and a mass exodus ofpeople began. 9986. The main activity of the Interahamwe during the period after 6 April was tosupport the soldiers. There were no meetings of the national Interahamwe committee, noinstructions communicated by the MRND executive committee—the umbilical cord hadbeen severed. 10087. After the assassination of President Habyarimana there was no longer anyauthority in control of the situation in Kigali. 10188. In his opinion, the three accused had de facto and de jure control over theInterahamwe. 102 After 6 April, all those who were opposed to the RPF were referred toas Interahamwe. 103 The MRND executive committee did not have control over thosevarious persons. 10489. In his opinion, those who controlled the Interahamwe za MRND after 6 Aprilwere Ngirumpatse, Karemera, Kabagema, and Nzirorera. 105 In Kigali city, those in chargeof the roadblocks were primarily Interahamwe za MRND. 106iv. Witness ALG90. Witness ALG testified that in his capacity of an official of the government ofRwanda, he never ordered anyone to be killed, nor did he receive such an order. In hiscapacity as a member of the MRND prefectural committee for Kigali ville, he neverordered anyone to be killed, nor did he receive such an order. 10798 Transcript of 30 May 2006 @ 2699 Transcript of 30 May 2006 @ 49100 Transcript of 31 May 2006 @ 6101 Transcript of 1 June 2006 @ 22102 Transcript of 26 May 2006 @ 28103 Transcript of 1 June 2006 @ 47104 Transcript of 1 June 2006 @ 47-48105 Transcript of 5 June 2006 @ 20106 Transcript of 7 June 2006 @ 30107 Transcript of 2 November 2006 @ 5020

91. The people at the roadblocks behaved like madmen. They behaved likepeople who had totally lost their minds and any remnant of humanity. 108 The situationwas chaos. There was total impunity. 10992. After 6 April, the term ―Interahamwe‖ came to include MRND youth, as wellas the youth of the power wings of the other political parties. 110 It was a jungle and theauthorities had no influence. 11193. It was the leaders of the MRND at the national level who gave theInterahamwe authorization to set up roadblocks after the death of the President. 112 Hewas told this by the bourgmestre of Kacyiru commune when Witness ALG arrived at thecommune office. 11394. According to what Witness ALG was told by the bourgmestre of Kacyiru, theMRND leaders had met with Colonel Bagosora on 7 April 1994. They had then met withthe Interahamwe leaders on 10 or 11 April and conveyed instructions for theInterahamwe to erect and maintain roadblocks in conjunction with soldiers and organizepatrols to prevent the Inkotanyi from attacking the town. 114 Witness ALG did not knowupon whose instructions the Interahamwe had started erecting and manning roadblocks asof 7 April, but claimed that the Interahamwe could not operate with out the approval ofthe MRND leaders. 11595. Witness ALG claimed that Andre Nzabanterura told him in prison between1999 and 2002 but could not recall whether he had told him about the meeting duringwhich MRND officials gave instructions. 11696. Ngirumpatse addressed the members of the national bureau of theInterahamwe and requested them to set up roadblocks so as to fight the enemy andcomply with the orders of soldiers. 117 In addition to this meeting he held with theInterahamwe on the 7 th or 8 th , Ngirumpatse also wrote a letter requesting the Interahamwe108 Transcript of 26 October 2006 @ 60-61109 Transcript of 7 November 2006 @ 51110 Transcript of 27 October 2006 @ 9111 Transcript of 31 October 2006 @ 27112 Transcript of 26 October 2006 @ 61113 Transcript of 26 October 2006 @ 62114 Transcript of 6 November 2006 @ 23115 Transcript of 6 November 2006 @ 23116 Transcript of 6 November 2006 @ 24117 Transcript of 26 October 2006 @ 6321

time. 128 v. Witness HHto comply with the orders of soldiers. 118 Witness ALG was told about the letter byBernard Maniragaba and Joseph Setiba, 119 and Jean Habyarimana. 120 They saw this letteron the morning of 8 April 1994. It was addressed to Robert Kajuga. 12197. Witness ALG indicated that Maniragaba had been the first to tell him aboutthe letter, sometime in late April or early May in the prefecture office. Witness ALG hadasked him who had authorized the roadblocks and Maniragaba had answered thatNgirumpatse had written a letter asking the Interahamwe to cooperate with soldiers. 12298. Witness ALG spoke to Jean Habyarimana in prison between 2000 and 2002.Habyarimana told Witness ALG he had learned of that letter from Interahamwe, but hadnot seen the letter. 12399. Setiba said that Kajuga had the letter in his hand on the forenoon of 8 April1994 when Kajuga came to Gitikinyoni. 124 Setiba gave Witness ALG this informationbetween 2001 and 2003 when they were in prison together. 125100. Witness ALG agreed with the assessment of UNAMIR on 14 April 1994 thatthe Interim government was unable to control the behavior of the soldiers, Interahamwe,or the population. 126101. On 19 April 1994, UNAMIR reported that the government is yet to be in fullcontrol of the situation. And in paragraph 3, they report that the RPF troops continue toinfiltrate into the city of Kigali, and that the troops carried out rescue operations in thearea of Nyamirambo overnight to extricate over a hundred of their sympathisers. 127Witness ALG confirmed that the government was not in control of the situation at that118 Transcript of 26 October 2006 @ 64119 Transcript of 26 October 2006 @ 65; Transcript of 31 October 2006 @ 33120 Transcript of 31 October 2006 @ 33121 Transcript of 31 October 2006 @ 34122 Transcript of 6 November 2006 @ 25123 Transcript of 6 November 2006 @ 26124 Transcript of 31 October 2006 @ 34125 Transcript of 6 November 2006 @ 25126 Transcript of 6 November 2006 @ 34; Exhibit DNZ-230127 Transcript of 6 November 2006 @ 57; Exhibit DNZ-233128 Transcript of 6 November 2006 @ 5722

102. Witness HH testified that on 8 April, Interahamwe leaders Kajuga,Maniragaba, Twahirwa, Aloys Ngirabatware came to his bar. Kajuga gave a paper toLieutenant Miruho who was in charge of the platoon in the area. The letter said that theInterahamwe should work with the soldiers to flush out the enemy. He did not read theletter, but saw that it was signed by Ngirumpatse. Kajuga said the letter was fromNgirumpatse. 129103. Georges Rutaganda was also present with the group that came to his bar onthe morning of 8 April. The majority of the National Committee of the Interahamwe wasthere. Witness HH believes that Ephrem Nkezabera was there as well. 130104. The group went to look at areas where roadblocks other than the one whichhad been set up by the gendarmes could be erected. Maniragaba and Kajuga instructedthat other roadblocks be set up. Witness HH was with Asumani at the time. 131 Fouradditional roadblocks were set up in his area. 132 Kajuga also instructed them to look forable-bodied men to undergo weapons training. 133 Kajuga was dressed in a military shirtand jeans. On that date, he told Witness HH that no one should wear the Interahamweuniform anymore. 134vi. Jean Bosco Twahirwa105. Witness Jean Bosco Twahirwa produced a letter for OTP purportedlyhandwritten by Mathieu Ngirumpatse dated 8 April instructing the Interahamwe to workalongside the Army and to maintain roadblocks. 135 He denied telling OTP that he hadtestified at the trial of Laurent Munyakazi in Kigali or that during the course of the trialthere had been testimony concerning connections between Ngirumpatse and roadblocksin Kigali during the genocide. 136 He never told OTP that a letter signed by Ngirumpatsehad been entered into evidence during Munyakazi’s trial. 137129 Transcript of 9 November 2006 @ 9130 Transcript of 20 November 2006 @ 13131 Transcript of 9 November 2006 @ 10; Transcript of 20 November 2006 @ 15132 Transcript of 9 November 2006 @ 12133 Transcript of 9 November 2006 @ 11134 Transcript of 9 November 2006 @ 37135 Exhibit DNG-50136 Transcript of 26 June 2007 @ 6-7137 Transcript of 26 June 2007 @ 823

esidence. 140 vii. Witness AWE106. Twahirwa claimed to have obtained the forged letters as follows: Whileattending the pronouncement of the judgement in Munyakazi’s trial, Twahirwa met ayoung man and asked him how he might obtain documents from the trial that provedMunyakazi was complicit with Ngirumpatse. The young man said he had copies of thosedocuments. Twahirwa said he would reward him if he could obtain copies of thosedocuments. 138 He later met up with the man, they went to an Intenet café and sent thedocuments to the OTP. 139 He knew the man as Eric Makizare, who lived in a houseowned by Ntanturo in Kanombe, not far from President Habyarimana’s former107. Witness AWE testified that during the night of 6 April, after the plane ofPresident Habyarimana was shot down, he heard shots all night. 141 The Interahamweerected roadblocks that night. 142 He noticed that roadblocks were erected by theInterahamwe in Gitega and Gakinjiro, both on the Nyamirambo road before 9 April. 143Witness AWE also observed corpses in front of George Rutaganda’s residence before 9April. 144 In his opinion, the Interahamwe would not have erected roadblocks unlessbeing instructed to do so by the MRND leaders, Ngirumpatse, Nzirorera, andKaremera. 145108. Witness AWE attended a meeting at the Kigali prefecture office on 9 April.Prefet Renzaho said the Inkotanyi had left the CND and were in the process of killing thelocal population and were trying to invade in the town. 146 Renzaho said they should erectroadblocks and that he would give them weapons to be distributed to members of thepopulation. 147 Renzaho told them that the decision to erect roadblocks had been taken inconjunction with Ngirumpatse, Nzirorera, and Karemera. 148138 Transcript of 26 June 2007 @ 9139 Transcript of 26 June 2007 @ 10140 Transcript of 26 June 2007 @ 19-20141 Transcript of 4 July 2007@25142 Transcript of 4 July 2007@24143 Transcript of 4 July 2007@24144 Transcript of 4 July 2007@25145 Transcript of 4 July 2007@25-26146 Transcript of 4 July 2007@26147 Transcript of 4 July 2007@27148 Transcript of 4 July 2007@2724

viii. documentary evidence109. Pursuant to Article 60 of the MRND statutes, the most an MRND nationalofficial could do, in disciplining an MRND member, would be to expel the member afterother disciplinary measures had failed to produce the desired affect. 149110. In a cable from Kofi Annan to the Secretary General, on 7 April 1994, it isreported that ―SRSG and FC inform that there is no authority in control at this moment inKigali.‖ 150111. On 9 April 1994, Kofi Annan reported to the Secretary General that theInterim Government did not appear to have any authority and that the RPF was refusingto negotiate with the Interim Government. 151112. On 10 April, the five political parties, including the MRND, issued acommuniqué which was broadcast on Radio Rwanda and RTLM calling for restoration ofsecurity regardless of a person’s ethnic origin, party membership, or region. They urgedthe authorities to put an end to the massacres and punish those who broke the law. 152113. In a radio interview on 10 April 1994, Mathieu Ngirumpatse said that nopolitical party had asked its members to engage in killings. He asked MRND members,especially the youth, to refrain from criminal activity and to help restore security. Hesaid that those who are attacking us are the Inkotanyi, not the ordinary citizen in hishouse on the hill. 153114. It was the assessment of UNAMIR on 14 April 1994 that the Interimgovernment was unable to control the behavior of the soldiers, Interahamwe, or thepopulation. 154115. On 18 April 1994, SRSG Booh Booh reported that there was currently avacuum in the political leadership of the country. And he noted that, "What is equallybaffling is the complete disappearance of the leaders of the political parties. And,presumably, they too have left the city or are in hiding the city.‖ 155149 Exhibit #DNG-2, Article 60150 Exhibit DNG-15 @ para. 6151 Exhibit DNZ-226152 Transcript of 18 October 2005@ 45; Exhibit #DNZ-21153 Exhibit #DNZ-22154 Exhibit DNZ-230155 Exhibit DNZ-23225

116. On 19 April 1994, UNAMIR reported that the government is yet to be in fullcontrol of the situation. And in paragraph 3, they report that the RPF troops continue toinfiltrate into the city of Kigali, and that the troops carried out rescue operations in thearea of Nyamirambo overnight to extricate over a hundred of their sympathisers. 156c. Defence evidence117. Karemera witness Jean Marie Vianney Ndagijimana testified that noMinister, the Prime Minister, and not even the President, could have put a stop to themassacres at that time. 157 Even Robert Kajuga, the President of the Interahamwe, couldnot control the Interahamwe from murdering members of his family. This is testimony tothe fact that many members of the government and members of the MRND werepowerless. 158 The MRND leaders had no ability to stop the massacres. 159118. Karemera Witness XQL, a member of the MRND prefectural committeefrom Ruhengeri, testified that the MRND did not have the same control over thoseyouths. 160 After the death of the President, there was a chaotic situation. All the aimlessyouth in the country gathered within the Interahamwe and the situation becameuncontrollable. 161119. Karemera Witness CWL, a national leader of the MDR party, testified thatthere was a lack of authority in the country after 6 April. If the government had themeans to assure security, the massacres never would have happened. 162120. Karemera witness Ildephonse Munyeshyaka, a former Ambassador andMDR party member, testified that during the events following the assassination ofPresident Habyarimana, there was chaos in the country and the authorities did not havethe power to control it. 163121. Karemera witness Jean Marie Vianney Nkezabera, an MDR party leaderin Kigali, testified that in 1993 and 1994, the Interahamwe started getting out of the156 Exhibit DNZ-233157 Transcript of 11 July 2008 @ 21158 Transcript of 11 July 2008 @ 26159 Transcript of 11 July 2008 @ 27160 Transcript of 5 May 2008 @ 24161 Transcript of 6 May 2008 @ 21162 Transcript of 7 May 2008 @ 27 (CS)163 Transcript of 7 May 2008 @ 6726

control of the MRND party leadership. 164 After 6 April 1994, the country becameuncontrollable. 165122. Joseph Nzirorera will testify that the MRND never ordered or instigated thekillings of Tutsi and political opponents. The accused did not have control over thoseInterahamwe who were at the roadblocks and that he did not attend any meetings withInterahamwe until10 April 1994, and that meeting was for the purpose of trying to stopthe killing.123. George Rutaganda will testify that he was never at Witness HH’s bar on 8April and knows nothing of any letter written by Mathieu Ngirumpatse. He will furthertestify that he was not touring roadblocks on 7-10 April 1994. He will further testify thatRobert Kajuga was not able to move from Uwigiro Village on 8 April 1994 and could nothave gone to Witness HH’s bar. Neither the national committee nor the MRND leaderswere in control of the Interahamwe at the roadblocks.124. Witness 31 will testify that he was an officer of the National Committee ofthe Interahamwe and that he never received or issued orders for Interahamwe to man theroadblocks. Neither the national committee nor the MRND leaders were in control of theInterahamwe at the roadblocks.125. Justin Mugenzi, Eliezer Niyitegeka, Augustin Ngirabtaware, and AndreNtagerura will testify that the MRND leaders were unable to exercise control over theInterahamwe after 6 April 1994.126. Witness 29 will testify that the MRND leaders were unable to exercisecontrol over the Interahamwe after 6 April 1994. He never heard about or saw a letterfrom Ngirumpatse to the Interahamwe in April 1994 and never told Witness ALG aboutsuch a letter.127. Tharcisse Renzaho will testify that the MRND leaders were unable toexercise control over the Interahamwe after 6 April 1994. He never told the conseillersthat the accused had been consulted concerning erection of the roadblocks.128. Paul Rusesabagina, who followed the events closely from theMiile CollinesHotel, will testify that the authorities did not have control over the Interahamwe.164 Transcript of 13 May 2008 @ 26165 Transcript of 13 May 2008 @ 2727

129. Seraphin Twahirwa will testify, if allowed, that he never heard about orsaw a letter from Ngirumpatse to the Interahamwe in April 1994. He was never atWitness HH’s bar on 8 April 1994.130. Jacques Roger Booh Booh will testify that it was his impression that therewas no authority in Kigali during the first days of the genocide capable of controllingthose who were killing at the roadblocks.131. Agnes Ntamabyaliro, Minister of Justice in the Interim Government, intestimony in the Bizimungu et al case admitted pursuant to Rule 92 bis, testified that theinterim government did what it could do stop the killing, but it was powerless. 166 Theinterim government took many forms of action to try and stop the killing but was unableto do so. 167132. Emmanuel Ndindabahizi, Minister of Finance in the Interim Government,whose testimony was admitted pursuant to Rule 92 bis, testified the Interim governmentasked the population and authorities to calm people down. The instructions were so thatpeople would be told that they were brothers and sisters and should not kill each other.The government needed a strong force to confront those attacking others. 168 The InterimGovernment had the political will but not the resources to stop the killing of civilians.The government was weak, it was chased from Kigali, Gitarama and Muramba and didnot receive cooperation from the RPF, UNAMIR or the international community so thegovernment was not capable of doing anything. It was a ghost of a government and wasincapable of protecting the population. 169c. Other information133. In the Bagosora et al case, the Trial Chamber found that eventually, civiliansinvolved in the killings in Rwanda from 7 April were commonly referred to asInterahamwe even if they were not specifically members of the MRND youth wing. 1704. Meetings at Hotel Diplomat with Interahamwea. Indictment166 Exhibit DNZ-512; Transcript of 28 August 2008 @ 27167 Exhibit DNZ-512; Transcript of 28 August 2008 @ 29168 Exhibit DNZ-513; Transcript of 2 May 2007 @ 23169 Exhibit DNZ-513; Transcript of 2 May 2007 @ 24170 Prosecutor v Bagosora et al, No. ICTR-98-41-T, Judgement (18 December 2008) at para. 45928

38. On or about 10 April 1994 Édouard KAREMERA, MathieuNGIRUMPATSE, and Joseph NZIRORERA convened a meeting withthe national leadership of the Interahamwe at the Hôtel des Diplomatesthat included participation from the recently appointed InterimGovernment ministers. Mathieu NGIRUMPATSE ordered andinstigated the Interahamwe leaders to control their men and to invoke theauthority of the Interim Government to organize the removal corpses fromthe streets. The campaign was deemed one of ―pacification‖, thoughessentially, and practically, it was a means of exerting control anddirection over Interahamwe militias so that the killings would be focusedon the most important targets first, the Tutsi intellectuals, and so that thekillings would proceed with greater discretion, and in fact was a means toaid and abet the killing.b. Prosecution evidencei. Witness G134. Witness G testified that on the morning of 10 April, [Bernard Maniragaba]came to the house of Witness T and said that the government wanted to task theInterahamwe with a mission through Nzirorera and wanted to see the members of theInterahamwe committee. 171Along with [Jean Pierre Sebanetsi] and [Joseph Serugendo],they went to the Hotel des Diplomat for the meeting with Nzirorera. 172[EugeneMbrushimana] also attended the meeting, but withdrew because he had other things todo. 173Mugenzi. 174135. When they arrived at the hotel, they met Nzirorera, Karemera, and JustinHotel Diplomat. 175He also saw Tutsi businessmen and families who had taken refuge in theNzirorera said that he had been given a mission by the government tosee ―his‖ Interahamwe and to ask them to stop the killings and to collect the dead bodieswhich were along the roads. 176He said the Ministry of Public Works would send lorriesthe next day to take the bodies to mass graves. This was necessary because the171 Transcript of 18 October 2005@ 28172 Transcript of 11 October 2005 @ 56173 Transcript of 11 October 2005 @ 57174 Transcript of 11 October 2005 @ 56175 Transcript of 18 October 2005@ 29176 Transcript of 18 October 2005@ 3029

international community was getting concerned and the dead bodies had to be gotten ridof. 177136. The international community had been already present in Kigali long before10 April through UNAMIR. The removal of the bodies may well have been for asanitary or health reason. 178137. The members of the Interahamwe accepted to go around to the secteurs andtell the people to stop the killing. They asked for a military escort and Nzirorera said thatthe soldiers who were his own bodyguards would accompany them on this mission. 179They thereupon went to various secteurs and told the people that the government hadasked them to stop the killings and bring the bodies to the roads for collection. 180 Peoplein general received the message well, but said they required firearms. 181 They were notasked to dismantle any roadblocks. 182138.At Bilyogo and Nyamirambo secteurs, [Bernard Maniragaba] told the peoplethat the government had given them the mission to stop the massacres and bring up thedead bodies. The people seemed to agree. 183 At Nyakabanda secteur, one of them spokeand the people accepted to stop the killing. At Kimisagara secteur, [BernardManiragaba] spoke and the people eventually agreed to stop the killings. At Gatsatasecteur [Ephrem Nkezabera] spoke and the people agreed to stop the killings. 184 Theymet Colonel Muberuka there, who said that the Army had not been able to stop thekillings. 185 At Muhima secteur [Jean Pierre Sebanetsi] spoke and the people agreed tostop the killings. Then they went to Gikondo where [Bernard Maniragaba] spoke andthe people accepted to stop the killings. 186139. They returned to the Hotel des Diplomat around 6 or 6:30 p.m. 187 Theyagain met with Nzirorera, Karemera, and Mugenzi. They reported that the mission had177 Transcript of 11 October 2005 @ 57178 Transcript of 18 October 2005@ 31179 Transcript of 11 October 2005 @ 57180 Transcript of 11 October 2005 @ 59181 Transcript of 11 October 2005 @ 59182 Transcript of 11 October 2005 @ 59-60183 Transcript of 18 October 2005@ 33184 Transcript of 18 October 2005@ 34185 Transcript of 18 October 2005@ 35186 Transcript of 18 October 2005@ 35187 Transcript of 11 October 2005 @ 5830

een successful and that the people had welcomed the request, but were asking forfirearms. 188 The people in the secteurs were asking for weapons so that they coulddefend themselves against the RPF. 189 They also said there were many dead bodies on thestreets. Karemera and Mugenzi expressed joy at the large number of deaths. There wasno reaction to the request for weapons. 190ii. Witness T140. Witness T testified that on 10 April, members of the national Interahamwecommittee were called to the Hotel Diplomat by Ngirumpatse, Nzirorera, Karemera, andMugenzi. They explained the absence of the other committee members. Ngirumpatseupbraided them for not being able to control their men and told them to do all they couldto stop the killing at the roadblocks. They said it was causing the Interim governmentproblems with the international community. The message was to do everything possibleto stop the massacres. 191 They told them that we should tell those who reject the messagethat the government will exercise its control and whoever disobeys the government’sinstructions will subject themselves to sanctions. 192141. Mugenzi complained that they were attacking women and children whileimportant Tutsi like Evariste Sisi had escaped to the Milles des Collines. 193 He asked #8to insure that the family of his sister was evacuated. 194142. From the way Ngirumpatse complained about the Interahamwe being out ofcontrol and killing Tutsi, it was consistent with the fact that the MRND leaders had notordered the Interahamwe to kill Tutsis. 195143. When [Bernard Maniragaba] came to Witness T’s house that morning, hesaid that the national committee of the MRND was seeking to meet the members of thenational Interahamwe committee. They were unable to reach the other members of the188 Transcript of 18 October 2005@ 36189 Transcript of 18 October 2005@ 37190 Transcript of 11 October 2005 @ 60; Transcript of 18 October 2005@ 37191 Transcript of 24 May 2006 @ 59; Transcript of 30 May 2006 @ 14192 Transcript of 30 May 2006 @ 14-15193 Transcript of 30 May 2006 @ 14194 Transcript of 30 May 2006 @ 15195 Transcript of 30 May 2006 @ 1631

with. 199 146. The pacification tour began on the morning of the next day, 11 April. Theycommittee, so [Nkezabera, Maniragaba, Serugendo, Sebanetsi, and Niyitegeka]proceeded to the Hotel Diplomat. 196144. They were told to take an armed escort and deliver this message aroundKigali. They were told to tell the people to make the corpses available for collection bypublic works trucks. Those members of the committee who attended this meeting were[Mbarushimana, Nkezabera, Maniragaba, Serugendo, Sebanetsi, and Niyitegeka]. 197145. The MRND instructed him to tell the Interahamwe to stop the killings, topick up the corpses to ensure public hygiene, and that checks would be made and peoplewho did not obey this order would be subject to sanctions. 198 Members of the Interimgovernment would come by in the future and make sure these instructions were compliedwent to Gitega, Bilyogo, Nyamirambo, Nyakabanda, Kimisagara, Gitikinyoni, Muhima,Nyabugogo, and Gatsata secteurs. 200 They faithfully delivered the message requested ofthem by the MRND leaders. 201 The reaction of the Interahamwe was one of surprise thatthe government wanted them to stop defending themselves against the RPF. Themembers of the committee explained that those who did not heed this message wouldhave to answer for it. Practically everywhere we went, they asked for weapons to defendthemselves. 202147. The people were asking for weapons to defend themselves against theRPF. 203 He personally found the requests to be legitimate and justified, althoughrecognized the possibility that the arms could be used for settling of scores or excesses. 204148. They encountered resistence from Rose Karushara in Kimasagara secteurand at Gitikinyoni secteur where Joseph Setiba was in charge. 205 They had to brandishthreats to bring him to reason. He does not know of any orders given by the Interahamwe196 Transcript of 30 May 2006 @ 12197 Transcript of 24 May 2006 @ 60; Transcript of 30 May 2006 @ 15198 Transcript of 30 May 2006 @ 16199 Transcript of 30 May 2006 @ 17200 Transcript of 24 May 2006 @ 60201 Transcript of 30 May 2006 @ 19202 Transcript of 24 May 2006 @ 61; Transcript of 30 May 2006 @ 19203 Transcript of 30 May 2006 @ 22204 Transcript of 30 May 2006 @ 23205 Transcript of 30 May 2006 @ 1932

committee to Setiba. 206 A Hutu man named Minega was killed at the Gitikinyoniroadblock. 207149. They encountered Colonel Muberuka of the Rwandan Army in Gatsatasecteur. He was trying to establish order and supported their pacification mission. 208150. In the afternoon of 11 April, between 1 and 2:30, the members of thecommittee reported back to Ngirumpatse, Nzirorera, and Karemera at the DiplomatHotel. They told us to carry on in the balance of the afternoon. 209 The committeereported that people were asking for arms. 210 They responded that the committee shouldtell the population that the government would consider their complaints and meet theirdemands. However, the RPF continued to increase the military pressure and the messagewas not getting through to the population. 211151. Beginning on 8 April, the government was constantly giving out the messageon the radio for people to stop the killing. 212 However, the RPF intensified its bombingsin the high density neighborhoods in Kigali on the 10 th and 11 th and a mass exodus ofpeople began. 213152. Despite these difficulties, (Maniragaba, Nkezabera, and Niyitegeka]continued the mission on the morning of 12 April. They were beginning to panic as theysaw the large number of people leaving Kigali. 214 They themselves began to be afraidgiven the intensity of the RPF attack and the fleeing of the population. 215 However, muchto their surprise, when they arrived at the Diplomat Hotel at around 2 p.m., they foundthat the Interim government had fled Kigali. 216 They felt betrayed. 217b. Defence evidence153. Edouard Karemera testified that on 10 April 1994, he was at the DiplomatHotel and saw that Ngirumpatse, Nzirorera, and Mugenzi were meeting with some206 Transcript of 30 May 2006 @ 20207 Transcript of 30 May 2006 @ 20208 Transcript of 30 May 2006 @ 21209 Transcript of 30 May 2006 @ 22210 Transcript of 30 May 2006 @ 22211 Transcript of 24 May 2006 @ 62212 Transcript of 30 May 2006 @ 26213 Transcript of 30 May 2006 @ 49214 Transcript of 30 May 2006 @ 49215 Transcript of 30 May 2006 @ 50216 Transcript of 24 May 2006 @ 64217 Transcript of 30 May 2006 @ 5033

leaders of the Interahamwe. However he was busy drafting a communiqué and did notparticipate in that meeting. 218154. Joseph Nzirorera will testify that he called a meeting with the leaders of thenational Interahamwe committee and urged them to go to the secteurs and try to stop thekilling.155. Witness 31 will testify that while at the Hotel Diplomat he ran into BernardManiragaba, Dieudonne Niyitigeka, Ephrem Nkezabera, and Jean Pierre Sebanesti. Theytold him that they had been given a mission to try to bring calm to the secteurs and theywere traveling around with a radio and military jeep on a pacification mission. The menhad no weapons, but the soldiers with them were armed. He was not aware of anymeetings concerning distribution of weapons to Interahamwe.156. Justin Mugenzi will testify that he attended a meeting between Ngirumpatseand Nzirorera and some members of the national Interahamwe committee. The MRNDleaders told the Interahamwe leaders to go to the secteurs and try to get the Interahamweto stop the killing. Mugenzi did not express any joy at the number of people killed.157. Emmanuel Ndindabahizi, Minister of Finance in the Interim Government,whose testimony in the Bizimungu et al case was admitted pursuant to Rule 92 bis,testified that at a meeting of the cabinet on 9 or 10 April, the authorities and the politicalparties were asked to do everything possible to stop the killings. The parties, not only theMRND, were asked to discipline their youth wings. 2195. Distribution of Weapons on 9-12 April 1994a. Indictment39. Even as they attempted to control the killings at roadblocks, MathieuNGIRUMPATSE and Joseph NZIRORERA made arrangements withThéoneste BAGOSORA to obtain firearms from the Ministry of Defenseand caused such weapons to be distributed to militiamen in Kigali,intending that they be used to attack and kill the Tutsi population.b. Prosecution evidencei. Witness T218 Transcript of 19 May 2009 @ 22219 Exhibit DNZ-513; Transcript of 2 May 2006 @ 1034

158. Witness T testified that the people were asking for weapons to defendthemselves against the RPF. 220 He personally found the requests to be legitimate andjustified, although recognized the possibility that the arms could be used for settling ofscores or excesses. 221159. Witness T testified that when they arrived at the Diplomat on 12 April, theyencountered Nzirorera, who said that he was leaving himself. The members of thecommittee explained to him that the people needed weapons and that their owncredibility would be in great danger if they were not provided. Nzirorera said he wouldsee what he could do and asked them to call him at 4 p.m. 222160. Witness T called Nzirorera at his house at about 3:30. 223 [BernardManiragaba] also called him. Nzirorera told them that he had submitted their problem toColonel Bagosora and that they should meet Bagosora at 6 p.m. at the Hotel Diplomat. 224161. Witness T testified that they met Bagosora who arranged for them to pick upweapons that evening from the presidential guard camp at the President’s residence inKiyovu. They received about 100 guns and ammunition. They distributed these weaponsat the same roadblocks the next day. 225 When the weapons were distributed, theyrecorded the identification of those who had received arms so that they would not be usedfor banditry after the war. 226162. Robert Kajuga joined them at the place where they picked up the weapons atabout 7:30 p.m. 227 The intention in distributing these weapons was not to exterminatethe Tutsi, but to fight the RPF. However, unfortunately, many Rwandan Tutsi werevictims. 228163. Witness T testified that he never heard anything about a distribution ofweapons outside of the Hotel Diplomat on 10 April to the Interahamwe, as claimed by220 Transcript of 30 May 2006 @ 22221 Transcript of 30 May 2006 @ 23222 Transcript of 24 May 2006 @ 65; Transcript of 30 May 2006 @ 51223 Transcript of 30 May 2006 @ 51224 Transcript of 24 May 2006 @ 65; Transcript of 30 May 2006 @ 51225 Transcript of 24 May 2006 @ 65226 Transcript of 31 May 2006 @ 2227 Transcript of 30 May 2006 @ 58228 Transcript of 31 May 2006 @ 235

with Bagosora. 230 iii. Witness UBWitnesses UB, ALG, and HH. Witness T was with Bernard Maniragaba from the timethey arrived at the Diplomat until the end of the day when he left him in Gitega. 229ii. Witness G164. Witness G testified that he was told by [Ephrem Nkezabera] that on 13 April,the Interahamwe were given weapons from Nzirorera, who had made an arrangement165. Witness UB testified that on 10 April he was told by his younger brother,who was an Interahamwe, that soldiers had distributed weapons to Interahamwe in frontof the Hotel Diplomat in the presence of the chief of the Interahamwe for Kigaliprefecture, and Bernard Maniragaba. The Minister of Youth addressed the Interahamweand said that the weapons were being distributed on the orders of Ngirumpatse andKaremera who had agreed with the general staff of the Army that the weapons bedistributed. 231 The Minister of Youth was Callixte Nzabonimana. 232 The guns issued tothe Interahamwe were used to kill Tutsi. 233166. He was told this at his brother at his house around 3 p.m. Only the two ofthem were present. His brother was an Interahamwe leader in the cellule. He had afirearm on this occasion, but had not had one previously. 234 His brother told him thatCallixte Nzabonimana had addressed the group and said that Ngirumpatse and Nzirorerahad other duties and could not be present, but had discussed the distribution of weaponswith members of the army and the decision had been taken to distribute weapons to theInterahamwe. 235 (However, in April 2004, he had told the Office of the Prosecutor thathis brother had said Ngirumpatse, Nzirorera, and Karemera were present when theweapons were distributed at the Diplomat Hotel.) 236229 Transcript of 30 May 2006 @ 18230 Transcript of 12 October 2005 @ 11; Transcript of 27 October 2005 @ 18231 Transcript of 27 February 2006@ 44232 Transcript of 27 February 2006@ 53233 Transcript of 27 February 2006@ 61234 Transcript of 6 March 2006@ 45235 Transcript of 6 March 2006@ 45-46236 Transcript of 6 March 2006@ 47; Exhibit #DNZ9736

167. He denied being present at the Diplomat Hotel when the weapons weredistributed. 237 However, in the Pre-Trial Brief, the prosecution alleged that he waspersonally present. 238168. His brother told him that Bernard Maniragaba and Georges Rutaganda hadbeen present at the Diplomat Hotel on 10 April when the weapons were distributed. 239He had no knowledge that members of the Interahamwe National Committee had gonearound to ask the people to stop killing, including in his secteur. No one informed him.Had that happened the killings would have stopped. 240iv. Witness ALG169. Witness ALG testified that he was told about a meeting which occurred onthe 10 th or 11 th of April 1994 at the Hotel Diplomat. He was told about this meeting bythe former Bourgmestre of Kacyiru, Pierre Claver Nyilinkwaya, the conseillers ofBilyogo and Nyarugenge secteurs, and some Interahamwe who attended that meetingincluding Bernard Maniragaba, Joseph Setiba, Jean Nepomuscene Bazimenyera, andconseiller Odette Nyirabagenzi. 241170. He does not know whether Bourgmestre Nyilinkwaya attended thatmeeting. 242 Karekezi was not in attendance at the meeting. 243 Gabriel Mbyaliyehe wasalso present with Karekezi and told him about the meeting. 244171. Joseph Setiba told him about this meeting in prison in the years 2000-2002.He had not attended the meeting either. 245172. Bernard Maniragaba told him of the meeting in May 1994, but he was in arush when they had the conversation. Maniragaba had attended the meeting chaired byNgirumpatse at the Diplomat Hotel on 10 April. 246237 Transcript of 6 March 2006@ 47238 Transcript of 6 March 2006@ 48; Pre-Trial brief @ paras. 89, 125239 Transcript of 6 March 2006@ 54240 Transcript of 6 March 2006@ 54241 Transcript of 27 October 2006 @ 4242 Transcript of 2 November 2006 @ 62243 Transcript of 2 November 2006 @ 64244 Transcript of 2 November 2006 @ 65245 Transcript of 2 November 2006 @ 66246 Transcript of 2 November 2006 @ 6737

173.Odette Nyirabagenzi told him about the meetings on 10 April 1994 at theDiplomat after a prefecture security council meeting in April 1994. Witness ALG couldnot recall whether she had attended the meetings. 247174. According to the information received by Witness ALG, Ngirumpatsechaired the meeting in the presence of Nzirorera. Ngirumpatse told the Interahamwe thatit was necessary to support the Army and that they should man roadblocks to preventInkotanyi infiltration and ensure security within Kigali. 248 This was the only meeting thathe is aware of that was convened and chaired by Ngirumpatse. 249175. Witness ALG never heard that there was a meeting at the Diplomat Hotel on10 April 1994 in which members of the Interahamwe committee were instructed byNgirumpatse and Nzirorera to go around to the roadblocks and tell the Interahamwe tostop the killing. 250176. Witness ALG was also told of another meeting involving Colonel Bagosora,Ministers, and other persons. 251 Setiba told him in 2000-2002 in prison that he hadattended a meeting on 10 or 11 April at the Diplomat Hotel chaired by Bagosora.Dallaire had been in attendance at the outset of the meeting. Callixte Nzabonimana andGaspard Gahigi were also present. Setiba also said that he had seen the three accused inthe vicinity of the Diplomat Hotel at the time of this meeting. 252177. Witness ALG was told by Setiba that after Dallaire left, weapons weredistributed to the Interahamwe from a military truck in the presence of Bagosora,Nzabonimana, and Gahigi. 253178. Witness ALG was told in prison by an Interahamwe leader named JeanNepomuscene Biziyaremye in 2001-2003 that he had attended the meeting chaired byBagosora in which weapons had been distributed to the Interahamwe. He said that thepurpose of that meeting chaired by Bagosora and attended by Dallaire was to discuss theevacuation of the children from the Gisimba orphanage. The evacuation was turned247 Transcript of 2 November 2006 @ 69-70248 Transcript of 27 October 2006 @ 5249 Transcript of 31 October 2006 @ 33250 Transcript of 2 November 2006 @ 62251 Transcript of 27 October 2006 @ 5252 Transcript of 2 November 2006 @ 66253 Transcript of 2 November 2006 @ 6738

left. 254 179. UNAMIR records indicate that a meeting was held between UNAMIR anddown by the Interahamwe. Weapons were distributed to the Interahamwe after Dallairethe Interahamwe to discuss the evacuation of the orphans from Gisimba on 16 and 17May 1994. 255180. When he was questioned by the Rwandan prosecutor on 14 December 1999,Witness ALG said he did not know who had distributed firearms. 256 He said that he wasnot ready to tell the entire truth at that time. 257181. In his handwritten explanation of his activities during the war, submitted toRwandan authorities on 21 February 2000, Witness ALG said that he did not know howthe people manning the roadblock had obtained weapons. 258 He claimed that he wasspeaking of his knowledge as of the time he left his home on 12 April 1994. 259 Whenshown another passage in the statement in which he had stated that ―that is what I knowor what I heard about the distribution of firearms in Nyarugenge commune‖, WitnessALG claimed that he had not recalled the information about weapons distribution at theDiplomat Hotel at that time. 260182. The first time Witness ALG mentioned this meeting to any authority wasafter he had been housed with Witness UB in Arusha in April and May 2004. 261v. Witness HH183. A few days after the meeting on the 8 th , he was told by his deputy, Gervais,that he had attended a meeting at the Diplomat Hotel with Nzirorera and had been askedto come back for a meeting the following day. 262 The meeting was of Interahamwepresidents and Nzirorera, Twahirwa, and Maniragaba were present. 263 At the meeting,they had been told that people should denounce the enemy wherever they were hiding254 Transcript of 2 November 2006 @ 68-69255 Exhibit DNZ-182256 Exhibit DNG-27257 Transcript of 6 November 2006 @ 16258 Exhibit DNG-29259 Transcript of 6 November 2006 @ 19-20260 Transcript of 6 November 2006 @ 20, 22261 Transcript of 7 November 2006@ 48262 Transcript of 9 November 2006 @ 13263 Transcript of 9 November 2006 @ 1439

and cooperate with the Rwandan Army. They were told that a larger meeting withDallaire and the power wings would be held the next day. 264184. However, on cross-examination, Witness HH claimed that he had not beentold by Gervais that Dallaire was to attend the meeting the next day. 265185. He attended a meeting at the Hotel Diplomat. Bagosora and Maniragabawere there, as well as Interahamwe Presidents. Dallaire’s Deputy chaired the meeting.The language of the meeting was French. We were told that it was necessary todismantle the roadblocks for the passage of the orphans at Gisimba. People said thatother orphanages should be evacuated as well. 266 UNAMIR’s request to evacuate theorphans from Gisimba was turned down. 267186. The Deputy of Dallaire who was in attendance was of Belgian nationality. 268187. Witness HH arrived at the Diplomat Hotel before midday. He was withAssumani and Ndayisenga, who was from his secteur. 269 He does not know anInterahamwe named Jean Berchmans Biziyaremye. 270 Among the Interahamwe leaderspresent at this meeting were Kajuga, Maniragaba, Nkezabera, Ruhumuliza, Rutaganda,and Andre Nzabanterura. 271188. The meeting took place in a meeting room on the ground floor of theDiplomat Hotel. Callixte Nzabonimana and Gahigi, an RTLM employee, werepresent. 272 Witness HH claimed to have seen Nzirorera standing with other cabinetmembers upstairs on the balcony. The meeting took place the day before the InterimGovernment left for Gitarama. 273189, At the meeting at the Diplomat Hotel, which was attended by officials fromthe other parties, it was agreed that the youth wings would follow the instructions ofInterahamwe leaders. 274264 Transcript of 9 November 2006 @ 14265 Transcript of 20 November 2006 @ 23266 Transcript of 9 November 2006 @ 13267 Transcript of 9 November 2006 @ 16268 Transcript of 20 November 2006 @ 26269 Transcript of 20 November 2006 @ 24270 Transcript of 20 November 2006 @ 25271 Transcript of 20 November 2006 @ 25-26272 Transcript of 9 November 2006 @ 14-15273 Transcript of 9 November 2006 @ 15274 Transcript of 9 November 2006 @ 3640

Tutsi. 279 194. Actually, Minani had told him that he had attended a meeting of conseillersthat. 280 195. Andre Nzabanterura also told him about the meeting at the Hotel Diplomat190. After UNAMIR representatives left, weapons were distributed outside thehotel. A truck arrived and soldiers handed the weapons to Robert Kajuga, whodistributed them to Interahamwe Presidents pursuant to a list which had been drawn upby Kajuga, Maniragaba, and Ngirabatware when they had gone around to the roadblockson 8 April. 275191. Witness HH denied saying to the investigator for OTP in November 2004that Bagosora had given Kajuga the list of people who were to receive weapons. 276192. Callixte Nzabonimana and Gahigi were closely monitoring the distributionand Maniragaba was going upstairs, where Witness HH believed that he was makingreports. 277 The Interahamwe Presidents were instructed to consult with the conseillers tosee how to distribute the guns to the various roadblocks in the secteurs. The distributionwas on the basis of roadblocks per secteur. 278vii. Witness AWD193. Witness AWD testified that he was told by Interahamwe and by conseillerZacharias Minani that around 10 or 11 April, Colonel Bagosora held a meeting at theHotel Diplomat in the company of MRND leaders and it was decided to have theconseillers distribute weapons to trusted young men so they could use them to kill theat the Kigali prefecture office and at that meeting it had been said that Colonel Bagosoraand senior leaders of the MRND had decided in a meeting at the Hotel Diplomat thatmembers of the public should be given firearms for purposes of protecting themselves.Corporal Mushi was present at the Presidential Guard camp when Minani told himwith Bagosora. 281b. Defence evidence275 Transcript of 9 November 2006 @ 16; Transcript of 14 November 2006 @ 6 (CS)276 Transcript of 20 November 2006 @ 29277 Transcript of 9 November 2006 @ 17278 Transcript of 9 November 2006 @ 17279 Transcript of 10 October 2007 @ 34-35280 Transcript of 12 November 2007 @ 22-23281 Transcript of 12 November 2007 @ 2341

196. Joseph Nzirorera will testify that he did not make arrangements forweapons to be distributed to the Interahamwe, as claimed by Witness T, and in fact hadalready left Kigali at the time Witness T claims to have called him on the telephone. Hewill also testify that will testify that he had no knowledge of or participation in thedistribution of weapons to Interahamwe at the Diplomat Hotel.197. Theoneste Bagosora will testify that he was not aware of nor did heparticipate in any distribution of weapons at the Diplomat Hotel. He will also testify thatNzirorera never made any arrangements with him for distribution of weapons toInterahamwe.198. Witness 31 will testify that he was present at the Diplomat Hotel in April1994, but was not aware of any meetings concerning distribution of weapons toInterahamwe.199. Georges Rutaganda and Seraphin Twahirwa will testify that they werenot aware of nor did they participate in any distribution of weapons at the DiplomatHotel.200. Dieudonne Ndayisenga, whose written statement was admitted pursuant toRule 92 bis, refuted the testimony of Witness HH that he accompanied Joseph Setiba to ameeting of the Interahamwe at the Hotel des Diplomat in Kigali around 10 or 11 April1994. In fact, he never went to the Hotel Diplomat in April 1994 and never accompaniedSetiba there. He had no knowledge whatsoever of any meeting of the Interahamwe beingheld at the Hotel des Diplomat on 10 or 11 April 1994. 282201. Paul Rusesabagina, the Manager of the Diplomat Hotel, will testify that hewas present during these days and would have been aware if such a distribution ofweapons had taken place. It didn’t.202. Colonel Ephrem Setako, Solange Ajakaneza, David Biramahire andWitnesses 44 and 45 will testify that Joseph Nzirorera left Kigali with them around 2p.m. on 12 April 1994 and therefore could not have made or received telephone calls withWitness T in the late afternoon to arrange for the distribution of weapons.282 Exhibit DNZ-61742

6. Killings in Kabezaa. Indictment63.2 On a date unknown between 7 – 12 April 1994 Joseph NZIRORERAprepared, aided and abetted or committed killings of Tutsis in Remera,Kigali-ville préfecture, by providing information about certain Tutsis thatwere in hiding to a leader of the Interahamwe militias and by providing avehicle, provisions, and instructions to the Interahamwe so that thosepersons could be forced out of hiding and killed. Among those killed wereAloys KAREKEZI, his wife, and son.b. Prosecution Evidencei. Witness AJY203. Witness AJY testified that after the death of the President, he was inNzirorera’s home near the German Embassy in Kiyovu. A person came from Kabezawith a list of Tutsi and handed it to Nzirorera. Other Interahamwes there read the list.Then, soldiers arrived. Nzirorera ordered him to take a Land Rover and transport thesoldiers. They went to Mount Kigali where they picked up between 12-15 boxes ofammunition. He took the boxes back to Nzirorera’s home. 283 He could not name any ofthe soldiers who accompanied him to Mount Kigali to obtain the ammunition. 284204. Witness AJY testified on cross examination that the Interahamwe with thelist from Kabeza came on the same day as he went to Kabeza, on not on the day that hewent to Mount Kigali. 285205. The next morning was a Sunday. 286 Nzirorera arrived at the propertybetween 9 and 10 a.m. 287Witness AJY was standing outside the window of Nzirorera’soffice and he overheard him call Robert Kajuga and say ―I need you.‖ 288Kajuga arriveda short time later, around 8 or 9 a.m., accompanied by several Interahamwe. WitnessAJY could not recall any of their names. 289283 Transcript of 12 November 2007 @ 68284 Transcript of 13 November 2007 @ 50285 Transcript of 13 November 2007 @ 50286 Transcript of 12 November 2007 @ 69287 Transcript of 13 November 2007 @ 51288 Transcript of 13 November 2007 @ 52289 Transcript of 14 November 2007 @ 5-643

a credible witness. 297 ii. Witness G206. Nzirorera gave Kajuga the list of Tutsi who had taken refuge in Kabeza.Nzirorera told Witness AJY to take the Diahatsu and go with Kajuga. 290207. The ammunition was loaded onto the vehicle and they drove throughNyabugogo picking up Interahamwe and distributing the ammunition to them. Kajugawas sitting in the front cabin with him. There were between 50-60 Interahamwe in thevehicle. When they got to Kabeza, they pulled people out of their houses and killed themin front of Witness AJY. He saw them kill Aloys Karekezi, his wife Nyirabagame andtheir child and left the bodies there. 291208. On the way back, one of the Interahamwes was shot and killed. They wentto Nzirorera’s home and he congratulated Witness AJY. Witness AJY told himeverything went well. 292209. At Nzirorera’s house, he met Justin Mugenzi’s driver named Kanyota.Casimir Bizimungu’s vehicle was also there. Bagosora was there. Kanyota told him thegovernment was going to move. He looked through the window and saw Bagosora,Bizimungu, and Mugenzi. 293210. Witness AJY claimed to have spent 7-8 hours with Robert Kajuga on thatday. However, the prosecution reported that he was shown a video containing Kajuga’simage and he failed to recognize him. 294 Witness AJY said this was a ―pure fabrication‖and that he saw Kajuga in the video, but told OTP he did not recognize anyone in thevideo because he was tired and they had not approached him at the proper time. 295211. However, in a statement in May 2001, Witness AJY claimed that around thisvery same day, 10 April 1994, he was at a roadblock in front of the Rubavubourgmestre’s house. 296212. In the Bikindi judgement, the Trial Chamber found that Witness AJY was not290 Transcript of 12 November 2007 @ 69291 Transcript of 12 November 2007 @70292 Transcript of 12 November 2007 @ 70293 Transcript of 12 November 2007 @ 72294 Transcript of 14 November 2007 @ 2; Exhibit #DNZ-378295 Transcript of 14 November 2007 @ 4296 Transcript of 13 November 2007 @ 31; Exhibit #DNZ-374297 Prosecutor v Bikindi, No. ICTR-01-72-T, Judgement and Sentence (2 December 2008) at paras. 160-6144

testimony. 299 iii. Witness T213. Witness G testified that Robert Kajuga was not among the members of theInterahamwe National Committee who were able to come to the Hotel Diplomat on 10April 1994 to meet with the MRND leaders and participate in the tour of secteurs to try tostop the killing. 298214. Mr. Nzirorera sought to elicit testimony from Witness G, which he had givenin the Setako trial, that Robert Kajuga was not in Kigali during the period 7-12 April1994. However, the Trial Chamber refused to allow Mr. Nzirorera to elicit this215. Witness T testified that Robert Kajuga was not among the members of theInterahamwe National Committee who were able to come to the Hotel Diplomat on 10April 1994 to meet with the MRND leaders and participate in the tour of secteurs to try tostop the killing. They had been unable to reach him. 300 They first saw him on theevening of 12 April. 301 c. Defence Evidence216. Joseph Nzirorera will testify that he did not have a house near the GermanEmbassy in 1994, never saw Robert Kajuga after 6 April 1994, had nothing to do withkillings in Kabeza, and that he never knew Witness AJY.217. Justin Mugenzi will testify that he was never at any house with JosephNzirorera in Kigali after 6 April 1994 and had no driver named Kanyota.218. Casimir Bizimungu and Colonel Theoneste Bagosora will testify that theywere never at any house with Joseph Nzirorera in Kigali after 6 April 1994.219. Georges Rutaganda will testify that Robert Kajuga was in hiding prior to 12April 1994 and could not have come to Kiyovu between 6 and 12 April as claimed byWitness AJY.298 Transcript of 11 October 2005 @ 56, 57299 Decision on Joseph Nzirorera’s Motion to Modify Conditions of Recall of Prosecution Witness G (5November 2009); Oral Decision on Joseph Nzirorera’s Motion to Vary Witness List to Add Witness G(Transcript of 9 November 2009@ 1-2)300 Transcript of 24 May 2006 @ 60301 Transcript of 30 May 2006 @ 5845

220. Aloys Zirarushya, the father of Witness AJY, will testify, if allowed, thathis son was in Gisenyi and not Kigali during the days following the assassination ofPresident Habyarimana, and that his son never told him that he worked for JosephNzirorera.221. Innocent Twagiramungu was present during the events in Kabeza in earlyApril 1994, including the killing of Aloys Karekezi and his family, and will testify thatRobert Kajuga was not in the area during those events.222. Colonel Ephrem Setako, Solange Ajakaneza, Flora Kalisa, and AuroraUwase will testify that Nzirorera stayed at the Setako residence after 6 April 1994 andthat Nzirorera did not have a house near the German Embassy.7. Meeting of Prefets on 11 April 1994a. Indictment40. On or about 11 April 1994 Édouard KAREMERA, MathieuNGIRUMPATSE, and Joseph NZIRORERA participated in a meetingat the Hôtel des Diplomates in Kigali attended by members of the InterimGovernment and most préfets. The purpose of the meeting was tomobilize the territorial administration. During this meeting, the préfets inattendance made reports on the ―security‖ situation in their respectiveregions. Butare and Gitarama préfectures were labeled inactive becausethe killings of Tutsi had not begun on a massive scale.b. Prosecution Evidencei. Witness Fidele Uwizeye223. Witness Fidele Uwizeye testified that on 11 April, he attended a meeting ofprefets at the Hotel Diplomat in Kigali. 302There were about 30 Ministers and Prefets inattendance as well as President Sindukubabwo. He does not recall political party leadersbeing present. 303224. On 11 April, after a meeting with prefets, Prime Minister Kambandaannounced that prosecutors had been requested to resume their work and punish thoseresponsible for troubles and disorder. Prefets, bourgmestres, and heads of departmentshad been urged to call meetings to calm the population. The population should be302 Transcript of 19 July 2007 @ 18303 Transcript of 19 July 2007 @ 2746

instructed that the attack by the RPF is not an excuse to incite one another. No one ethnicgroup should exclude the other from the country. 304225. Kambanda asked the prefets to ensure that the people avoided ethnicsegregation, assisted their neighbors, and only roadblocks authorized by the prefet shouldbe set up. 305226. At the meeting, the Ministers were introduced and the prefets spoke of thesituation in their prefectures. The Prime Minister then read from a prepared speech inwhich he told them the program of the Interim Government. Prime Minister Kambandanoted that the prefet of Butare was absent with no good reason and that he would paydearly for that. There were no questions and the meeting ended quickly because shellswere falling nearby. 306c. Defence evidence227. Joseph Nzirorera will testify that he did not attend the meeting of Prefets on11 April 1994.228. Justin Mugenzi, Augustin Ngirabatware, and Eliezer Niyitegeka willtestify that Kambanda never said that the Prefet of Butare would pay dearly for beingabsent nor was it said that the prefectures of Butare and Gitarama were labeled inactive.229. Emmanuel Ndindabahizi, Minister of Finance in the Interim Government,whose prior testimony in the Bizimungu et al case was admitted pursuant to Rule 92 bis,testified that at the meeting of Prefets on 11 April, the prime minister spoke about theobjectives of the government to the préfets. It was said that the government had 3objectives: to restore security to the country, negotiations with the RPF for the formationof the government and to address the problems of famine. 307230. The speech also requested that the ministry of justice and the prosecutorsstart functioning so that those responsible for disturbances could be punished and securitycould be restored to Kigali. 308 The speech also asked the préfets to remind the people thatRwanda belonged to all of them and not to take divisions between the 3 ethnic groups. 309304 Transcript of 26 July 2007 @ 25-26, 29; Exhibit #DNZ-23305 Transcript of 26 July 2007 @ 26,29; Exhibit DNZ-23306 Transcript of 19 July 2007 @ 28307 Exhibit DNZ-513; Transcript of 30 April 2007 @ 38308 Exhibit DNZ-513; Transcript of 30 April 2007 @ 55309 Exhibit DNZ-513; Transcript of 30 April 2007 @ 5847

The prime minister wanted to ensure that because the attacks were coming from the RPFwhich was mostly Tutsi, the population did not use that as an excuse to attack Tutsis.Some people were seeking revenge against the enemy, the RPF, but the prime ministerwas trying to caution against abuse. 310231. In this speech, the prime minister also asked everyone to come to eachother’s mutual assistance. To help their wounded neighbors irrespective of ethnicity andto rebuild the burned down houses. This speech was keeping with the governmentobjectives of restoring peace and security inside the country. 311 At this meeting, the primeminister never encouraged a program of revenge for the president’s death. Also at thismeeting, préfet Renzaho never talked of a program of civil defence to kill accomplices orRPF Tutsis. 312 The government was asking the population and authorities to calm peopledown. The instructions were so that people would be told that they were brothers andsisters and should not kill each other. 313232. This is consistent with the reporting of the speech over Radio Rwanda. On11 April, after a meeting with prefets, Prime Minister Kambanda announced thatprosecutors had been requested to resume their work and punish those responsible fortroubles and disorder. 314Prefets, bourgmestres, and heads of departments had been urgedto call meetings to calm the population. The population should be instructed that theattack by the RPF is not an excuse to incite one another. No one ethnic group shouldexclude the other from the country. 3158. 19 April 1994 Speech of Sindikubwabo in Butarea. Indictment48. On or about 19 April 1994, Interim President SINDIKUBWABOaddressed a public rally in Butare préfecture and encouraged those that didnot adopt the government program to ―step aside‖. Thereafter, killings ofTutsi civilians started or accelerated in Butare. The rally was also theoccasion on which the Interim Government publicly deposed the only310 Exhibit DNZ-513; Transcript of 30 April 2007 @ 59311 Exhibit DNZ-513; Transcript of 30 April 2007 @ 60312 Exhibit DNZ-513; Transcript of 30 April 2007 @ 68313 Exhibit DNZ-513; Transcript of 2 May 2007 @ 23314 Exhibit #DNZ-23315 Exhibit #DNZ-2348

Tutsi préfet in Rwanda, Jean-Baptiste HABYALIMANA of Butare, amember of the Parti Libéral, and replaced him by Sylvain NSABIMANA.b. Prosecution evidencei. Ahmed Mbonyunkiza233. Mbonyunkiza testified that he heard the 19 April 1994 speech of PresidentSindikubwabo in Butare over the radio. 316to kill Tutsis. 317President Sindikubwabo incited the populationThe text of President Sindikubwabo speech, as broadcast over RadioRwanda, was admitted into evidence. 318ii.Witness G234. Witness G testified that after the speech of President Sindikubwabo at theswearing-in of Prefet Sylvain Nsabimana on 19 April 1994, the killings began inButare. 319 He did not see any of the accused at that swearing-in. 320235. He was aware that President Sindikubwabo was interviewed in Bukavu inlate 1994 and said that he did not use the word ―work‖ to mean people should kill, butthat they should resume their normal activities. 321236. On 19 April 1994, at the same meeting in Butare, Prime Minister Kambandamade a speech in which he said that they had asked the political party leaders to try tostop the killing by their members. The political party leaders responded. He again askedthe population to avoid violence based on ethnic factors. He called upon thebourgmestres to make sure the population does not turn against one another and bear inmind that we are fighting against the RPF. 322kill Tutsis when he spoke in Butare on 19 April. 323He was not encouraging the population to237. Witness G testified that on his second trip to Kigali, he met CasimirBizimungu at the bar near the house of [Bernard Maniragaba]. Bizimungu asked whathad been going on in Butare and he told him of the killings there. Bizimungu said thatthe government had decided to send a high level delegation to Butare (President and316 Transcript of 23 September 2005 @ 3317 Transcript of 23 September 2005 @ 6318 Exhibit #P15319 Transcript of 12 October 2005 @ 8320 Transcript of 28 October 2005 @ 19321 Transcript of 19 October 2005@ 26; Exhibit #DNZ-30322 Transcript of 19 October 2005@ 28; Exhibit #DNZ-31323 Transcript of 19 October 2005@ 2849

Prime Minister) so Butare would not be spared. He was satisfied that the killings hadoccurred there. 324 He told the Interahamwe that the government appreciated what theywere doing and asked them to carry on. 325 This was during the first fortnight in May. 326iii. Witness UB238. On 19 April, President Sindikubwabo made a speech in Butare which heheard over the radio. The speech invited the people to continue the killing. 327 He did nothear any of the speeches of President Sindikubwabo in which he urged the population tostop the killing. 328 He also did not hear the MRND communiqués asking that the killingbe stopped. 329239. When President Sindikubwabo returned to Butare on the 24th of April, atGisagara sous-prefecture, he told the population that nobody should aggress hisneighbour, that everybody was responsible for the peace of his neighbour, and that thosewho don't should be brought to the authorities, and that unknown roadblocks were notaccepted and were for criminals. 330240. On 27 April, President Sindikubwabo again returned to Butare and chaired ameeting of the prefectural security council. He said that he had returned to see if theinstructions he had given earlier had been understood. He said that he had receivedreports and seen, himself, when travelling the road between Gitarama and Butare, thatsecurity was not yet restored in the area; and want to know why; was it perhaps thepopulation had misunderstood his directives. He announced that the security council ofButare had decided that from today anyone caught killing or looting should beimmediately arrested and brought before the relevant authority and dealt withaccordingly, and that the prosecutor was asked to resume tomorrow and file processes sothat all criminals could be punished quickly. 331241. On 17 May in Cyangugu, President Sindikubwabo made a speech in whichhe condemned some people in some communes who are still committing acts that aim to324 Transcript of 12 October 2005 @ 16325 Transcript of 13 October 2005 @ 7326 Transcript of 12 October 2005 @ 8327 Transcript of 28 February 2006@ 27-28328 Transcript of 7 March 2006@ 23329 Transcript of 7 March 2006@ 24330 Transcript of 7 March 2006@ 32-33; Exhibit #DNZ79331 Transcript of 7 March 2006@ 36-37; Exhibit #DNZ8050

eak the law and government regulations. The President asked all the préfets of all thepréfectures of Rwanda to report to him on the security situation in their respectivepréfectures. He stated that people who break the law will be punished according to thelaw. President Sindikubwabo recalled to the people who took part in the Cyangugumeeting that the enemy of Rwanda was the RPF-Inkotanyi. 332iv. Witness ALG242. Witness ALG testified that he heard excerpts of President Sindikubwabo’sspeech in Butare on 19 April 1994 on the radio. He understood that Sindikubwabo wascalling upon the people to kill Tutsi. 333 However, he acknowledged that he might havealso heard the speech of Prime Minister Kambanda at the same ceremony in which hesaid that the government had asked the political party leaders to stop the killing by theirmembers, and the political party leaders had responded, he again asked the population toavoid violence based on ethnic factors, and he called upon the bourgmestres to make surethat the population does not turn against one another and to bear in mind that it's the RPFthat we are fighting against. 334243. Witness ALG claimed he did not hear the speech of President Sindikubwabowhen he returned to Butare on 24 April 1994 at Gisagara sous prefecture 335or on 27 April 1994 when he returned to Butare for a security council meeting. 336v. Witness GOB244. On 19 April 1994 in Butare, President Sindikubwabo and Prime MinisterKambanda called upon the population to exterminate the Tutsis. Therefore, he concludedthat Sindikubwabo and Kambanda’s appointments were designed to get the population ofButare to kill the Tutsis. 337c. Defence Evidence245. Joseph Nzirorera will testify that he did not attend the ceremony in Butareon 19 April 1994 and had no advance notice or influence on the speech of PresidentSindikubwabo.332 Transcript of 7 March 2006@ 39; Exhibit #DNZ81333 Transcript of 27 October 2006 @ 11334 Transcript of 6 November 2006 @ 63; Exhibit DNZ-31335 Transcript of 6 November 2006 @ 63; Exhibit DNZ-79336 Transcript of 6 November 2006 @ 63-64; Exhibit DNZ-80337 Transcript of 23 October 2007 @ 351

246. Justin Mugenzi, Eliezer Niyitegeka, and Pauline Nyiramasuhuko willtestify they were present during the President’s speech and did not understand him to becalling for the population to attack the Tutsis.247. Agnes Ntamabyaliro, Minister of Justice in the Interim Government, whosetestimony in the Bizimungu et al case was admitted pursuant to Rule 92 bis, testified thathe purpose of Sindikuwabo’s statement about everyone being his brother’s keeper was tomobilize the people of Rwanda to respect each other’s rights and be guardian angels foreach other. The purpose of Sindikuwabo’s speech was not to whip up ethnic hatred,rather it was asking people to respect each other’s rights and restore peace in thecountry. 338 When he said ―fighting the enemy on the front,‖ he meant that if anyonewanted to fight an enemy, he should go to the war front and fight along with thesoldiers. 339 He was discouraging people from attacking their neighbors. 340248. In President Sindkibuwabo’s 19 April speech in Butare, when he used theword ―Nyirantibindeba‖ there was no ethnic meaning to the word. In his speech he wasnot referring to a particular préfet but was making a more general statement. 341 His useof the word ―Nyirantibindeba‖ was not a reference to Tutsis. 342 When he said ―getting ridof them‖ he meant disciplining those government workers who do not want to carry outthe duties assigned to them. 343 He did not mean killing Tutsis. 344 When he used the word―gukora,‖ referring to work, he was not talking about killing Tutsis. 345 The words―Kwiga imbunda,‖ mean someone tried to use guns and have no ethnic meaning. 346Sindikuwabo could have used specific words if he had wanted to refer to Tutsis. 347 Theword ―mugenzi,‖ as used in the 19 May speech, did not have an ethnic meaning. 348 The338 Exhibit DNZ-512; Transcript of 22 August 2008 @ 21339 Exhibit DNZ-512; Transcript of 22 August 2008 @ 21340 Exhibit DNZ-512; Transcript of 22 August 2008 @ 22341 Exhibit DNZ-512; Transcript of 22 August 2008 @ 31342 Exhibit DNZ-512; Transcript of 22 August 2008 @ 31-32343 Exhibit DNZ-512; Transcript of 22 August 2008 @ 32344 Exhibit DNZ-512; Transcript of 22 August 2008 @ 33345 Exhibit DNZ-512; Transcript of 22 August 2008 @ 34346 Exhibit DNZ-512; Transcript of 22 August 2008 @ 34-35347 Exhibit DNZ-512; Transcript of 22 August 2008 @ 36348 Exhibit DNZ-512; Transcript of 22 August 2008 @ 3652

meaning of his Butare speech was the same as his Kibuye speech. 349in the speech referring to killing people or ethnic groups. 350There was nothing249. Emmanuel Ndindabahizi, Minister of Finance in the Interim Government,whose testimony in the Bizimungu et al case was admitted pursuant to Rule 92 bis,testified that On 19 April 1994, the President of Rwanda went to Butare and gave aspeech there. He did not hear the president’s speech. 351 It was rumored that this speechwas the cause of the massacres in Butare because after this speech Butare was set on fireand a blood bath. When he was in exile in Bukavu (September or October 1994), hetalked with Sindikubwabo who said the speech was misinterpreted. 352 The president saidhe asked the inhabitants of Butare to help one another but that people said the presidentcalled on them to kill each other. The president said he was saying the same thing. 353 Thepresident said those who misinterpreted his speech has the opinion the massacres weretriggered by his speech but the massacres had started even before the speech. 354250. Casimir Bizimungu will testify that he never met Witness G inManiragaba’s bar and never made the statements attributed to him.9. 27 April 1994 Instructions to Prefets from Prime Ministera. Indictment51. On 27 April 1994 the conseils des ministres again addressed the ―civildefense‖. By letter of the same date Prime Minister Jean KAMBANDAissued ―Instructions to restore security in the country‖, also addressed toAll Préfets, reiterating the Interim Government policy of making allcitizens responsible for ―unmasking the enemy and its accomplices‖ andordered or authorized the setting up of roadblocks, knowing that theroadblocks were being used to identify the Tutsi and their ―accomplices‖for the purpose of killing them. The conseil des ministres convenedagain on 29 and 30 April.b. Prosecution evidencei. Witness ALG349 Exhibit DNZ-512; Transcript of 22 August 2008 @ 37350 Exhibit DNZ-512; Transcript of 22 August 2008 @ 37351 Exhibit DNZ-513; Transcript of 3 May 2007 @ 18352 Exhibit DNZ-513; Transcript of 3 May 2007 @ 19353 Exhibit DNZ-513; Transcript of 3 May 2007 @ 20354 Exhibit DNZ-513; Transcript of 3 May 2007 @ 2153

251. On 27 April 1994, the Prime Minister issued instructions to all prefets onrestoring security in the country. The authorities were requested to organise securitymeetings in which concrete measures should be taken to deal with the security problemsin those préfectures., and to call on the assistance of representatives of the politicalparties, the religious denominations, and the representatives of the central administrationof the country and the national army in order to help reinforce security. 355252. The Prime Minister went on to state that ―the enemy who attacked Rwanda iswell known. It is the RPF Inkotanyi. You are, therefore, requested to explain to thepeople that they must avoid anything that would bring about violence among them on thepretext of ethnic groups, regions, denominations, political parties, hatred, et cetera,because violence within the population constitutes a breach for the enemy. Nevertheless,the population must remain watchful in order to unmask the enemy and his accomplicesand hand them over to the authorities and to get the national army to assist them wherethe authorities are incapable of doing that.‖ 356253. The Prime Minister’s instructions also included, ―The authorities wererequested, with the assistance of the army, when possible, to identify places whereofficially recognised roadblocks should be set up and to set up a system in which roundswould continue to be done in order to prevent the enemy from infiltrating and that thosewho were on the roadblocks and those who were doing those rounds shall not commitacts of violence against innocent population.‖ 357254. In the letter, Prime Minister Kambanda indicated that all acts of violence,looting, and all criminal acts have to stop immediately, and that is why the national army,the public prosecution, and other judicial authorities have to punish severely any personwho will be found guilty of those acts. 358255. Prime Minister Kambanda, in the letter, used the word ―gukora‖ to requestthat the population resume their work. Witness ALG acknowledged that the word, in thiscontext, did not mean to kill, but to go back to their normal occupations. 359c. Defence evidence355 Transcript of 7 November 2006 @ 10; Exhibit DNZ-183356 Transcript of 7 November 2006 @ 11; Exhibit DNZ-183357 Transcript of 7 November 2006 @ 12; Exhibit DNZ-183358 Transcript of 7 November 2006 @ 12; Exhibit DNZ-183359 Transcript of 7 November 2006 @ 14; Exhibit DNZ-18354

256. Joseph Nzirorera will testify that he had nothing to do with the PrimeMinister’s instructions to the prefets and was unaware of them until they were publicizedin the media.257. Justin Mugenzi, Andre Ntagerura, Casimir Bizimungu, EliezerNiyitegeka, Augustin Ngirabatware, and Pauline Nyiramasuhuko will testify that theinstructions to the prefets were discussed at cabinet meetings and that they were intendedto help end the massacres, not promote them.10. Meeting in late April at Kigali Prefecture Officea. Indictment32.3 On or about 30 April 1994 at a meeting of the conseil de sécurité at theKigali-ville préfecture office, Joseph NZIRORERA publicly thanked theInterahamwe of Kigali for the good work that they were doing and offeredthem money for the purchase of beer. Tharcisse RENZAHO and LaurentSEMANZA, among others, also participated in the meeting. Allparticipants were aware that Interahamwe in Kigali were systematicallykilling Tutsi residents at roadblocks and in neighborhood patrols. When aparticipant at the meeting asked for an explanation of who the enemy was,Joseph NZIRORERA responded that ―a Hutu who joined the RPF is ourfool, while a Tutsi who joined the MRND is now the enemy of thecountry‖, concluding that ―a Tutsi is the enemy of Rwanda.‖ Suchremarks were intended to, and had the consequence of, inciting attacksupon all Tutsi.b. Prosecution evidencei. Witness UB258. Witness UB testified that between the 28 th and 30 th of April, Nzirorerachaired a meeting at which the Interahamwe from Kigali prefecture were invited. 360meeting occurred on the same day as the attack at the Anglican church in his secteur. 361Witness UB attended, as did about 40 people, mostly Interahamwes. 362TheThe meeting washeld in the morning. Nzirorera congratulated the Interahamwe for fighting the enemy. 363259. At the Ndindiliyimana trial, Witness UB testified that there had been ameeting at the prefecture on the day of the attack at the Anglican church but that he had360 Transcript of 28 February 2006@ 25361 Transcript of 7 March 2006@ 50362 Exhibit #DNZ86363 Transcript of 28 February 2006@ 29; Transcript of 8 March 2006@ 1655

een unable to attend. 364 When confronted with this testimony, Witness UB claimed thathe only spent 15-30 minutes at this meeting and left that place at 9:30. 365260. On another day in the Ndindiliyimana trial, Witness UB recounted hisactivities on the day of the attack of the Anglican church, indicating that he had spokenwith the prefet and reported the matter to him. He made no mention of attending ameeting with Nziorera on that day. 366261. During his first statement made to the Office of the Prosecutor on 28November 1997, he said that ―"On 30 April 1994, at around 8 o'clock a.m., the Anglicanpastor for my secteur telephoned my home and informed me that the soldiers and theInterahamwe had entered his church by force, looking for Tutsis among the refugees, nodoubt to kill them. I personally went to see the préfet at 9 o'clock a.m. to report to himwhat was going on at the Anglican church. The préfet said he was going to call thegeneral headquarters and have the soldiers dispatched to provide security for therefugees. I returned home at 11 o'clock a.m." He made no mention of seeing Nzirorerathat day. 367262. Mr. Nzirorera filed a notice of alibi on 12 July 2005 in which he stated thaton 30 April 1994, he was in Mukingo commune and listed six witnesses who wouldsupport his alibi. 368 Despite his insistence in his statement to the OTP in 1997 that themeeting took place on 30 April 1994, when he testified after the filing of the alibi notice,Witness UB claimed that he could not recall the date upon which the meeting took place,but only that it was at the end of April. 369263. Witness UB claimed not to have been invited to the meeting, but that it was ameeting of the prefectural security committee which included all conseillers. 370 When hearrived at the prefecture office, the meeting was already underway. The prefet was364 Transcript of 7 March 2006@ 52; Exhibit #DNZ84365 Transcript of 7 March 2006@ 57366 Transcript of 7 March 2006@ 59-60; Exhibit #DNZ85367 Transcript of 7 March 2006@ 62; Exhibit #DNZ96368 Joseph Nzirorera’s Notice of Alibi (12 July 2005) at para. 2369 Transcript of 28 February 2006@ 25370 Transcript of 7 March 2006@ 62-6356

speaking about security. 371 Prefet Renzaho introduced Nzirorera and remained in themeeting for as long as Witness UB was there. 372264. It was not unusual for a political party to be given permission to hold ameeting at the prefecture office. The MDR had also done it when the welcomedKambanda. 373265. Witness UB asked Nzirorera a question whether it is the Tutsi who is amember of the MRND or the Hutu who is working with the RPF, which of the two isRwanda's enemy? Nzirorera said, "The Tutsi in the MRND remains a Tutsi, whereas theHutu serving the RPF is an imbecile." 374 This was the same question Witness UB hadasked Prefet Renzaho at the security council meeting of 16 April and Nzirorera gave himthe same answer. Witness UB was not happy with the answer so he left the meetingbefore it ended. 375266. Witness UB claimed that Nzirorera gave 100,000 RWF to the Interahamweto celebrate and purchase drinks. 376 He gave the money to Suedi Ndayitabi. Nzirorerasaid the Interahamwe could requisition vehicles from MAGERWA. 377267. Witness UB claimed that he had discussed the matter of the attack at theAnglican church with the prefet over the telephone so he did not discuss it with him inperson at the prefecture office. 378 However, when confronted with his statements to theOffice of the Prosecutor and testimony at the Ndindiliyimana trial that he discussed thematter with the prefet at the prefecture office, he claimed that he had discussed the matterat the prefecture office with the prefet. However, he could not explain how he had doneso given that he arrived after the meeting was in progress, left before it concluded, andthe prefet had remained in the meeting during the entire time. 379268. Witness UB claimed that although he was aware of the problem of theInterahamwe threatening the people at the Anglican church in his secteur on that371 Transcript of 8 March 2006@ 15372 Transcript of 8 March 2006@ 16373 Transcript of 7 March 2006@ 51374 Transcript of 8 March 2006@ 17375 Transcript of 8 March 2006@ 17376 Transcript of 28 February 2006@ 29-30; Transcript of 8 March 2006@ 17377 Transcript of 28 February 2006@ 30378 Transcript of 8 March 2006@ 18379 Transcript of 8 March 2006@ 1957

morning, when he found himself in a meeting with the prefet, military officials,Interahamwe, and others, instead of raising the problem, he asked the same question ofNzirorera that he had asked of Renzaho two weeks earlier—who was the enemy. 380ii. Witness ALG269. Witness ALG testified that on 28 April 1994, Nzirorera came to the Kigaliville prefecture office and chaired a meeting of Interahamwe leaders at a national level.To show his support and thank them for having provided efficient support for the Armyat the front, he gave Sued Ndayitabi 100,000 RWF. 381270. Witness ALG placed the meeting a few days before the 30 April 1994meeting he attended at which an official had been replaced. 382 He had not been invited tothe meeting. There were many attendees, including the conseillers. 383 The meeting beganaround 9 a.m. and was held in the corridor of the prefecture office. The Prefet opened themeeting. 384271. Prefet Renzaho said that he particularly requested from MRND officials thatthey play a part in restoring peace within the town, and also in combating the enemy sothat they would attend victory. 385 Nzirorera thanked the authorities of Kigali-villepréfecture for the efforts they have been making towards fighting the enemy. He thankedthe Interahamwe for their conduct, be it at the roadblocks or in the frontlines. He saidthey had the backing of the MRND. And that if ever they needed any assistance, thenthey were to seek the assistance of the soldiers with whom they were working together orthe préfet. 386272. Witness ALG left the meeting after Nzirorera spoke. 387273. Among those in attendance were the Prefet, Nzirorera and Laurent Semanza.He did not recall if General Kabiligi was there. 388 Sued Ndayitabi, Pecos Ngerageze 389 ,380 Transcript of 8 March 2006@ 20381 Transcript of 26 October 2006 @ 58382 Transcript of 7 November 2006 @ 15383 Transcript of 7 November 2006 @ 17384 Transcript of 7 November 2006 @ 18385 Transcript of 7 November 2006 @ 24386 Transcript of 7 November 2006 @ 25387 Transcript of 7 November 2006 @ 25388 Transcript of 7 November 2006 @ 18-19; Exhibit DNZ-184389 Transcript of 7 November 2006 @ 20; Exhibit DNZ-18558

Hadji Gitosa, Bernard Maniragaba, 390 were present from the Interahamwe. Jean BaptisteButera, Euphrasie Kamatamu, and Rose Karushara were also present from theprefecture. 391 Major Bivamvagara and Major Nyanuhimba also attended. 392274. Witness ALG attended this meeting, but had to leave the meeting roombefore the money was handed over. Some of the conseillers of Nyarugenge communetold him about the handing over of the money when he came back to the prefectureoffice. He does not recall their names. They were happy and said that Nzirorera was atrue man. 393 The conseillers who gave him that information were Gabriel Mbyaliyeheand Amri Karekezi. 394275. Witness ALG was also told after the meeting that during the meeting theInterahamwe had been complaining about not having enough weapons, and the Prefet andNzirorera said they would do their best to find rifles for them, as well as foodstuffs. 395He was told by the bourgmestre of Kacyiru commune that Nzirorera had given 100,000RWF to Sued Ndayitabi to show his support for the Interahamwe leadership. 396276. Witness ALG made no mention of this meeting when he listed meetings ofthe security council which he had attended in his statement of February 2000, 397 in hisinterview of October 2002 with OTP when he described meetings chaired by PrefetRenzaho at the prefecture, 398 or in his confession of March 2004 where he chargedNzirorera with responsibility for the genocide and discussed meetings at the prefecture. 399277. The first time Witness ALG mentioned this meeting to any authority wasafter he had been housed with Witness UB in Arusha in April and May 2004. 400iii. Witness HH390 Transcript of 7 November 2006 @ 21; Exhibit DNZ-185391 Transcript of 7 November 2006 @ 22; Exhibit DNZ-185392 Transcript of 7 November 2006 @ 25; Exhibit DNZ-186393 Transcript of 26 October 2006 @ 58; Transcript of 7 November 2006 @ 26394 Transcript of 7 November 2006 @ 27395 Transcript of 7 November 2006 @ 26396 Transcript of 7 November 2006 @ 26397 Transcript of 7 November 2006 @ 27; Exhibit DNG-29398 Transcript of 7 November 2006 @ 27; Exhibit DNG-31399 Transcript of 7 November 2006 @ 29; Exhibit DNG-37400 Transcript of 7 November 2006@ 4859

278. Witness HH testified that he did not attend any meeting at the prefectureoffice in which Nzirorera spoke at the end of April. He heard people speaking about thatmeeting at the prison. 401iv. Witness AWE279. Witness AWE testified that on about 28-30 April 1994 402 , Witness AWEattended a meeting at the Kigali prefecture office at which Kigali Interahamwe andMRND conseillers were present. Renzaho chaired the meeting. Nzirorera spoke in thecourse of the meeting and thanked the Interahamwe and congratulated them for havingworked well. He gave 100,000 RWF to one of the Interahamwe and told him to buy beerbecause they were courageous and should carry on what they were doing. In the courseof that meeting, the conseillers reported on the number of people killed in their secteurs,predominantly by Interahamwe. Witness AWE reported 100-120 people killed in hissecteur. 403280. Witness AWE had been invited to the meeting by the prefet. The conseiller,Interahamwe leaders, political party leaders, and soldiers attended. 404 Witness AWEclaimed that the meeting was held in the prefecture meeting room, but conceded thatTutsi refugees were using the room at the time. He claimed that perhaps they had toleave during the day so meetings could be held there. 405281. Among the people in attendance was Laurent Semanza, wearing acamouflage uniform, Interahamwe leaders Felicien Munyezamu, Gatabazi,Ngerageze,Maniragaba, Ndayitabi and Georges Rutaganda, 406 bourgmestre Jean Bizimana, JeanBaptiste Butera, conseiller Amri Karekezi, Odette Nyirabagenzi, Rose Karushara,Magerwa (who replaced Stany) and Gregoire Nyirimanzi. Jean Habyarimana was notpresent. 407282. The meeting started between 2 and 2:30 p.m. 408 He is certain it was in theafternoon. 409 Prefet Renzaho opened the meeting, then Jean Baptiste Butera spoke about401 Transcript of 20 November 2006 @ 10-11402 Transcript of 4 July 2007@32403 Transcript of 4 July 2007@30-31404 Transcript of 9 July 2007 @ 54405 Transcript of 9 July 2007 @ 55406 Transcript of 9 July 2007 @ 55407 Transcript of 9 July 2007 @ 56408 Transcript of 9 July 2007 @ 5660

the same time. 413 c. Defence Evidencethe situation in Gikondo secteur, where he was acting for the conseiller. The conseillerthen spoke, and then Nzirorera spoke. He could not say whether this was a securitycouncil meeting or another type of meeting. 410283. Witness AWE had no recollection of the Interahamwe complaining at thismeeting that they did not have enough weapons or a discussion of the Interahamwerequisitioning vehicles from Magerwa. He recalled that Amri Karekezi asked a questionof Nzirorera, but did not recall what the question was. 411284. Witness AWE claimed that Nzirorera took money out of his pocket andgave it to Interahamwe leader Suedi Ndayitabi, saying that he is giving the money for theInterahamwe to buy drinks because they had shown they were brave men and urged themto continue in that manner. 412285. Witness AWE claimed that the meeting took place at the end of April,although he had earlier said it was between the end of April and middle of May, andcould not situate this meeting with respect to any other events which were occurring at286. Jean Baptiste Butera, the Director of Political and Administrative Affairsfor Kigali ville prefecture, testified that Joseph Nzirorera never attended any meetings atthe prefecture office during April 1994, and that to say that Nzirorera attended a meetingat the prefecture office when he was also present is a fabrication. 414287. Joseph Nzirorera will testify that he never attended this meeting.288. Laurent Semanza and General Gratien Kabiligi will testify that they neverattended this meeting.289. Tharcisse Renzaho will testify that this meeting never took place.290.Witness 29 and Francois Karera, , persons who Witness UB claimedattended this meeting will testify that they never attended or heard of such a meeting.409 Transcript of 9 July 2007 @ 57410 Transcript of 9 July 2007 @ 57-58411 Transcript of 10 July 2007 @ 3412 Transcript of 10 July 2007 @ 4413 Transcript of 10 July 2007 @ 2414 Transcript of 7 April 2008 @ 23-2461

291. Stanislas Mbonyimana was conseiller of Gitega secteur in January 1990. Ina written statement admitted pursuant to Rule 92 bis, he refuted the testimony of WitnessAWE that he had attended a meeting at the end of April or beginning of May 1994 at theKigali prefecture office at which Joseph Nzirorera was present. In fact, he was in thehospital since late March 1994 and it was impossible for him to have attended thismeeting. 415292. Emmanuel Nyamuhimba was Chief of the Kigali urban police in 1994. Ina written statement admitted pursuant to Rule 92 bis, he refuted the testimony of WitnessALG that he was present at a meeting at the Kigali prefecture office in late April 1994 atwhich Joseph Nzirorera attended and at which the prefet of Kigali, conseillers, andInterahamwe were present. He had no knowledge of this meeting. 416293. Majaliwa Bizimana, who was acting conseiller of Gitega in April 1994, in awritten statement ordered admitted pursuant to Rule 92 bis, refuted the testimony ofWitness UB that he attended a meeting at the Kigali ville prefecture office at the end ofApril in which Joseph Nzirorera spoke. 417 He never attended nor heard of any meeting atthe Kigali prefecture office where Joseph Nzirorera was present. 418294. Celestin Sezibera was the conseiller of Nyamirambo commune in April1994. In a written statement ordered admitted pursuant to Rule 92 bis, he refuted thetestimony of Witness UB that he had attended a meeting at the Kigali ville prefectureoffice at the end of April in which Joseph Nzirorera spoke. 419 He never attended norheard of any meeting at the Kigali prefecture office where Joseph Nzirorera waspresent. 420295. Aloys Simpunga was the Director of Social and Cultural Affairs for Kigaliprefecture in 1994. In a written statement ordered admitted pursuant to Rule 92 bis, herefuted the testimony of Witness UB that he had attended a meeting at the Kigali ville415 Exhibit DNZ-618416 Exhibit DNZ-649417 Transcript of 7 March 2006@65; Exhibit #DNZ86418 Exhibit DNZ- ; Decision on Joseph Nzirorera’s Motion to Admit Statements of Aloys Simpunga andGerard Kayumba and on Reconsideration of Decision on Admission of Written Statements and WitnessTestimony (20 October 2009) at para. 13419 Transcript of 7 March 2006@65; Exhibit #DNZ86420 Exhibit DNZ- ; Decision on Joseph Nzirorera’s Motion to Admit Statements of Aloys Simpunga andGerard Kayumba and on Reconsideration of Decision on Admission of Written Statements and WitnessTestimony (20 October 2009) at para. 1362

prefecture office at the end of April in which Joseph Nzirorera spoke. 421 He neverattended nor heard of any meeting at the Kigali prefecture office where Joseph Nzirorerawas present. 422296. Jean Berchamans Imananibishaka aka Sukari, also refuted the testimonyof Witness UB that he had attended a meeting at the Kigali ville prefecture office at theend of April in which Joseph Nzirorera spoke. 423 He never attended nor heard of anymeeting at the Kigali prefecture office where Joseph Nzirorera was present. 424297. Witness 34 and Pascal Mutuyeyezu will testify that they were thebodyguard and driver of Witness UB and that no meeting with Nzirorera took place atPVK.298. Georges Rutaganda, who attended according to Witness AWE, will testifythat he never attended or heard of such a meeting.299. Dick Prudence Munyeshuli, investigator for Joseph Nzirorera, will testifyas to his investigation of the whereabouts of those persons named as having attended themeeting by prosecution witnesses. Every person named by the prosecution’s witnessesfrom Kigali prison, UB, ALG, and AWE, who could be located, has refuted the existenceof the meeting.d. Evidence which the defence wished to present300. Fabien Bunani was one of the Directors of Kigali Ville prefecture. WitnessUB testified that Mr. Bunani was present at a meeting at the prefecture office at the endof April 1994 at which Mr. Nzirorera addressed the Kigali conseillers and Interahamweand praised the efforts of the Interahamwe. 425 Mr. Bunani would have testified that henever attended any meeting with Nzirorera at the Kigali ville prefecture office in April1994. However, the Trial Chamber denied Mr. Nzirorera’s motion to subpoena him. 426421 Transcript of 7 March 2006@65; Exhibit #DNZ86422 Exhibit DNZ- ; Decision on Joseph Nzirorera’s Motion to Admit Statements of Aloys Simpunga andGerard Kayumba and on Reconsideration of Decision on Admission of Written Statements and WitnessTestimony (20 October 2009) at para. 13423 Transcript of 7 March 2006@65; Exhibit #DNZ86424 Exhibit DNZ- ; Decision on Joseph Nzirorera’s Motion to Admit Statements of Aloys Simpunga andGerard Kayumba and on Reconsideration of Decision on Admission of Written Statements and WitnessTestimony (20 October 2009) at para. 13425 Transcript of 7 March 2006 @ 65; Exhibit DNZ-86 (#2)426 Decision on Joseph Nzirorera’s Motions to Subpoena Fabien Bunani, Eugene Mbarushimana, andPascal Ntawumenyumunsi (29 January 2009)63

the area. 429 ii. Witness UB11. Civil Defence programa. Indictment36. Édouard KAREMERA, Mathieu NGIRUMPATSE, and JosephNZIRORERA planned and executed a state-endorsed program of―civilian self defense‖ whereby officials in the territorial administration[préfets, bourgmestres and conseillers] and officials in the MRNDpolitical party recruited civilians, usually local Hutu youth, andconsolidated them with political party ―youth wing‖ militias under theauthority of retired military officers and reservists. In so doing all namedaccused collaborated with segments of the military and enlisted theresources and logistics of the Ministry of Defense and the Forces ArméesRwandaises and structures of authority in the territorial administration,governed by the Ministry of the Interior, to distribute firearms to politicalparty ―youth wing‖ militias and to legitimize and control the setting up ofroadblocks and the tracking and killing of civilians at such roadblocks.Furthermore, this ―civilian self defense‖ corps was deployed in armedpatrols to identify, search out and kill the Tutsi population.b. Prosecution evidencei. Witness G301. Witness G testified that when he returned to Kigali on 22 April 1994,Witness G was told by [Ephrem Nkezabera] that the killings had stopped in Kigali andthat the Interahamwe were now being sent to the war front. He observed that theInterahamwe were now participating in the war efforts. Many Interahamwe were nowwearing military uniforms. 427302. The interviews of Robert Kajuga in mid-May 1994 in which he said that theInterahamwe were fighting alongside the Army was consistent with what he observed inKigali. 428303. Witness G testified that on his third trip to Kigali in late May, 1994, heattended a meeting at the Ministry of Defence with Colonel Gasake, who had been placedin charge of the civil defence. Gasake wanted to see how to utilize the Interahamwe inthe civil defence program. The meeting was interrupted when the RPF began bombing427 Transcript of 19 October 2005@ 38428 Transcript of 19 October 2005@ 40; Exhibits #DNZ-36 and 37429 Transcript of 12 October 2005 @ 1764

Tutsis. 430 iii. Witness T304. Witness UB testified that at a security council meeting held on 16 April,Prefet Renzaho told them that the military authorities had decided to create a civildefence program and that retired soldiers were to be put in charge of the program. TheInterahamwe made up the civil defence program. However, they continued killing305. Witness T testified that the civil defence was an initiative considered in 1992or earlier by the government after the RPF changed its tactics and launched a guerillawar, targeting the civilian population. However, the government rejected the proposal toarm the population in 1992 in an action that surprised many people. 431306. Witness T testified that in mid-May 1994, there was a meeting of the variousyouth wings with Colonel Gasake to incorporate the youth wings into the civil defence. 432iv. Witness ALG307. Witness ALG acknowledged that the idea of civil defence was a legitimateidea to combat the attacks and infiltration by the RPF, but it did not do what it wassupposed to do. 433308. In mid-April 1994, Prefet Renzaho convened a meeting in which heannounced that the government had decided to set up a civil defence organ in eachprefecture. The Prefet was accompanied by Major Bivamvagara, who headed the civildefence in Kigali ville prefecture, and a lieutenant who was his assistant. 434309. Renzaho said that the youth would be trained to ensure security within Kigaliand that weapons would be distributed to those persons. Renzaho said that theroadblocks had to be manned and patrols had to be carried out, and the population had toparticipate in that endeavor. 435 The purpose of the civil defence program was to protectthe population of Kigali from attacks by the Inkotanyi. 436430 Transcript of 28 February 2006@ 23431 Exhibit DK-6; Transcript of 2 June 2006 @ 4432 Transcript of 26 May 2006 @ 20433 Transcript of 2 November 2006 @ 32434 Transcript of 27 October 2006 @ 6435 Transcript of 27 October 2006 @ 6436 Transcript of 27 October 2006 @ 765

310. Witness ALG did not hear the speeches or broadcast of this meeting wherePrefet Renzaho condemned acts of violence committed by the youth and other membersof the population and said that the killings should be stopped as soon as possible. And hesaid that if someone commits such acts, he should be shot. That is the way you will endsuch acts. 437311. The civil defence program was a program of the Interim Government, not theMRND. However, the MRND was represented in the Interim Government by thePresident, Minister of Defence and Minister of Interior. 438Witness ALG wronglyclaimed that Karemera was the Minister of Interior in mid-April 1994 when the civildefence was established. 439v. Witness GK312. Witness GK, a bourgmestre from Kibuye, agreed that a civil defenceprogram was necessary to train members of the population to defend themselves, but thatit was extremely difficult to manage that program given the prevailing circumstances. 440vi.Witness FH313. Witness FH, a bourgmestre from Gitarama, testified that the civil defence intheory was something good, but in application it was really bad because people ultimatelybegan killing one another. 441The civil defence program was a government program, nota matter for the MRND. Any citizen, irrespective of political affiliation, was part of it. 442vii.Fidele Uwizeye314. In a radio broadcast in June 1994, Prefet Uwizeye said that the governmenthas not spared any efforts. The government received a large number of firearms, some ofwhich have been distributed to the youth and to refugees, and have included them in thecivil defence program. He hoped the quantity of weapons will increase in the daysahead. 443315. The civil defence was set up sometime after the meeting of 18 April.Uwizeye has no evidence of any role played by the political parties in the organization of437 Transcript of 6 November 2006 @ 68; Exhibit DNZ-83438 Transcript of 27 October 2006 @ 6439 Transcript of 1 November 2006 @ 38; cf. indictment @ para. 1440 Transcript of 11 December 2006 @ 44441 Transcript of 12 July 2007 @ 28442 Transcript of 12 July 2007 @ 29443 Transcript of 18 July 2007 @ 37; Exhibit DNZ-31766

acts.‖ 447 318. On 23 April 1994, UNAMIR reported that RGF troops appeared to be takingthe civil defence. 444 The Interahamwe were the first to be incorporated into the civildefence because they had already been trained and had arms. 445viii. documentary evidence316. On 20 April 1994, Edouard Karemera wrote a report of a mission heundertook with Minister of Defence Augustin Bizimana to assess the military andpolitical situation in Ruhengeri and Gisenyi prefectures. He notes that thousands ofyoung people are presently undergoing training in Bigogwe and Ruhengeri and that theywill need weapons. They recommended training and weapons be made available to theyouth in all prefectures. 446317. On 22 April 1994, Prefet Renzaho addressed a meeting of bourgmestresbroadcast over Radio Rwanda and introduced an officer as head of the civil defence inKigali. He condemned acts of violence committed by youth and other members of thepopulation and said the killing should be stopped as soon as possible. He said, ―Ifsomeone commits such acts, he should be shot. This is the way you will end suchover control of some of the roadblocks in the city previously controlled by the militia. 448319. On 10 May 1994, MRND Vice-President Edouard Karemera issued aninvitation to the MRND political bureau members to attend a meeting at Murambi onTuesday, 12 May 1994 to discuss the operation of the Interim Government and the civildefence project. 449320. On 25 May 1994, Minister of Interior Edouard Karemera issued instructionsto the prefets on the implementation of the civil defence program. 450c. Defence evidence321. Joseph Nzirorera will testify that he had nothing to do with the civildefence program implemented by the Interim Government. He saw it as a way to444 Transcript of 20 July 2007 @ 22445 Transcript of 20 July 2007 @ 22446 P199447 Transcript of 7 March 2006@ 42-43,46-47; Exhibit #DNZ83448 Transcript of 6 November 2006 @ 73; Exhibit DNZ-235449 Exhibit #P221450 Exhibit #P5967

mobilize the youth to help fight the RPF and not intended to be used for theextermination of Tutsis.322. Ministers Andre Ntagerura, Justin Mugenzi, Casimir Bizimungu,Augustin Ngirabatware, Pauline Nyiramasuhuko, and Eliezer Niyitegeka will testifythat they saw the civil defence program as a way to mobilize the youth to help fight theRPF and not intended to be used for the extermination of Tutsis.323. Faustin Twagiramungu, the former President of the MDR party and PrimeMinister-designate under the Arusha Accords, whose testimony in the Ntakirutimanacase was admitted pursuant to Rule 92 bis, testified that a civil defence programme wasinitially started as a reaction to the events of January 1993. The phrase ―civil defence‖basically meant arming the civilian population. At some point between 1993 and 1994there was a plan in place to arm the civilian population in order to defend the countryagainst infiltrators. 451324. Witness 29 will testify that he saw the civil defence program as a way tomobilize the youth to help fight the RPF and not intended to be used for theextermination of Tutsis.325. Tharcisse Renzaho will testify that the civil defence program was proposed,but not implemented in Kigali before the death of President Habyarimana. AfterHabyarimana’s death, it was a way to mobilize the youth to help fight the RPF and notintended to be used for the extermination of Tutsis.326. Gratien Kabiligi, Theoneste Bagosora, and Anatole Nsengiyumva willtestify that from the military’s perspective, the civil defence program was necessary toenhance the ability of the Army to fight the RPF.12. Rapes and Sexual Assaultsa. Indictment66. In Ruhengeri préfecture during early-mid April 1994, Kigali-villepréfecture during April 1994, Butare préfecture during mid-late April1994, Kibuye préfecture during May – June 1994, and Gitaramapréfecture during April and May 1994, and throughout Rwanda,Interahamwe and militiamen raped and sexually assaulted Tutsi womenand girls throughout Rwanda, causing them serious bodily or mental harm.451 Exhibit DNZ-514; Transcript of 5 February 2002 @ 16-1868

Such serious bodily or mental harm inflicted upon Tutsi women and girlswas intended to destroy the capacity of persons of Tutsi ethnic or racialidentity to sustain themselves physically or psychologically as a group, orto reproduce themselves as a group. Édouard KAREMERA, MathieuNGIRUMPATSE, and Joseph NZIRORERA were aware that rape wasthe natural and foreseeable consequence of the execution of the jointcriminal enterprise and knowingly and willfully participated in thatenterprise.68. As part of these widespread or systematic attacks, Interahamwe and othermilitiamen raped Tutsi women and girls in Ruhengeri préfecture duringearly-mid April 1994, Kigali-ville préfecture during April 1994, Butarepréfecture during mid-late April 1994, Kibuye préfecture during May –June 1994, and Gitarama préfecture during April and May 1994.69. These rapes were the natural and foreseeable consequence of the object ofthe joint criminal enterprise to destroy the Tutsi as a group. ÉdouardKAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERAwere aware that rape was the natural and foreseeable consequence of theexecution of the joint criminal enterprise and knowingly and willfullyparticipated in that enterprise.70. Rape against Tutsi women between 6 April 1994 and 17 July 1994 was sowidespread and so systematic that Édouard KAREMERA, MathieuNGIRUMPATSE, and Joseph NZIRORERA knew or had reason toknow that Interahamwe and other militiamen were about to commit thesecrimes or that they had committed them. The accused had the materialcapacity to halt or prevent the rapes, or to punish or sanction those thatcommitted these crimes, but failed to take the necessary and reasonablemeasures to prevent the rapes or to punish the perpetrators.b. Prosecution evidencei. Witness G327. Witness G was never aware of any instructions by MRND leaders, publiclyor privately, that Tutsi women should be sexually assaulted. 452ii.Witness UB328. Witness UB testified that he was aware of a rape of a woman by soldiersbetween 15 and 20 April in his secteur. He reported this incident to the prefet. 453soldier tried to rape a young girl in his secteur, but he prevented it. 454AAnother woman in452 Transcript of 18 October 2005@ 21453 Transcript of 28 February 2006@ 11454 Transcript of 28 February 2006@ 1869

his secteur was raped by an Interahamwe. 455 Another 16 year old girl was raped in hissecteur and a girl taken from his secteur to Nyakabanda and raped and killed byInterahamwe. 456 It was impossible for leaders not to be aware that rapes were beingcommitted. 457 However, he has no information that his reports of these sexual assaultswere ever forwarded to the MRND executive committee. 458 Nor was he aware of anyorders to rape by the executive committee. 459iii. Witness T329. The sexual relations which occurred with Tutsi women at the Petit Kigaliwere consensual between people who had known each other a long time. 460 There wereno rapes at the Petit Kigali. 461 There were rapes all across Rwanda, in areas controlled bythe government and the RPF—this happens throughout the world whenever there iswar. 462 There was no instruction by the MRND to the Interahamwe to commit rape. 463iv. Rule 92 bis witnesses330. The prosecution has introduced the statements of 16 witnesses to rape invarious parts of Rwanda pursuant to Rule 92 bis.c. Defence evidence331. Joseph Nzirorera will testify that it is indeed regrettable that rapes tookplace during the catastrophic events in Rwanda after the assassination of PresidentHabyarimana. However, he never ordered any rapes or desired that they occur. He wasnot aware of any rapes by any persons under his effective control. Since he neverplanned to exterminate Tutsis, it was not forseeable to him that rapes would occur as partof such a plan.332. Witness 31 and Georges Rutaganda will testify that there were no ordersor instructions to Interahamwe to rape.455 Transcript of 28 February 2006@ 20456 Transcript of 28 February 2006@ 21457 Transcript of 28 February 2006@ 18458 Transcript of 7 March 2006@ 48459 Transcript of 7 March 2006@ 48460 Transcript of 26 May 2006 @ 18-19461 Transcript of 26 May 2006 @ 19462 Transcript of 26 May 2006 @ 19463 Transcript of 31 May 2006 @ 770

B. Pre 6 April 1994 events charged in the Indictment1. The Joint Criminal Enterprisea. Indictment6. This joint criminal enterprise came into existence before January 1994 andcontinued until at least July 1994. Participants in this joint criminalenterprise included Édouard KAREMERA, Mathieu NGIRUMPATSE,and Joseph NZIRORERA and the following individuals and classes ofpersons:(i) military authorities, including Augustin BIZIMANA, Minister ofDefense; Col. Théoneste BAGOSORA, Directeur de cabinet in theMinistry of Defense; Lt. Col. Anatole NSENGIYUMVA, commandant desecteur in Gisenyi; Col. Tharcisse RENZAHO, préfet of Kigali-ville;Augustin BIZIMUNGU, Army Chief of Staff, and AugustinNDINDILIYIMANA, Chief of Staff of the Gendarmerie; ProtaisMPIRANYA, Commander of the Presidential Guard Battalion; AloysNTABAKUZE, Commander of the Para-Commando Battalion; François-Xavier NZUWONEMEYE, Commander of the Reconnaissance Battalion;Innocent SAGAHUTU, Second-in-command of the ReconnaissanceBattalion; Col. Anatole GASAKE, National Coordinator of the CivilDefense Program; Col. Ephrem SETAKO; Lt. Boniface HASENGINEZA,commandant de bataillon in Ruhengeri; Lt. Samuel IMANISHIMWE, acommander in Cyangugu.(ii) political authorities at the national and regional level, includingTheodore SINDIKUBWABO, Interim President; Jean KAMBANDA,Prime Minister; Callixte NZABONIMANA, Minister of Youth andSports; Pauline NYIRAMASUHUKO, Minister of Family and Gender;Eliézer NIYITEGEKA, Minister of Information; Justin MUGENZI,Minister of Commerce; Casimir BIZIMUNGU, Minister of Health; andJerôme-Clément BICAMUMPAKA, Minister of Foreign Affairs; AndréNTAGERURA, Minister of Transportation; André RWAMAKUBA,Minister of Primary and Secondary Education; AgnèsNTAMABYALIRO, Minister of Justice; Emmanuel NDINDABAHIZI,Minister of Finance; Callixte KALIMANZIRA, Directeur de cabinet inthe Ministry of the Interior ; Clément KAYISHEMA, préfet of Kibuye;Sylvain NSABIMANA, préfet of Butare; Emmanuel BAGAMBIKI, préfetof Cyangugu; Juvenal KAJELIJELI, bourgmestre of Mukingo; andLaurent SEMANZA, bourgmestre of Bicumbi; Marc MPOZAMBEZI,bourgmestre of Rubavu; Charles SIKUBWABO, bourgmestre ofGishyita; Aloys NDIMBATI, bourgmestre of Gisovu; SylvestreGACUMBITSI, bourgmestre of Rusumo; Jean-Baptiste GATETE,71

ourgmestre of Murambi; Jean Paul AKAYESU, bourgmestre of Taba;Mika MUHIMANA, conseiller of Gishyita;(iii) influential businessmen, Akazu, and political party leadersaffiliated with “Hutu Power” including Jean Bosco BARAYAGWIZA, aleader of the CDR political party; Ferdinand NAHIMANA, an academic;Félicien KABUGA, a businessman; Obed RUZINDANA, a businessman;Protais ZIGIRANYIRAZO, a businessman; Hassan NGEZE, a journalist;Froudouald KARAMIRA, a national leader of ―Hutu Power‖ associatedwith the MDR party; Donat MUREGO, a national leader of ―HutuPower‖ associated with the MDR party; Hyacinthe NSENGIYUMVARAFIKI, a national leader of ―Hutu Power‖ associated with the PSD party;Francois NDUNGUTSE, a national leader of ―Hutu Power‖ associatedwith the PSD party; Gerard NTAKIRUTIMANA, a medical doctor; AlfredMUSEMA, Director of the Gisovu Tea Factory; Michel BAGARAGAZA,the head of OCIR-Thé; Esdras BAHEZA, a businessman; Jean BaptisteNYABUSORE, Director of ISAE; Jean Damascene NIYOYITA,President of the MRND for Mukingo commune; Assiel NDISETSE,conseiller of Busogo secteur;(iv) leaders of the Interahamwe and Impuzaumpagambi political party“youth wing” militias and the “civil defense” program includingRobert KAJUGA, national president of the MRND-Interahamwe; GeorgesRUTAGANDA, first vice-president of the MRND-Interahamwe; BernardMANIRAGABA, an Interahamwe leader in Kigali; Yusuf MUNYAKAZI,an Interahamwe leader in Cyangugu; Col. Aloys SIMBA, leader of the―civil defense‖ in Gikongoro; Col. Alphonse NTEZIRYAYO, préfet andleader of the ―civil defense‖ in Butare; Col. RWAGAFILITIA, leader ofthe ―civil defense‖ in Kibungo; Bernard MUNYAGISHARI, President ofthe Interahamwe in Gisenyi; Maj. Jean Damascene UKULIKIYEYEZU,leader of the ―civil defense‖ in Gitarama; and Omar SERUSHAGO, anInterahamwe leader in Gisenyi;The Prosecutor is unable to specifically identify each and every participantin the joint criminal enterprise. This is the best information available atthis time.b. Prosecution evidence333. The prosecution failed to bring a single witness who claimed to have been amember of the alleged joint criminal enterprise.c. Defence evidence72

334. Edouard Karemera testified that he was never involved in any conspiracywith Joseph Nzirorera or anyone else to exterminate the Tutsi. 464335. Karemera witnesses Jean Paul Akayesu 465 and Witness LOL 466 testifiedthat they were not members of any joint criminal enterprise to exterminate the Tutsis.336. Joseph Nzirorera will testify that he was not a member of any joint criminalenterprise to exterminate the Tutsis.337. Theoneste Bagosora, Anatole Nsengiyumva, Tharcisse Renzaho,Augustin Bizimungu, Aloys Ntabakuze, Ephrem Setako, Samuel Imanishimwe,Pauline Nyiramasuhuko, Eliezer Niyitegeka, Justin Mugenzi, AugustinNgirabatware, Casimir Bizimungu, Juvenal Kajelijeli, Laurent Semanza, JeanBaptiste Gatete, Ferdinand Nahimana, Protais Zigiranyirazo, Michel Bagaragaza,and George Rutaganda will testify that they were not members of any joint criminalenterprise to exterminate the Tutsis.338. Jean Damascene Niyoyita 467 and Assiel Ndisetse 468 testified that they werenot members of any joint criminal enterprise to exterminate Tutsis.339. Witness DE9-7 469 , Agnes Ntamabyaliro 470 , and EmmanuelNdindabahizi, 471 whose testimony in the Ndindiliyimana et al trial was admittedpursuant to Rule 92 bis, testified that they were not members of any joint criminalenterprise to exterminate the Tutsis. Ntamabyaliro testified that as Minister of Justice shesought to find ways to stop the killings that were taking place. 472 The Prosecutor’s officeand courts were faced with security problems and staff shortages. It was very difficult forthe Prosecutor’s office and judges in Kigali town to operate because the staff facedsecurity threats and the killing was most severe in that area. 473464 Transcript of 21 May 2009 @ 4465 Transcript of 14 May 2008 @ 20,24466 Transcript of 8 July 2008 @ 49467 Transcript of 19 November 2009 @ 19-21468 Transcript of 24 November 2009 @ 6-7469 Exhibit DNZ-688; Transcript of 5 June 2007 @ 70470 Exhibit DNZ-512; Transcript of 28 August 2008 @ 29471 Exhibit DNZ-513; Transcript of 2 May 2007 @ 24472 Exhibit DNZ-512; Transcript of 22 August 2008 @ 6473 Exhibit DNZ-512; Transcript of 22 August 2008 @ 673

340. Gerard Ntakirutimana 474 and Alfred Musema 475 , whose testimony at theirown trials were admitted pursuant to Rule 92 bis, testified that they were not members ofany joint criminal enterprise to exterminate the Tutsis.341. Faustin Twagiramungu, President of the MDR party, whose testimony inthe Ntakirutimana trial was admitted pursuant to Rule 92 bis, will testify that as PrimeMinister designate, had there been a plan for extermination of Tutsis, he would haveknown of it. There was no such plan. 476342. Witness LE-1, the former Chief of Staff of the Rwandan Army, whosetestimony in the Bagosora et al trial was admitted pursuant to Rule 92 bis, testified thathe was not aware of any plan for the extermination of Tutsis. 477343. Colonel Luc Marchal, the commander of the Belgian contingent ofUNAMIR, whose testimony in the Bagosora et al trial was admitted pursuant to Rule 92bis, testified that he does not believe that there was a plan to exterminate Tutsis. 478c. Other information344. In the Bagosora et al case, the Trial Chamber found that the prosecution hadnot proven beyond reasonable doubt that the only reasonable inference to be drawn fromthe evidence is that the four Accused conspired amongst themselves or with others tocommit genocide before it unfolded from 7 April 1994. 479in the joint criminal enterprise charged in this case.2. Formation and Expansion of the Interahamwea. IndictmentThose accused are each named24.1 Sometime during 1992 Mathieu NGIRUMPATSE initiated or supportedthe proposal that the MRND should establish a ―youth wing‖ that wouldbe called the Interahamwe. This MRND ―youth wing‖ would competewith rival ―youth wings‖ of opposition political parties to recruit membersfor the MRND. Over time, the MRND-Interahamwe ―youth wing‖attracted and incorporated unemployed, delinquent youth that oftenengaged in illegal activity under the auspices of ―multi-party politics‖ andkibuhoza.474 Exhibit DNZ-522475 Exhibit DNZ-523476 Exhibit DNZ-514; Transcript of 4 February 2002 @ 156-159; 246-247477 Exhibit DNZ-519; Transcript of 20 October 2005 @ 10478 Exhibit DNZ-520; Transcript of 30 November 2006 @ 32479 Prosecutor v Bagosora et al, No. ICTR-98-41-T, Judgement (18 December 2008) at para. 1474

24.2 In July 1993 Mathieu NGIRUMPATSE became the national President ofthe MRND political party. During a MRND national congress heldsometime around June or July 1993 the MRND Central Committee, at thattime including Édouard KAREMERA, Mathieu NGIRUMPATSE, andJoseph NZIRORERA, authorized and founded MRND-Interahamwecommittees at the prefectural level throughout Rwanda, bringing theMRND ―youth wing‖ squarely under the control of the MRND prefecturalchairmen, who themselves were subject to the authority of the MRNDSteering Committee.b. Prosecution evidencei. Ahmed Mbonyunkiza345. Ahmed Mbonyunkiza testified that when the JMRND was created inSeptember 1991, President Habyarimana desired that it collaborate with the youths ofother parties without racial, religious, or ethnic discrimination. 480ii.Witness G346. Witness G, an officer of the National Committee of the Interahamwe, whowas present at its inception, testified that when the Interahamwe was formed, there wasnever any intention that anyone in this group would kill. When it was formed, people inthe Interahamwe did not hold anti-Tutsi views. 481The meetings were held in a buildingowned by a Tutsi. The President of the Interahamwe was a Tutsi, one of the officers wasmarried to a Tutsi, and three of the officers had Tutsi mothers. 482groups were welcome in the Interahamwe. 483iii.Witness UBMembers of all ethnic347. Witness UB testified that when the Interahamwe were created, other partieshad already set up youth wings to protect their members. 484The Interahamwe wasestablished to ensure the protection of MRND members and to sensitize the populationon the MRND ideals. 485When the Interahamwe was established, its founders weretraders, government employees, and otherwise honest and law-abiding citizens. 486iv.Witness T480 Transcript of 29 September 2005 @ 28481 Transcript of 14 October 2005 2005 @ 12482 Transcript of 14 October 2005 2005 @ 12-13483 Transcript of 21 October 2005 @ 34484 Transcript of 1 March 2006@ 30485 Transcript of 22 February 2006 @ 29; Transcript of 23 February 2006@ 22486 Transcript of 1 March 2006@ 3175

348. Witness T testified that the objective of creating the Interahamwe was tobring new blood into the MRND and renovate and restructure the party in the multipartysystem. 487Witness T testified that the MRND did not create and organize theInterahamwe for the purpose of exterminating the Tutsi. 488Witness T testified that whenthere was recruitment into the Interahamwe from the prefectures, it was not with theintent to form an army to exterminate Tutsis. 489v. Witness AWD349. Witness AWD testified that the word ―Interahamwe‖ means people whowork together. The organization began for animation and entertainment but changedafter youth wings of other parties began antagonizing MRND members and it becamenecessary to defend the interests of their own party. 490vi.Documentary Evidence350. The decision to expand the Interahamwe to the prefectures was made at theApril 1992 MRND Congress. 491c. Defence Evidence351. The bona fide reasons for establishing the Interahamwe in 1991 andextending it to the prefectures in 1992 has already been established by the prosecution’switnesses. Mr. Nzirorera will leave it to the defence of the co-accused to further addressthis issue, since he was not involved.352. Joseph Nzirorera will testify that when the Interahamwe were first formedin Kigali in 1991, he held no position within the MRND. When the decision was taken toexpand the Interahamwe to the prefectures in the Congress of April 1992, JosephNzirorera was one of the many members of that Congress, but had no executive positionwithin MRND.3. Military Training of Interahamwea. Indictment24.3 Starting in 1993 Mathieu NGIRUMPATSE and other national leaders ofthe MRND political party agreed among themselves, and with civilian487 Transcript of 22 May 2006 @ 32488 Transcript of 26 May 2006 @ 29; Transcript of 1 June 2006 @ 47489 Transcript of 26 May 2006 @ 29490 Transcript of 10 October 2007 @ 14-15491 Transcript of 14 October 2005 @ 30; Exhibit DNZ-676

authorities in the territorial administration and military authorities in theMinistry of Defense and the FAR, to provide military training and arms toInterahamwe militias, and to stockpile firearms from the Ministry ofDefense for later distribution to Interahamwe militias, intending thatInterahamwe militias would be deployed to kill and harm Rwanda’s Tutsipopulation.24.4 In this regard Édouard KAREMERA, Mathieu NGIRUMPATSE, andJoseph NZIRORERA were aware of, and complicit in, decisions takenby Minister of Defense Augustin BIZIMANA and Ministry of DefenseDirecteur de cabinet Théoneste BAGOSORA and certain FAR militaryofficers to provide military training to the Interahamwe militias in militarycamps in Kigali, Byumba, Gisenyi and Ruhengeri, notably at Gabiro,Mukamira and Bigogwe camps and in neighboring forests, includingGishwati in Gisenyi and Akagera in Umutara.b. Prosecution Evidencei. Ahmed Mbonyunkiza353. Ahmed Mbonyunkiza testified that at the third Interahamwe meeting inFebruary 1992, it was explained that before one could obtain an Interahamwemembership card, it was necessary to undergo military training. 492ii.Witness G354. Witness G testified that there was no military training of Interahamwe in1992 and it was not necessary to undergo military training in order to be a member of theInterahamwe. 493355. Military training of Interahamwe began in the second half of 1993. Thepurpose was to ensure protection of MRND officials. 494plan to train Interahamwe to kill Tutsis. 495He had no knowledge of any356. This took place before the distribution of the weapons. 496 In 1993,Ngirumpatse offered the MDR power wing to have their youths undergo militarytraining, but they declined. 497492 Transcript of 3 October 2005 @ 24493 Transcript of 14 October 2005 2005 @ 19494 Transcript of 17 October 2005 @ 28495 Transcript of 17 October 2005 @ 28496 Transcript of 10 October 2005 @ 63497 Transcript of 10 October 2005 @ 6477

357. During an MRND rally at Nyamirambo Stadium on 16 January 1994,Ngirumpatse denied that the MRND was distributing weapons or carrying out militarytraining. 498 The MRND leaders were afraid of being assassinated with the RPF battalionin Kigali, which is why they took Interahamwe as guards. 499iii. Witness UB358. Witness UB testified that military training of Interahamwe did not take placein 1992. It was not necessary to undergo military training to join the Interahamwe. 500359. In 1993, the Interahamwe were sent to military camps such as Gabiro andGako camps for military training. 501 He understood afterwards that the MRND leaderswere training the Interahamwe to prepare for massacres. 502 The training began after the1993 MRND Congress, 503 and lasted through 1993. 504 Interahamwe leaders at thesectoral level selected those to go for training, which lasted about a month. 505360. His first conversation with Turatsinze about the weapons was in June 1993 atTuratsinze’s mother’s house. No one else was present. Turatsinze confirmed that theInterahamwe had distributed weapons to some of its members in Witness UB’s secteur. 506He also confirmed that the Interahamwe had already undergone military training. 507iv. Witness T361. Witness T testified that it was not necessary in 1992 to undergo militarytraining to join the Interahamwe. 508362. The Interahamwe began to undergo military training in the second half of1993. This was arranged between the MRND leadership and the Ministry of Defence.#1 and #6 of the Interahamwe committee were involved in the military training. 509 Thetraining was promoted by Ngirumpatse for the purpose of assisting the Army in498 Transcript of 11 October 2005 @ 39499 Transcript of 18 October 2005@ 11500 Transcript of 1 March 2006@ 34-35501 Transcript of 23 February 2006@ 36502 Transcript of 23 February 2006@ 36503 Transcript of 23 February 2006@ 37504 Transcript of 24 February 2006@ 10505 Transcript of 23 February 2006@ 39506 Transcript of 2 March 2006@ 33507 Transcript of 2 March 2006@ 34508 Transcript of 26 May 2006 @ 38509 Transcript of 24 May 2006 @ 16-1778

legitimate self-defence. The youth wings of opposition parties were being trained by theRPF. 510 The security concerns heightened after the 8 February 1993 attack by the RPF. 511363. When the Interahamwe were given military training, it was not with theintent that they be used to exterminate Tutsis. It was for self-defence against the RPF. 512364. He received firearms training at the building where the MRND had itsoffices owned by Felicien Kabuga. He did not see stocks of weapons stored at anyMRND offices. 513 The Interahamwe were trained in Rwandan Army camps in Mutara,Bugesera, and Bigogwe camps for a period of 2-3 weeks. 514 The training was to fightagainst the RPF and RPF infiltrators and accomplices. 515 It was expected that fightingwould break out again after the RPF battalion arrived in Kigali, given the numerousviolations of cease fires by the RPF in the past. 516365. In his speech at Nyamirambo stadium on 16 January 1994, Ngirumpatsecould not be expected to state that the Interahamwe were receiving military training,since such training was a secret. 517366. Witness T believes the FAX of 11 January 1994 is a manipulation. Thefigure of 1700 Interahamwe having been trained is an overestimate—probably double theactual figure. 518367. The decisions to expand the Interahamwe to the prefectures, to give themmilitary training, and to distribute weapons to them could not have been made withoutthe approval of President Habyarimana. 519iv. Witness ALG368. Witness ALG testified that it was not necessary for persons to undergomilitary training to join the Interahamwe. 520510 Transcript of 24 May 2006 @ 17511 Transcript of 24 May 2006 @ 19512 Transcript of 26 May 2006 @ 30513 Transcript of 24 May 2006 @ 23514 Transcript of 24 May 2006 @ 25-26515 Transcript of 24 May 2006 @ 25-26516 Transcript of 24 May 2006 @ 29517 Transcript of 24 May 2006 @ 32518 Transcript of 24 May 2006 @ 32-33; Transcript of 29 May 2006 @ 51519 Transcript of 26 May 2006 @ 33520 Transcript of 2 November 2006 @ 2379

369. In March 1993, Witness ALG was informed by Prefet Renzaho that theInterahamwe were undergoing military training. 521 Renzaho informed the senior officialswithin the communes and secteurs. 522 When he was informed by Renzaho, he was inRenzaho’s office with conseillers Gabriel Mbyareyehe and Amri Karekezi. 523 Otherpersons who were informed of the military training at this time by Renzaho includedBourgmestre Pierre Claver Nyilikwaya of Kacyiru commune. 524370. However, in the annex to his confession of 8 March 2004, Witness ALG saidthat he did not know about the military training until later when he was in prison. 525 Heclaimed that he didn’t want to directly incriminate Prefet Renzaho at the time. 526 Then,he claimed that he forgot about the meeting with Renzaho when he was writing the annexto his confession. 527371. (Significantly, Witness UB made no mention of attending such a meeting inhis testimony).372. The purpose was to train the Interahamwe to support the Army and to defendKigali if the RPF was to attack. 528 The training was a secret, so the opposition partieswould not complain. 529 As of January 1994, two groups had already been trained. 530v. Witness HH373. Witness HH learned of military training of the Interahamwe in 1993 when heattended a meeting at the Kabuga building presided over by Ngirumpatse. Ngirumpatseexplained that it was necessary that young people be sent for military training because theInkotanyi had infiltrated the country. 531 The secteur presidents were asked to select someyoung people they trusted to undergo the training, which was to be a secret. 532521 Transcript of 26 October 2006 @ 47522 Transcript of 26 October 2006 @ 47523 Transcript of 2 November 2006 @ 33524 Transcript of 2 November 2006 @ 33525 Exhibit DNG-37526 Transcript of 2 November 2006 @ 35527 Transcript of 2 November 2006 @ 38528 Transcript of 2 November 2006 @ 38529 Transcript of 26 October 2006 @ 48530 Transcript of 26 October 2006 @ 56531 Transcript of 8 November 2006 @ 48532 Transcript of 8 November 2006 @ 4980

374. He subsequently underwent some military training in the Kabuga building 533This was during the time when Ngirumpatse was Secretary General. 534 The purpose ofthe training was to protect MRND officials. It was said that the RPF had infiltrated thecountry with the design to eliminate certain MRND party members. 535375. He sent other people for training at military camps. 536 He saw 2-300 youngpeople boarding busses for training at military camps on one occasion. 537 It was said thatit was necessary to train lots of young people who, when necessary, would supportmembers of the army, because the enemy had infiltrated the country. That was being saidbefore the RPF battalion arrived into the country. 538vi. Frank Claeys376. Frank Claeys testified that Jean Pierre Turatsinze said that he wasresponsible for training the Interahamwe. He did not say he was a top level trainer or thatthe Interahamwe were an armed militia. Those were General Dallaire’s words in the 11January 1994 cable. 539377. Turatsinze said that the Interahamwe had trained 1700 men in RGF militarycamps outside the capital. They were scattered in groups of 40 throughout Kigali. SinceUNAMIR deployed, he had trained 300 men in three week training sessions at RGFcamps. Turatsinze was very convincing and appeared to be familiar with military terms.He claimed to have been trained in Egypt. 540378. Claeys testified that the information they did have from other sources relatedto military training and distribution of weapons to Interahamwe. They did not have anyother information concerning the extermination of Tutsis. 541vii. Witness AWE379. Witness AWE was approached in late 1992 or early 1993 by FelicienMunyezamu, the President of the Interahamwe in his secteur. Munyezamu showed him a533 Transcript of 8 November 2006 @ 49534 Transcript of 16 November 2006 @ 16535 Transcript of 16 November 2006 @ 16536 Transcript of 8 November 2006 @ 51537 Transcript of 8 November 2006 @ 52538 Transcript of 16 November 2006 @ 17539 Transcript of 21 November 2006 @ 54540 Transcript of 21 November 2006 @ 64; Exhibit DNZ-15 @ para. 5541 Transcript of 28 November 2006 @ 6081

Gabiro. 548 viii. Witness AWDcircular addressed to all conseillers of secteurs requesting certificates of good conduct for12 young people from his secteur. Munyezamu told him that young Hutus were beingsought, although that was not mentioned in the letter. He confirmed on the sheet of paperwith the list of the men that they were of good conduct. 542380. A short time later, he observed those 12 men boarding an ONATRACOMbus. He later learned that they went to Gabiro for military training, which lasted for threemonths. 543381. During the third meeting, Nzirorera said that the Interahamwe had completedtheir training and that they had been given firearms and grenades which they could use ifMRND was attacked or if the town was attacked by Inkotanyi. Ngirumpatse andKaremera were also present at this meeting. 544 The same people who attended the firstmeeting were present for the third meeting. 545382. In his OTP statement of 2004, Witness AWE attributed those statements toNgirumpatse. 546 In further cross examination, he said that it was Ngirumpatse who hadaddressed this meeting, not Nzirorera. 547383. At a meeting at the Kabuga building between May and August 1993, JosephNzirorera informed him that the Interahamwe were returning from a training session in384. Military training of Interahamwe began after the assassination of BurundianPresident Ndadaye. They were trained in Gabiro and Bigogwe and several locations inKigali. 700 Interahamwe were selected from Kigali town. They went for training for onemonth and returned at the end of December. When they came back, they had weaponsand said they had been trained by Colonel Nkundiye. They said the RPF at the CNDwould not be able to resist them. 549542 Transcript of 3 July 2007 @ 22-23543 Transcript of 3 July 2007 @ 23544 Transcript of 4 July 2007@18; Transcript of 9 July 2007 @ 27545 Transcript of 9 July 2007 @ 27546 Transcript of 4 July 2007@64547 Transcript of 9 July 2007 @ 27548 Transcript of 3 July 2007 @ 24549 Transcript of 10 October 2007 @ 22-2382

camp in Kimihurura. 550 ix. Witness GOB385. Witness AWD first became aware of military training of the Interahamwe inearly 1993. He observed Interahamwe undergoing training at the Presidential Guard386. The Interahamwe underwent training since 1992. They started training in theKabuga building in Kigali and later were trained at military camps in Mount Kigali,Mount Jali, Gako, and Mutara. The Interahamwe who received training told him aboutit. 551387. Between March and April 1992, he was told about the training when buyingdrinks for Andre Nzabanterura (Interahamwe President in Kimihurura secteur), ClaudeNshimiye, and Emmanuel, son of Segahondo. They told me they had just returned fromGako camp. They said they had been trained by EMI, a special group of gendarmes.They had been taught to handle weapons and military cords. 552388.The Interahamwe were trained by reservist soldiers and Presidential Guard,including Sgt. Sebitabi, who was President of Interahamwe in Kimisagara secteur, andCorporal Miyaya in Rugenge secteur. 553x. documentary evidence389. In a handwritten letter dated 13 February 1993 to President Habyarimana,Mathieu Ngirumpatse said that the political bureau had called for the setting up ofdefence groups among the displaced persons and in the prefectures under threat. He says,―In my opinion the young people should be trained urgently (secretly, of course).‖ 554c. Defence evidence390. Joseph Nzirorera will testify that he had no knowledge of military trainingof Interahamwe before the death of President Habyarimana.550 Transcript of 9 November 2007 @ 20551 Transcript of 22 October 2007 @ 29552 Transcript of 22 October 2007 @ 30553 Transcript of 22 October 2007 @ 31554 Exhibit P2783

4. Distribution of Weapons to Interahamwea. Indictment24.5 In furtherance of this conspiracy Mathieu NGIRUMPATSE ordered,facilitated or assisted the distributions of weapons to Interahamwe during1993 and in early 1994 and also ordered or assisted the concealing ofstockpiled firearms so that they would not be removed pursuant to theKWSA [Kigali Weapons Secure Area], a disarmament initiative launchedby UNAMIR, intending that such weapons would later be distributed toMRND-Interahamwe.b. Prosecution evidencei. Witness G391. The distribution of weapons was also for the purpose of protecting MRNDofficials. He was not aware of any steps taken by the Interahamwe for the importation ofmachetes. He was not aware of any plan for the Interahamwe to use traditional weaponsto kill Tutsi. 555protection. 556With the arrival of the RPF battalion, the MRND officials needed392. In the second half of 1993, the Interahamwe received 800 firearms from theMinistry of Defence. 557400 of them were given to President Robert Kajuga, whodistributed the majority of them to Interahamwe leaders in various secteurs in Kigali. 558400 of them went to Emmanuel Turatsinze, who worked at MRND and was a go-betweenbetween Ngirumpatse and Kajuga. 559393. Turatsinze was an MRND driver. 560 He was not all that honest, since he hadstolen weapons from MRND and sold them to FRODEBU. 561He disappeared after thesale of these weapons between October and December 1993 and was not seen again. 562394. When UNAMIR arrived and enforced a weapons ban, Ngirumpatseconvened a meeting of the Interahamwe committee and told them to hide the weapons.Subsequently, Ngirumpatse would be tipped off by General Ndindiliyimana when555 Transcript of 17 October 2005 @ 28556 Transcript of 17 October 2005 @ 29557 Transcript of 10 October 2005 @ 59; Transcript of 11 October 2005 @ 19558 Transcript of 10 October 2005 @ 60559 Transcript of 11 October 2005 @ 22-23560 Transcript of 17 October 2005 @ 53561 Transcript of 17 October 2005 @ 53562 Transcript of 17 October 2005 @ 53-54; Transcript of 18 October 2005 @ 284

UNAMIR would be conducting weapons searches and he would inform theInterahamwe. 563395. There was a distribution of weapons before this by Colonel Bagosora topeople in the communities of the north to be used for protection against RPF attacks. 564396. During an MRND rally at Nyamirambo Stadium on 16 January 1994,Ngirumpatse denied that the MRND was distributing weapons or carrying out militarytraining. 565 The MRND leaders were afraid of being assassinated with the RPF battalionin Kigali, which is why they took Interahamwe as guards. 566ii. Witness UB397. Witness UB testified that Jean Pierre Turatsinze received 600 weaponsbefore 1994 from the Chief of Staff of the Army. 567 Turatsinze told him this himself. Hewas treasurer and coordinator of Interahamwe at the national level. The guns were storedat the public works department, where President Habyarimana’s brother in law was incharge. Then they were moved to Kimihurura to the residence of Kubwimana from Tabacommune. They were for distribution to Interahamwe. 568 The MRND moved theweapons so they would not be discovered by UNAMIR. 569 Turatsinze did not tell himwho had ordered that the weapons be moved, but he could not have done so withoutapproval of his superiors in the MRND executive committee. 570398. His first conversation with Turatsinze about the weapons was in June 1993 atTuratsinze’s mother’s house. No one else was present. Turatsinze confirmed that theInterahamwe had distributed weapons to some of its members in Witness UB’s secteur. 571He also confirmed that the Interahamwe had already undergone military training. 572399. His second conversation with Turatsinze took place in July 1993 at thesecteural office. Again they were alone. Turatsinze said that the Interahamwe were nowin a strong position. They did not discuss the distribution of weapons or the military563 Transcript of 11 October 2005 @ 20564 Transcript of 13 October 2005 @ 6565 Transcript of 11 October 2005 @ 39566 Transcript of 18 October 2005@ 11567 Transcript of 24 February 2006@ 12568 Transcript of 24 February 2006@ 14569 Transcript of 24 February 2006@ 15570 Transcript of 24 February 2006@ 20571 Transcript of 2 March 2006@ 33572 Transcript of 2 March 2006@ 3485

training. 573 In August 1993, he was told by Turtasinze that the weapons had been storedat the Roads Department led by Alphonse Ntilivamunda and then at a building owned bySilas Kubwimana. 574400. He was later told by Jean Habyarimana in October or November 1993 thatTuratsinze had sold some 480 of the weapons to FRODEBU and that this had causedfriction between Ngirumpatse and Nzirorera. 575iii. Witness T401. Turatsinze and #1 of the Interahamwe committee distributed arms toInterahamwe in around December 1993. 576402. At the end of December, 1992, or early January, 1993, Witness T received afirearm from Turatsinze. At the end of January or beginning of February, Turatsinzerequested the firearm back, saying that he was being accused of not having distributed thearms. 577 The distribution of arms was coordinated between Ngirumpatse and Nziroreraand the commanders of the Army, and the guns came from the Rwandan Army. 578Turatsinze left for Tanzania sometime later. 579403. He did not see stocks of weapons stored at any MRND offices. 580404. Ngirumpatse said that any Interahamwe caught by UNAMIR with a weaponcould not count on the support of the MRND. 581iv. Witness HH405. Witness HH testified that Turatsinze brought firearms to the home of SilasKubwimana. Kubwimana wanted the guns moved that day. 582 Turatsinze assured him inWitness HH’s presence that he had received authorization to distribute them. 583 It alsoappeared from their discussion that Nzirorera had discussed it with the Army Chief of573 Transcript of 2 March 2006@ 36574 Transcript of 2 March 2006@ 38575 Transcript of 2 March 2006@ 39-40576 Transcript of 24 May 2006 @ 21577 Transcript of 24 May 2006 @ 22578 Transcript of 24 May 2006 @ 22-23579 Transcript of 24 May 2006 @ 35580 Transcript of 24 May 2006 @ 23581 Transcript of 24 May 2006 @ 30582 Transcript of 8 November 2006 @ 52583 Transcript of 8 November 2006 @ 5386

Staff Deogratias Nsabimana and that these firearms had been taken from the warehousewhere UNAMIR had stored them. 584406. The firearms were distributed to the Presidents of all of the secteurs in Kigaliexcept one, Andre Nzabanterura, who received the firearms much later. 585 480 guns weredistributed. 586 The firearms were old ones, and were distributed without magazines. 587Two days after they completed distributing the firearms, Witness HH and Turatsinze metwith Nzirorera, who authorized the MRND accountant, Francois, to give Witness HH anallowance for the work. 588407. The purpose of the distribution of weapons was to protect MRND militantsfrom possible assault from infiltrators and RPF soldiers. 589 People were saying that withthe installation of the RPF battalion at the CND, hostilities may resume. 590408. About three weeks to a month after the distribution of the firearms,Turatsinze asked for the firearms back. 591 As of 11 January 1994, there had already beentalk about Turatsinze having sold the firearms to FRODEBU. 592409. Turatsinze informed him that he had taken back the firearms he haddistributed to the Interahamwe and sold them to FRODEBU. Therefore, he was nottrusted. 593 Some firearms were stored at MRND party headquarters. UNAMIR searchedthe MRND party headquarters, but did not find them. Rutaganda collected theseweapons from party headquarters after the death of President Habyarimana anddistributed them to Interahamwe to go and loot Magerwa. 594410. Turatsinze disappeared in late February. 595 The distribution of firearms hadtaken place between the death of the President of Burundi and the arrival of the RPFbattalion in Kigali. 596584 Transcript of 8 November 2006 @ 54585 Transcript of 8 November 2006 @ 54586 Transcript of 8 November 2006 @ 55587 Transcript of 17 November 2006 @ 13588 Transcript of 8 November 2006 @ 55589 Transcript of 8 November 2006 @ 56590 Transcript of 8 November 2006 @ 56591 Transcript of 17 November 2006 @ 14592 Transcript of 17 November 2006 @ 16593 Transcript of 9 November 2006 @ 7594 Transcript of 9 November 2006 @ 7595 Transcript of 8 November 2006 @ 55596 Transcript of 8 November 2006 @ 5687

him. 599 414. Turatsinze said he distributed weapons in his own car, a white sedan, as wellv. Frank Claeys411. Frank Claeys testified that Turatsinze said that he could provide the locationof a major weapons cache with at least 135 weapons and that he had already distributed110 weapons, including 35 with ammunition and can give details on their location. Hewas ready to go to the arms cache that night if he could be guaranteed protection forhimself, his wife, and four children. He wanted safe haven in an embassy and thenpolitical asylum in another country. 597412. The second time he met Turatsinze was on the evening of 12 January 1994.Turatsinze explained that he was late for the meeting because he had been with theMRND President who had urged Turatsinze to accelerate the distribution of weapons. 598413. Turatsinze explained that he had already distributed weapons to the 25secteur commanders, but that they had not distributed them to the lower levels. Thatwould require an order from him. He also could order that the weapons be returned toas six minibuses belonging to the MRND or vehicles of the security services of theArmy. 600 He said that the weapons were moved every 5 or 6 days. He also said thatgrenades had been distributed a long time ago and that up to 60 Interahamwe per secteurshould have 2-3 grenades each. 601415. At the end of the meeting on 12 January, Turatsinze offered to prove hisreliability by showing UNAMIR weapons which were stored at MRND headquarters. 602Claeys and Deme drove Turatsinze to the party headquarters. Claeys waited in the carwhile Turatsinze took Deme inside. When Deme returned, he said that he had seen 50weapons in canvas bags with sealed boxes of ammunition in a shed on the property. 603416. Turatsinze did not tell them on 10 January that the weapons were stored atthe MRND headquarters. 604 He told them there were 135 weapons on 10 January, and597 Transcript of 22 November 2006 @ 2598 Transcript of 22 November 2006 @ 8599 Transcript of 22 November 2006 @ 9; Exhibit P42 @ para. 4600 Transcript of 22 November 2006 @ 9; Exhibit P42 @ para. 4601 Transcript of 22 November 2006 @ 10; Exhibit P42 @ para. 4602 Transcript of 22 November 2006 @ 11603 Transcript of 22 November 2006 @ 11-12; Exhibit P42 @ para. 8604 Transcript of 27 November 2006 @ 2388

when he showed them the weapons on 12 January at the MRND headquarters, CaptainDeme observed about 50. Turatsinze did not distribute any weapons between 10 and 12January. Therefore it is possible that the 135 weapons were stored at some place otherthan the MRND headquarters. 605417. Turatsinze had the ability to move weapons around, and had offered to movesome of the weapons from his home to the MRND headquarters if UNAMIR was goingto stage a raid there. 606418. Turatsinze told Claeys that he was able to order the return of previouslydistributedweapons to him. Turatsinze never told Claeys that on 11 January 1994, hehad issued a communiqué over RTLM calling for an urgent meeting of the Interahamwesecteur Presidents to be held at MRND headquarters in Kimihurura. 607419, For all Claeys knows, Turatsinze could have put the weapons at the MRNDheadquarters on the evening of 12 January before showing them to UNAMIR. 608 Claeysnever determined that Ngirumpatse or Nzirorera were aware of the presence of weaponsat MRND headquarters. 609420. On 12 January, Turatsinze offered to provide them the next evening withlicense numbers of vehicles used for arms distribution and a few of the sites where armscaches are located. 610421. On the evening of 13 January, he and Deme again met with Turatsinze. 611He provided them with three license numbers of cars used to transport weapons.Turatsinze offered to move some weapons from his home to the MRND offices toincrease the number of weapons there if they mounted an operation there. 612422. Turatsinze said that most of the weapons he had were brand new. He saidthat only a few of the weapons he had distributed had magazines or ammunition and605 Transcript of 27 November 2006 @ 23-24606 Transcript of 27 November 2006 @ 24; Exhibit P44607 Transcript of 27 November 2006 @ 24,30; Exhibit DNZ-242608 Transcript of 27 November 2006 @ 30609 Transcript of 27 November 2006 @ 31610 Transcript of 22 November 2006 @ 12; Exhibit P42 @ para. 10611 Transcript of 22 November 2006 @ 19612 Transcript of 22 November 2006 @ 21; Exhibit P4489

those distributed to the lower cells had no magazines. 613 He said that the weaponsdistribution had begun about a month before (December). 614423. Turatsinze said he had a list of around 2000 Interahamwe, but he neverprovided or showed that list. He did show them three places where he said weapons werestored. 615 However, Claeys did not see weapons at these locations. 616424. Turatsinze also told them on 20 January that he had distributed 9 of theweapons in a blue Pajero belonging to Prefet Renzaho. 617425. Claeys met with Turatsinze on 10 February. Turatsinze told him how he andthe Chief of Staff of the Gendarmerie had secured the return of a weapon seized from anInterahamwe. 618 UNAMIR never attempted to verify this information with the chief ofstaff, although Colonel Marchal was in daily contact with him. 619vi. Jean Bosco Twahirwa426. Twahirwa testified that he often saw Mathieu Ngirumpatse at EstablishmentRwandais, as he was the company’s lawyer. He was never part of a conversationbetween Ngirumpatse and Bandali, but on one occasion, as Ngirumpatse was leaving, heoverheard Ngirumpatse ask Bandali, ―What is the status of the order?‖ 620 Bandalianswered that he was waiting for the outcome or follow up. 621427. Twahirwa came to know that Establishment Rwandais was involved in theimportation of arms when one day he took a fellow employee, Dudule Rahamatali, to theairport in his company Land Rover. When they arrived at the airport, Dudule pointed outa plane where it was written ―Romanian Airlines‖. He said that the plane transportedarms, which were unloaded at night. 622428. Twahirwa asked Dudule how he knew. Dudule told him that there werecrates on which it was written ―spare parts‖ and one day one of the crates had fallen tothe ground and split, whereupon Dudule observed that there were weapons inside.613 Transcript of 22 November 2006 @ 21614 Transcript of 22 November 2006 @ 22;615 Transcript of 22 November 2006 @ 23616 Transcript of 22 November 2006 @ 24617 Transcript of 22 November 2006 @ 26618 Transcript of 22 November 2006 @ 32619 Transcript of 27 November 2006 @ 75620 Transcript of 25 June 2007 @ 11621 Transcript of 26 June 2007 @ 3622 Transcript of 25 June 2007 @ 20-2190

Dudule showed Twahirwa a document where weapons were listed as spare parts, andasked Twahirwa to keep it a secret. 623429. Twahirwa said that he saw the crates at about 2 p.m. 624 When confrontedwith his prior statement that the weapons arrived in the evening at 10 p.m. and weredistributed the next morning 625 , Twahirwa explained that Dudule told him that they hadalready taken some of the crates away, and those that remained would be taken away thefollowing night. 626430. Dudule secretly gave him a copy of the cargo manifest for the shipment. Itwas written that they were spare parts from Romania. 627 He kept the document until thewar broke out, but left it at home when he fled to the Mille Collines. 628 He neverprovided a copy of the document to RPF Captain Karamba. 629431. The plane was a large cargo plane. Twahirwa could only read the words―Romanian Airlines‖ on the plane. 630 When confronted with the fact that the nationalairline of Romania was called ―TAROM‖, Twahirwa said he may have been mistakenabout what was written on the plane. 631432. Twahirwa alternately claimed that the manifest said ―spare parts fromRomania‖ 632 and that he never said that the manifest listed that the cargo was fromRomania. 633433. Dudule was like a special assistant to Bandali. This incident occurredtowards the end of 1993. Twahirwa saw the crates when he dropped Dudule off at theairport. They were about 20 meters away. 634 There were about 10 wooden crates ofapproximately 4 cubic meters and the words ―spare parts Establishment Rwandais‖ werewritten on them. 635623 Transcript of 25 June 2007 @ 21624 Transcript of 2 July 2007 @ 8625 Exhibit DNZ-306626 Transcript of 2 July 2007 @ 9627 Transcript of 28 June 2007 @ 23628 Transcript of 28 June 2007 @ 28629 Transcript of 28 June 2007 @ 28630 Transcript of 28 June 2007 @ 30; Transcript of 2 July 2007 @ 16631 Transcript of 2 July 2007 @ 17; Exhibit DNZ-304632 Transcript of 28 June 2007 @ 23633 Transcript of 2 July 2007 @ 19634 Transcript of 25 June 2007 @ 21635 Transcript of 25 June 2007 @ 2291

434. The crates were 1.8 to 2 meters tall, 1.8 to 2 meters long and 1.2 to 1.5meters wide. 636435. Twahirwa testified that he observed the crates prior to the assassination ofPresident Ndadaye of Burundi. 637 In one of his previous statements, he had said that itoccurred after the death of Ndadaye. 638 He later agreed that it was in fact after the deathof Ndadaye. 639436. Twahirwa’s OTP statement of 2 September 1998, which he signed, faithfullyrecorded what he said to the investigators. He did not say he had seen the crates at theairport because he was not asked any question in that regard. 640437. Dudule told him that the weapons were imported on the orders ofNgirumpatse and Bosco Sezirahiga, who ran a transport company called TAC. Dudulehad been given the task of unloading and distributing the weapons, but never said he hadparticipated in ordering them. No one else was present when Dudule told him about theimportation. 641438. Twahirwa testified that Dudule never told him which among Ngirumpatse,Bandali, and Sezirahiga had ordered the weapons and which had financed the purchase ofthe weapons. 642 However, in his signed statement of 2 September 1998, he had said thatNgirumpatse placed the orders and Bandali and Sezirahiga provided the funds. 643439. Dudule told him that he would take the crates to Kimihurura toNdindiliyimana’s house and the arms would subsequently be distributed to theInterahamwe in Gitikinyoni, Muhima, and elsewhere, particularly at Habyarimana’s sisterGodlieve’s house. Those are the only persons he mentioned. 644440. Twahirwa said that Dudule said that the weapons were given to SeraphinRwabukumba and President Habyarimana’s sister, Godlieve, who was a nun. Godlievelived in Kanombe near the house of the President. 645636 Transcript of 2 July 2007 @ 23-24637 Transcript of 28 June 2007 @ 16638 Transcript of 28 June 2007 @ 17639 Transcript of 28 June 2007 @ 21640 Transcript of 26 June 2007 @ 56641 Transcript of 25 June 2007 @ 22642 Transcript of 2 July 2007 @ 20643 Transcript of 2 July 2007 @ 21; Exhibit DNZ-306644 Transcript of 25 June 2007 @ 24645 Transcript of 2 July 2007 @ 2492

441. Twahirwa testified that Dudule told him the weapons were transported byEstablishment Rwandais drivers in the company’s lorry. 646 However, in his signedstatement of September 1998, Twahirwa said that the weapons were transported byMathieu’s driver, Gerard Rutayigirwa. 647 In a later interview, he said that he couldn’t saywhether Mathieu’s driver transported the weapons. 648442. Twahirwa testified that he only knew of one time when weapons wereimported by Establishment Rwandais and that he only heard Ngirumpatse and Bandalirefer to ―the order‖ on one occasion. 649 He denied the statement attributed to him in hisFebruary 2004 OTP interview that ―I heard Mathieu Ngirumpatse discussing the matterwith Bandali in his office on at least three occasions and that is why I think theconsignments came at least three times.‖ 650443. Twahirwa never reported the importation of weapons to UNAMIR, the RPF,or the leaders of the PL party. 651 He never mentioned seeing the weapons himself in hisstatements of September 1998 and interviews of June 2003 and February 2004, andclaimed that he was not asked the right questions. 652444. After the war, around the end of May 1994, Twahirwa guided RPF soldiersto the house of Seraphin Rwabukumba in Rwakibu. He observed what appeared to be thesame crates he had seen at the airport in which it was written ―spare parts EstablishmentRwandais‖. Inside, he saw light weapons such as Kalashnikovs. 653 He saw four crates ofbroken down firearms—parts of firearms. 654 One crate was open and there were stillquite a few firearms inside. The other three crates were closed. 655 Twahirwa latertestified that the crates were open and ―it wasn’t the soldiers or myself who opened the646 Transcript of 2 July 2007 @ 21647 Transcript of 2 July 2007 @ 22; Exhibit DNZ-306648 Transcript of 2 July 2007 @ 22-23; Exhibit DNZ-303649 Transcript of 2 July 2007 @ 13650 Transcript of 2 July 2007 @ 15; Exhibit DNZ-303651 Transcript of 2 July 2007 @ 25652 Transcript of 2 July 2007 @ 27; Exhibits DNZ-303, 306, 307653 Transcript of 25 June 2007 @ 25654 Transcript of 26 June 2007 @ 55655 Transcript of 26 June 2007 @ 5593

CND. 662 447. On cross examination, Witness AWE claimed that the conversation was onlycrates‖. 656 The only person he could name who was present was an RPF soldier by thename of Karasinga. 657445. Dudule Rahamatali was killed during the genocide. 658vii. Witness AWE446. Witness AWE testified that Jean Habyarimana told him, in a group ofpeople, that in 1993 MRND ordered weapons from Europe and that some of the weaponshad been delivered to the Interahamwe. 659 This could only have been done with theapproval of Ngirumpatse. 660 The conversation with Jean Habyarimana took place in2004. 661 In his statement of 2004, he claimed that Habyarimana told him that weaponswere distributed to the Interahamwe on the same day that the RPF battalion arrived at thebetween him and Jean Habyarimana and no one else was present when Habyarimana toldhim that, although in the prison many people can overhear. 663viii. Witness AWD448. Witness AWD testified that Turatsinze was charged with taking weaponshidden at the public works department, then moved to Kubwimana’s. He took them toCyangugu and sold the weapons to some people in Nyangoma. In fact he had decived theMRND party and subsequently fled. 664 Turatsinze sold the weapons to the Burundians. 665449. Witness AWD claimed that Nzirorera was in charge of the Public WorksMinistry at this time. 666 c. Defence evidence450. Joseph Nzirorera will testify that he was not aware of the distribution ofweapons to Interahamwe.656 Transcript of 2 July 2007 @ 9657 Transcript of 2 July 2007 @ 26658 Transcript of 25 June 2007 @ 26659 Transcript of 4 July 2007@18660 Transcript of 4 July 2007@20-21661 Transcript of 5 July 2007 @ 4662 Transcript of 5 July 2007 @ 6663 Transcript of 9 July 2007 @ 39664 Transcript of 10 October 2007 @ 27665 Transcript of 9 November 2007 @ 26666 Transcript of 9 November 2007 @ 2694

451. Georges Rutaganda will testify that he became aware of the distribution ofweapons after the fact and that he did not distribute weapons to Interahamwe eitherbefore or after the death of President Habyarimana.452. Witness 29 will testify that he was not aware of the distribution of weaponsto Interahamwe until after the death of President Habyarimana and could therefore nothave told Witness UB about it in 1993. He also knew nothing about importation ofweapons from Romania and never told Witness AWE about that.453. Alphonse Ntilivamunda will testify that he was not aware of weapons beingstored at Road Department facilities.454. Abdulmohamed Bandali and Jean Bosco Sezirahiga will testify that thetestimony of their involvement in importation of weapons is completely false.455. Karemera Witness ETK, who worked in the Department of Air Operationsfor Air Rwanda at the Kanombe Aiport in Kigali until April 1994, had no knowledge of aRomanian airline ever servicing Kigali airport. 667456. Seraphin Rwabukumba and Sister Godlieve Barushwanubusa will testifythat they never were aware of importation of weapons from Romania and never storedsuch weapons at their residences.457. Tharcisse Renzaho will testify that Turatsinze never used his vehicle forany purpose, let alone distribute weapons.458. Seraphin Twahirwa will testify that he never distributed weapons toInterahamwe before the death of President Habyarimana.459. Witness ALL-42, whose testimony from the Bagosora et al trial wasadmitted pursuant to Rule 92 bis, testified that Turatsinze was collaborating with the RPFat the time he provided the information to UNAMIR. 668460. Colonel Luc Marchal, whose testimony from the Bagosora et al case wasadmitted pursuant to Rule 92 bis, testified that he began to have doubts about thecredibility of information or the informant, Jean Pierre, in 2005 based on variousobjective elements that became public. 669 Marchal testified that he could not exclude thehypothesis that the introduction of an informant, Jean-Pierre, to UNAMIR was a667 Transcript of 11 November 2008 @ 35668 Exhibit DNZ-517; Transcript of 9 November 2006 @ 1-3669 Exhibit DNZ-520; Transcript of 30 November 2006 @ 3295

manipulation by Faustin Twagiramungu, an open opponent of Habyarimana, to embarrassPresident Habyarimana or the hypothesis that Jean-Pierre was an agent of the RPF andthat his revelations to UNAMIR were a manipulation by the RPF to embarrass PresidentHabyarimana. 670465. Witness 22a, a former UNAMIR officer, will testify as to the observation ofweapons at the MRND headquarters by UNAMIR and the circumstances surrounding theinformation ptovided to UNAMIR by Jean-Pierre Turatsinze.5. Lists of Tutsis to be killeda. Indictment24.7 During late 1993 and early 1994, Mathieu NGIRUMPATSE chairedmeetings of the National Committee of the Interahamwe in Kigali. Atthese meetings, Mathieu NGIRUMPATSE, in concert with otherInterahamwe leaders, prepared lists of persons to be killed and planned akilling campaign against Tutsis and moderate Hutus.b. Prosecution evidencei. Witness G466. Witness G, the treasurer of the National Committee of the Interahamwe, wasnot aware of the preparation of lists of persons to be killed, or of any campaign to killTutsis and moderate Hutus. 671ii.Witness UB467. Witness UB testified that in 1994, he was informed by the responsibles of hiscellule that the Interahamwe were creating lists of Tutsi families in his secteur. 672Interahamwe at cellule level made lists of Tutsi and transmitted the results to superiorbodies, up to the executive committee of the MRND. 673The census was necessarybecause the bourgmestres and conseillers who were MRND members were sufficientlyindependent of the MRND that they would not provide the party with access to records ofThe670 Exhibit DNZ-520; Transcript of 30 November 2006 @ 32671 Transcript of 18 October 2005 @ 5; Exhibit #DNZ-15B672 Transcript of 2 March 2006@ 43-44; Exhibit #DNZ63673 Transcript of 24 February 2006@ 10-1196

of people to kill. 675 iii. Witness Tethnic identity. 674 When the killing began in April 1994, soldiers went around with lists468. Witness T was unaware of any lists of Tutsis compiled by Interahamwe. 676iv. Witness HH469. Witness HH testified that at the instruction of Turatsinze, the Presidents ofthe Interahamwe at secteur level compiled lists of Tutsis who had sent their children to betrained by RPF or those Tutsis who said things against our party. 677 Turatsinzeforwarded the lists to the Secretary General of the MRND. 678 Lists had been drawn upcontaining the names of wanted people. And those were the people who were flushed outand killed after 6 April. 679470. They were first asked to compile these lists at the end of 1992. Turatsinzegave the instructions at meetings of the Kigali secteur Interahamwe presidents. 680 Thelists included Tutsi who held meetings at night, had sent their children to be trained byRPF, and those who gave money. 681 Not all Tutsis were on the list, and he was neverasked to register all Tutsis in Kigali. There were also Hutus on the list who were opposedto MRND. 682 While he believed the lists were forwarded to Nzirorera, he neverpersonally observed this. 683v. Frank Claeys471. Colonel Frank Claeys testified that Jean Pierre Turatsinze said that sinceUNAMIR’s mandate, he had been ordered to make an inventory of the houses of all Tutsiin Kigali. The inventory was still in process and therefore he could not give a copy toUNAMIR. Turatsinze said he suspects it is for their extermination. He also said hispersonnel could kill up to 1000 Tutsis in 20 minutes. 684674 Transcript of 2 March 2006@ 45675 Transcript of 24 February 2006@ 11676 Transcript of 7 June 2006 @ 19677 Transcript of 8 November 2006 @ 60678 Transcript of 8 November 2006 @ 60679 Transcript of 9 November 2006 @ 13680 Transcript of 17 November 2006 @ 18-19681 Transcript of 17 November 2006 @ 19682 Transcript of 17 November 2006 @ 20683 Transcript of 17 November 2006 @ 21684 Transcript of 21 November 2006 @ 65; Exhibit DNZ-15 @ para. 697

lists. 690 475. Those in attendance at the meetings included Amri Karekezi, Jean472. Claeys had no information concerning the existence of such lists prior tomeeting Turatsinze or after meeting Turatsinze. 685 Turatsinze told them that he―suspects‖ the lists are for the extermination of Tutsis. He had apparently never beenexplicitly told this explicitly by MRND leaders. 686 Turatsinze had apparently neverbeen instructed to train Interahamwe to exterminate Tutsis. 687 Turatsinze never toldClaeys that Interahamwe had been trained in such things as how to approach houses inthe middle of the night, how to enter locked premises, or how to neutralize the head ofthe household. 688473. Turatsinze never showed UNAMIR these lists. They asked him for theselists at every meeting, and Turatsinze always responded, ―Where is my security?‖ 689vi. Witness AWE474. Witness AWE testified that at a meeting at the Kabuga building in August1993. Nzirorera said that they had to draw up lists of Inkotanyi accomplices and givethem to an MRND employee who was performing that duty on a regular basis. WitnessAWE could not name the employee. He did not comply with the request to compileHabyarimana, Jacques Rusirare, Gabriel Mbaryehe, Kandekwe, Stany Mbonimana,Francois Gahigi, Odette Nyaribagenzi, Euphasie Kamatumu, and Celestin Sezibera. 691c. Defence Evidence476. Joseph Nzirorera will testify that he was not aware of any lists of Tutsiscompiled by MRND or the Interahamwe.477. Georges Rutaganda, Witness 31, and Seraphin Twahirwa, will testifythat they were not aware of any lists of Tutsis compiled by MRND or the Interahamwe.478. Witness 29 will testify that he was not aware of any lists of Tutsis compiledby MRND or the Interahamwe and never attended the meetings claimed by WitnessAWE.685 Transcript of 27 November 2006 @ 2, 31686 Transcript of 27 November 2006 @ 16687 Transcript of 27 November 2006 @ 16688 Transcript of 27 November 2006 @ 16689 Transcript of 27 November 2006 @ 31690 Transcript of 9 July 2007 @ 28691 Transcript of 9 July 2007 @ 19-2098

479. Francois Gahigi will testify that they never attended the meetings claimedby Witness AWE.480. Pierre Nsengiyumva and Ibrahim Nzarigezahe, responsables fromBilyogo secteur, will testify that, contrary to the testimony of Witness UB, they nevercompiled lists of Tutsis in their cellule.481. Witness ALL-42, whose testimony from the Bagosora et al trial wasadmitted pursuant to Rule 92 bis, testified that Turatsinze was collaborating with the RPFat the time he provided the information to UNAMIR. 692482. Colonel Luc Marchal, whose testimony from the Bagosora et al case wasadmitted pursuant to Rule 92 bis, testified that he began to have doubts about thecredibility of information or the informant, Jean Pierre, in 2005 based on variousobjective elements that became public. 693 Marchal testified that he could not exclude thehypothesis that the introduction of an informant, Jean-Pierre, to UNAMIR was amanipulation by Faustin Twagiramungu, an open opponent of Habyarimana, to embarrassPresident Habyarimana or the hypothesis that Jean-Pierre was an agent of the RPF andthat his revelations to UNAMIR were a manipulation by the RPF to embarrass PresidentHabyarimana. 694483. Witness 22a, a former UNAMIR officer, will testify as to circumstancessurrounding the information ptovided to UNAMIR by Jean-Pierre Turatsinze. He wasnever able to corroborate the allegation that lists of Tutsis were compiled.6. Fundraising Meeting at Hotel Reberoa. Indictment24.8 Mathieu NGIRUMPATSE and Joseph NZIRORERA participated in fundraisingactivities for the Interahamwe. Particularly noteworthy are severalmeetings organized under the auspices of the MRND political party toarrange collections of money from businessmen and wealthy partymembers. Several of such fundraising and celebratory banquets for theInterahamwe took place at the Hotel L’Horizon Rebero in Kigali in1993 and in 1994. Joseph NZIRORERA organized at least one suchgathering. Persons in attendance included President JuvénalHABYARIMANA, Seraphin RWABUKUMBA, AugustinNGIRABATWARE, Robert KAJUGA, among many other notable692 Exhibit DNZ-517; Transcript of 9 November 2006 @ 1-3693 Exhibit DNZ-520; Transcript of 30 November 2006 @ 32694 Exhibit DNZ-520; Transcript of 30 November 2006 @ 3299

MRND party-members, several of whom made congratulatory speeches.The Prosecutor is unable to provide an exhaustive list of participants or tospecify the dates of the gatherings.b. Prosecution evidencei. Witness G484. According to Witness G, in 1993, a fund raising event was organized by JeanPierre Habyarimana, the son of President Habyarimana at the Rebero Hotel for theInterahamwe. 695President Habyarimana donated 300,000 RWF. Joseph Nzirorerapledged 300,000 RWF. The director of the Rwandan Commercial Bank pledged 200,000RWF. Pasteur Musabe pledged about 500,000 RWF. Augustin Bizimungu and AugustinNgirabatware also pledged some amounts. Seraphin Rwabukumba pledged soundequipment for the rallies. 696485. This event was held in the second half of 1993. It was the only time WitnessG attended such an event at the Rebero Hotel. 697The funds raised at the meeting werefor transportation and equipment at MRND rallies and purchase of MRND uniforms.There was no expectation that funds would be used to help the Interahamwe purchaseweapons or exterminate Tutsis. 698ii.Witness T486. Witness T testified that there was a fund raising event for the Interahamwearound July 1993 at the Rebero Hotel. Nzirorera took the floor and pledgedRWF150,000 and said he would make further contributions. 699487. The Interahamwe obtained most of its funds from contributions from wealthyMRND members, as did the youth wings of the other parties. 700The contributions to theInterahamwe were not clandestine, but MRND members were proud to contribute. Therewas no expectation that these funds would be used to exterminate Tutsi. 701iii.Witness AWD695 Transcript of 17 October 2005 @ 36696 Transcript of 11 October 2005 @ 4697 Transcript of 17 October 2005 @ 29698 Transcript of 17 October 2005 @ 33699 Transcript of 24 May 2006 @ 24700 Transcript of 29 May 2006 @ 15701 Transcript of 29 May 2006 @ 15100

488. Witness AWD testified that in February 1994, there was an outing at theRebero Hotel organized by President Habyarimana to raise money for the Interahamwe,according to what his neighbors had told him. 702c. Defence Case489. Joseph Nzirorera will testify that he was not aware of a fundraising eventfor the Interahamwe held at the Hotel Rebero and that he did not attend. However, evenif he had attended, there was nothing wrong or criminal with supporting the Interahamweat that time.490. Georges Rutaganda will testify that indeed a fund raising event was held atthe Rebero Hotel for Interahamwe. It was held before the 1993 MRND Congress. Hedoes not recall whether Nzirorera was present.491. Michel Bagaragaza, Augustin Bizimungu, and Augustin Ngirabatwarewill testify that they never attended a fund-raising event for the Interahamwe at theRebero Hotel.7. 23 October 1993 MDR rally at Nyamirambo Stadiuma. Indictment25.1 On or about 23 October 1993, in particular, Mathieu NGIRUMPATSE,Jean-Bosco BARAYAGWIZA, among others, participated in a rally atNyamirambo stadium in Kigali where they made speeches thatcharacterized the Tusti as accomplices of ―the enemy‖. The rally includedanimation and pageantry by Interahamwe.b. Prosecution evidencei. Ahmed Mbonyunkiza492. Ahmed Mbonyunkiza testified to hearing the ―Hutu Power‖ speech ofFroudad Karamira at this meeting. He did not hear any speech by Mathieu Ngirumpatseand does not know whether he was present. 703ii.Witness UB493. Witness UB attended this rally. Mathieu Ngirumpatse was not present. 704However, he had encouraged MRND members to attend this demonstration. 705702 Transcript of 10 October 2007 @ 32703 Transcript of 28 October 2005 @ 3101

iii.Witness ALG494. Witness ALG testified that on 23 October 1993, the MRND, MDR, CDR,PSD and PL parties organized a rally and march in Nyamirambo stadium after the deathof the President of Burundi. 706 Among the authorities present in the stadium were JeanHabyarimana of MRND and Froudald Karamira of MDR. 707 He does not believe thatMathieu Ngirumpatse was present. 708iv. Witness AWD495. Witness AWD testified that after the death of Ndadaye, the MRND held arally at Nyamirambo stadium and invited leaders of the other parties to call for unity ofHutus. Witness AWD attended that rally. Justin Mugenzi spoke and said those whowere fighting against the Hutus were going to pay dearly. Froudald Karamira spokeabout the problems between the Hutus and Tutsis beginning in 1959 and he finished hisspeech speaking of MDR Power and PL Power. The youth wings came together andchanted songs to exterminate the Tutsis and looted and burnt shops belonging toTutsis. 709496. Edouard Karemera arrived late, and chastised Jean Habyarimana for notsufficiently emphasizing the need for Hutu unity. Witness AWD was with the two ofthem and heard the conversation. Ngirumpatse and Nzirorera were not there. 710 WitnessAWD later testified that Karemera had not chastised Jean Habyarimana, but had told himthat on that day the theme was Hutu unity. Witness AWD could not explain whyKaremera would tell Habyarimana at the end of the meeting what the theme of themeeting was. Witness AWD could not recall the names of any other persons who hadheard that conversation. 711497. Witness AWD claimed that this was the rally where Froudard Karamirachanted the words ―Hutu Power‖ and where Justin Mugenzi had made a speech including704 Transcript of 24 February 2006@ 4-5; Transcript of 3 March 2006@ 16705 Transcript of 23 February 2006@ 55706 Transcript of 26 October 2006 @ 42707 Transcript of 26 October 2006 @ 45708 Transcript of 26 October 2006 @ 46709 Transcript of 10 October 2007 @ 23710 Transcript of 10 October 2007 @ 24711 Transcript of 9 November 2007 @ 22-23102

―Woe unto those who attack the country.‖ He denied the fact that these speeches weremade at different rallies. 712v. Documentary evidence498. The text of Froudald Karamira’s speech is in evidence. 713499. The MRND’s reaction to the assassination of President Ndadaye of Burundiis also in evidence.500. President Habyarimana made a speech broadcast on the radio in which hecalled upon Rwandans to refrain from violence, and not to engage in ethnic or regionalintolerance. He declared a seven day period of mourning in Rwanda. 714501. Joseph Nzirorera authored a communiqué from the MRND party that wasbroadcast on the radio calling upon Rwandans not to let the problems in Burundicompromise peace in Rwanda. 715502. The Interahamwe had scheduled a march and rally to show support for thepeople of Burundi, but the demonstration was cancelled so as to be careful not to attractviolence in the aftermath of President Ndadaye’s assassination. 716c. Defence evidence503. Karemera witness Alain De Brouwer testified that he met Joseph Nziroreraon two occasions in October 1993, just before and then after the death of PresidentNdadaye in Belgium. He had conversations with Nzirorera, and realised that despite theworst fears that had been caused by the military coup d'état, and by the inflow of refugeesto the south of Rwanda, the determination of Nzirorera, who was the new nationalsecretary of the MRND, to respect the Arusha Accords was still solid. He was stilldetermined to comply with the Arusha Accords despite everything. 717504. Karemera witness Jean Marie Vianney Nkezabera, Vice-Chairman of theMDR party for Kigali-ville prefecture, 718 testified that he organized the march on 23October 1993 to Nyamirambo stadium after the death of President Ndadaye. 719 The712 Transcript of 9 November 2007 @ 20-21; Exhibits P5 and P14713 Exhibit #P5, #P272714 Exhibit #DNZ-121, Transcript of 29 May 2006 @ 30-32715 Exhibit #DNZ-122; Transcript of 29 May 2006 @ 37716 Exhibits #DNZ-119, #DNZ-120717 Transcript of 28 April 2008 @ 43718 Transcript of 8 May 2008 @ 44719 Transcript of 8 May 2008 @ 57103

prefet of Kigali only would give a permit for the march if the other political parties wereinvited. 720The speech by Karamira in which he called for ―Hutu power‖ did not reflectthe policy of the MDR party, and he reminded the public that ethnicity had nothing to dowith democracy in his remarks before the rally ended. 721Jean Habyarimana representedthe MRND at that rally. Edouard Karemera, or any other national MRND leader, was notthere. 722It was not possible for Karemera to have arrived at the end of that rally and notbeen noticed in the crowd. 723505. Edouard Karemera testified that he was not present at the 23 October 1993rally at Nyamirambo stadium after the death of President Ndadaye. 724506. Joseph Nzirorera is not charged with anything in connection with this rally.Indeed, he was in Belgium when it was held, and therefore did not attend.rally.507. Witness 29 will testify that none of the three accused attended this rally.508. Tharcisse Renzaho will testify that none of the three accused attended this8. 7 November 1993 MRND rally at Nyamirambo Stadiuma. Indictment25.3 On several occasions in early November 1993, mid-January 1994, mid-31.1 February 1994, and March 1994, Mathieu NGIRUMPATSE addressedpublic gatherings or rallies at Nyamirambo Stadium in Kigali. The ralliesassembled leading politicians that espoused the cause of ―Hutu Power‖and sometimes ended with chants of ―Tubatsembatsembe‖ [―Let usexterminate them‖], referring to the Tutsi. Members of the Interahamweparticipated in the rallies.b. Prosecution evidencei. Witness G509. Witness G attended the MRND rally on 7 November 1993. Joseph Nziroreramade a speech in which he announced the results of elections which had recently beenheld in the demilitarized zone. The MRND won the vast majority of the posts in Byumba720 Transcript of 8 May 2008 @ 57-58721 Transcript of 8 May 2008 @ 59722 Transcript of 8 May 2008 @ 60-61723 Transcript of 13 May 2008 @ 35724 Transcript of 18 May 2009 @ 63104

and Ruhengeri. 725He said that the opposition wanted the transition to go on forever, butthat MRND believed that elections should be held during the next 12 months so that thecountry can be led by people who are elected. He made no reference in his speech totargeting or extermination of Tutsis. 726510. Edouard Karemera spoke at the same rally about the need to compensatepeople who had worked on the cellule committees. His speech made no reference toattacks against or elimination of Tutsis. 727511. Mathieu Ngirumpatse also spoke. He said that he wished there would be nomore violence by the youth in Rwanda. He said that elections were necessary to defenddemocracy and make sure what happened in Burundi did not happen in Rwanda. 728ii.Documentary evidence512. In a UNAMIR report dated 9 November 1993, it was reported that ―theMRND party held a rally yesterday, but all the rhetoric was aimed at supporting theimplementation of the peace process.‖ 729c. Defence evidence513. The texts of the speeches are in evidence as Exhibit DNZ-13, 50, and 51. Itis clear that the speeches were entirely proper and had nothing to do with exterminationof Tutsis. Mr. Nzirorera is not charged in this paragraph. Therefore, he has nothing todefend concerning the meeting of 7 November 1993. Nevertheless, he and otherwitnesses may refer to the meeting in the context of defending the overall allegation thatthe accused incited MRND members to exterminate Tutsis.9. 16 January 1994 MRND Rally at Nyamirambo Stadiuma. Indictment25.3 On several occasions in early November 1993, mid-January 1994, mid-31.1 February 1994, and March 1994, Mathieu NGIRUMPATSE addressedpublic gatherings or rallies at Nyamirambo Stadium in Kigali. The ralliesassembled leading politicians that espoused the cause of ―Hutu Power‖and sometimes ended with chants of ―Tubatsembatsembe‖ [―Let us725 Transcript of 17 October 2005 @ 41726 Transcript of 17 October 2005 @ 46-47; Exhibit #DNZ-50727 Transcript of 17 October 2005 @ 49; Exhibit #DNZ-13; #IDNZ-7(E)728 Transcript of 17 October 2005 @ 51; Exhibit #DNZ-51729 Transcript of 27 November 2006 @ 44; Exhibit DNZ-208105

exterminate them‖], referring to the Tutsi. Members of the Interahamweparticipated in the rallies.b. Prosecution evidencei. Witness G514. Witness G testified that The radio broadcast of the 16 January 1994 speechby Ngirumpatse contains no call to exterminate Tutsis. 730ii.Witness ALG515. Witness ALG testified that he attended the MRND rally in NyamiramboStadium on 16 January 1994. The rally was organized to inform the MRND membersthat the MRND was criticizing the Arusha Accords power sharing provisions. 731Ngirumpatse and Karemera spoke along the same lines, stating that the MRND could notrecognize the RPF power, given that the RPF did not recognize the power of the majoritypeople which was acquired during the 1959 revolution. 732 Justin Mugenzi also spokeduring this rally and said that those who did not recognize the 1959 revolution wouldcome to great misfortune. 733 At the rally, the Interahamwe sang the song, ―Let usExterminate Them‖. 734 iii.Witness AWD516. Witness AWD testified that he attended an MRND rally in mid-Januarywhere Ngirumpatse had invited the leaders of the power wings of the other parties.Ngirumpatse spoke of the events of 1959 and demonstrated the evilness of the Tutsi. Hesaid that given the status of the negotiations, they could not accept that the Tutsis takepower so they could kill and massacre the Hutus. He said the Hutus needed to cometogether to fight against the enemy of the country—the Tutsi. 735517. Ngirumpatse praised the Interahamwe, saying that the white people did notlike them but that they were brave and behaved well. He said if President Habyarimanawas killed like Ndadaye, we would not remain quiet. Witness AWD understood that730 Exhibit #P-14731 Transcript of 26 October 2006 @ 50732 Transcript of 26 October 2006 @ 51733 Transcript of 26 October 2006 @ 51734 Transcript of 26 October 2006 @ 52735 Transcript of 10 October 2007 @ 25106

Ngirumpatse meant that the Tutsis would be exterminated. 736 Witness AWD did not seeNzirorera there. 737518. The transcript of Ngirumpatse’s speech broadcast on RTLM does not reflectthat Ngirumpatse spoke of the Tutsi at all. However, Witness AWD claimed that thebroadcast was only an excerpt of the speech and that the radio stations were careful not tobroadcast the inflammatory parts of speeches on the radio. 738iv. Documentary evidence519. The texts of the speeches of the MRND rally on 16 January 1994, asbroadcast over the radio, are in evidence.520. On 16 January 1994, Justin Mugenzi addressed the rally at Nyamirambostadium sponsored by the MRND. In his speech, he explained the divisions in the PLparty and criticized the Prime Minister for failing to accept the list from his faction. Hesaid the following:―PL is therefore concerned about the sovereignty of the democratic power bornout of the 1959 revolution. Let it be understood one more time: It is written in theBible—Woe to them, woe to them, woe to them. To those who do what? Woe to thosewho neglect the interest of the people, the interests for which Rwandans have fought sohard, reducing them to nothing to please the Inkotanyi. Woe to them.‖ 739521. The speech of Mathieu Ngirumpatse at the MRND rally of 16 January 1994was also broadcast. 740 Minister Andre Ntagerura also addressed this rally. He spoke ofthe failure of the Prime Minister to convene a meeting of the Ministers. He said the 9Ministers of the MRND were all Interahamwe and would remain Interahamwe. 741522. It was reported on Radio Rwanda that MRND Kigali ville President JeanHabyarimana had addressed the 16 January 1994 rally and explained that the members ofthe MRND came from all ethnic groups and from all regions of the country. He calledfor cooperation with other political organizations. 742 In his speech broadcast on RTLM,736 Transcript of 10 October 2007 @ 25737 Transcript of 10 October 2007 @ 38738 Transcript of 12 November 2007 @ 53-55; Exhibit #P-14739 P228 at pp. 13-18, quote at p. 16740 P229, pp. 3-9741 P229, pp. 16-20742 P230, pg. 6107

arms. 746 c. Defence evidenceHabyarimana requested the Interahamwe to be disciplined and leave the rally without anyincidents. 743523. A part of the speech of Edouard Karemera at the 16 January 1994 rally wasbroadcast on Radio Rwanda. He discussed the number of posts allocated to each party inthe BBTG. 744 In his speech broadcast on RTLM, he praised Simon Bikindi, called forelections, representation by the CDR in the BBTG, denied that the MRND wascontrolling the power-wings of the MDR and PL, and CDR party, and said that theMRND was ready to work with those designated to participate in the BBTG. 745524. On 17 January 1994, UNAMIR reported that the MRND had held a majorrally on the previous day. Security was provided by party members having no visible525. Joseph Nzirorera will testify that he attended this rally, but did not make aspeech. The speeches at the MRND rally in January 1994 did not call for exterminationof Tutsi.526. Andre Ntagerura, who made a speech at this rally, will testify that thespeeches at the MRND rally in January 1994 did not call for extermination of Tutsi.527. Witness 29 will testify that the speeches at the MRND rally in January 1994did not call for extermination of Tutsi.528. Justin Mugenzi will testify that he made a speech at the MRND rally inJanuary 1994 and his speech did not call for extermination of Tutsi.529. Agnes Ntamabyaliro, former Minister of Justice and PL Party member,whose testimony from the Bizimungu et al trial was admitted into evidence pursuant toRule 92 bis, testified that she was not present at the 15 January 1994 meeting whereMugenzi allegedly spoke. 747 She heard parts of Mugenzi’s speech on the radio, but fromwhat she heard it was not an incitement to kill Tutsis. 748743 P231, pg 3744 P230, pg. 6745 P231, pp. 5-12746 Exhibit DNZ-387747 Exhibit DNZ-512; Transcript of 22 August 2008 @ 52748 Exhibit DNZ-512; Transcript of 22 August 2008 @ 53108

10. Establishment of RTLMa. Indictment30. Mathieu NGIRUMPATSE, among others, participated in the creationand the financing of the RTLM radio station, which served as a vehicle fordisseminating their extremist ideology.b. Prosecution evidencei. Witness G530. Witness G testified that persons purchased shares of RTLM Radio as aninvestment. It was presented as a company that would make a profit. There was noexpectation that the radio station would be used to encourage the population toexterminate Tutsis. 749 ii. Witness T531. Witness T testified that RTLM began broadcasting in July or August 1993.It was a private company established by an initiative committee consisting of Nahimana,Nzabagerageza, Barayagwiza, Nkezabera, and Serugendo. The committee invited thepublic to buy shares in RTLM and a large number of people did so, including Nzirorera.It was never intended that the RTLM be used to advocate the extermination of Tutsi. 750532. Because Radio Rwanda was controlled by the Ministry of Information, anMDR Ministry, and Radio Muhabura was broadcasting RPF propaganda, there was adesire on the part of those supporting President Habyarimana to have their voice heard aswell. In addition, it was thought that RTLM could be a profit-making venture. 751iii. Documentary evidence533. The statutes of RTLM reveal that it was a private company owned bypersons purchasing shares as an investment. 752b. Defence evidence534. Joseph Nzirorera is not charged with the creation or financing or RTLM.He was one of those who purchased his shares as an investment. He will testify that he749 Transcript of 17 October 2005 @ 37750 Transcript of 29 May 2006 @ 19-20751 Transcript of 29 May 2006 @ 21752 Exhibit DNZ-11109

did not have an extremist ideology, nor did he expect RTLM to have one when hepurchased his shares.535. Ferdinand Nahimana will testify that RTLM was never intended to be usedto encourage or incite the extermination of Tutsis. Its purpose was to turn a profit, aswell as to serve as a means of supporting the Habyarimana regime in the wake of RadioRwanda’s control by the MDR party.c. Other information536. In the Bagosora et al case, the Trial Chamber found that Bagosora,Nsengiyumva and Ntabakuze were among the 1,137 shareholders of RTLM. In particular,Bagosora’s ownership interest appears significant since his 50 shares are amongst thelargest held by a single individual. But there is no evidence that ownership of these sharesgave the Accused any role in RTLM’s operation or in the shaping of its broadcasts. 753C. Post 6 April 1994 Events Not Charged in Indictment1. Assassination of President Habyarimanaa. Prosecution evidencei. Witness ZF537. At approximately 8:45 in the morning of 7 April 1994, he intercepted amessage with the following text:―We inform you that the mission of our reinforced squad was brilliantly successfulagainst the MRND/CDR and the FRODEBU/PALIPEHUTU. You have to knowthat the chief of the country of the South died with his Minister of Plan andMinister of Communication. In the main town, they are shooting in all the streets.It seems that there are also arbitrary arrests in the main town. Remember not onlythe Angola experience that we escaped fortunately and the experience in Liberia.We continue to await the reaction of our friends of the country of the South to giveyou new instructions. The Chief joined Kampala without any problem and thecommunication within his services with our elements inside was achieved in thebest conditions and that with the aid of the Belgian community and the elements ofthe Southern country helped us much for the success of our mission that was noteasy to realize. We thank sincerely all those who contributed to the success of themission of our reinforced squad. We especially congratulate the specialistinfiltrators in the main town for the reorganization of the squad. For each of yoursecteurs, the reinforcement will come to you immediately. The Chief is ready tosupport us strongly and promises to accompany us until the main town. It remainsto know if Bikomagu should agree to attack from the South and then we can meet753 Prosecutor v Bagosora et al, No. ICTR-98-41-T, Judgement (18 December 2008) at para. 642110

RPF was responsible. 759 iii. Witness UBin the main town and then to put an end to the regime of terror in enemy countryand in the South. …courage and remain vigilant. Control the demilitarized zone(all) before the enemy occupies it in the first minutes that the war resumes. TheParapehutu elements have trainings in the enemy country in view to support thegovernment side, but that doesn’t increase anything to that Army which is reducedwithout its Chief and its Chief of Staff. The Chief of Staff was very appreciated bythe troops. Courage our success is irreversible and you can give us an appointmentin the main town shortly.‖ 754538. On the morning of 7 April, another message was intercepted which said:"It is an unforgettable date for us, and even for our ethnic group. If the president ofthe Republic is killed, we can say we are sure of victory. We have heard the voiceof Radio Rwanda saying that the tyrant and the president of Burundi have diedthrough an unfortunate accident. It is not easy for us; we cannot believe it. Theinvincible who defied the evildoers and traitors... the invincible is dead. Briefly,we congratulate the in depth forward action groups. Victory has given us theadvantage over the others; our morale is high." 755539. Another intercepted message said, "The meeting due to be held in Mulinditoday, 7th of April 1994, is cancelled. I thank you and congratulate you for yesterday'soperation. For the time being, the reward is due to you. All units must be on the alert;the war is beginning." 756540. Another intercepted conversation said:"Assign you the mission to complete the project as have specified. The plan isnearly accomplished. The guerrillas (Hutu) have failed, and the Bergeronette(Tutsi) have won the game." 757 A final message intercepted on 7 April said, "Wethought that the 6th of April 1994 plan was going on all right and within theinstitutional framework provided. But the measures taken on the night of the 6thby the authorities and the white person were normal arrangements, unfortunately,the measures taken to avoid any failure were only partially implemented." 758ii.Witness G541. Witness G testified that when he heard of the assassination, he thought the754 Exhibit DNZ-99; Transcript of 17 May 2006 @ 38755 Exhibit DNZ-113; Transcript of 18 May 2006 @ 6756 Exhibit DNZ-114; Transcript of 18 May 2006 @ 8-9757 Exhibit DNZ-115; Transcript of 18 May 2006 @ 11758 Exhibit DNZ-116759 Transcript of 18 October 2005@ 18111

542. Witness UB testified that it was said on the radio that the Inkotanyi had shotdown the plane of President Habyarimana. 760iv. Documentary evidence543. On 7 May 1994, Prime Minister Kambanda sent a letter to UNAMIRoffering to cooperate concerning a Board of Inquiry on the crash of PresidentHabyarimana’s plane. 761c. Defence evidence544. Karemera Witness LLK rejected the suggestion by the prosecution that theCDR participated in the assassination of President Habyarimana because it believed himto be a traitor and called for a coup d'état. 762545. Joseph Nzirorera will testify that he believed the RPF had shot downPresident Habyarimana’s plane and had launched the war with help from the governmentof Uganda.546. Abdul Ruzibiza and Aloys Ruyenzi, former RPA soldiers, whose testimonyfrom the Bagosora et al and Zigiranyirazo trials have been admitted pursuant to Rule 92bis, testified they were part of the RPA contingent in Kigali and were personally awarethat the RPF had assassinated Emmanuel Gapyisi, Felicien Gatabazi, and PresidentHabyarimana. 763547. Witness BRA-1, whose testimony in the Bagsora et al trial was admittedpursuant to Rule 92 bis testified that he was an RPA solider stationed in Mulindi and hadknowledge that the RPF had assassinated Emmanuel Gapyisi, Felicien Gatabazi, andPresident Habyarimana. 764548. Witness ALL-42, whose testimony from the Bagosora et al trial wasadmitted into evidence pursuant to Rule 92 bis, testified that he was a former RPF officialand was aware that the RPF had assassinated Emmanuel Gapyisi, Felicien Gatabazi, andPresident Habyarimana. 765760 Transcript of 6 March 2006@ 13761 Exhibit DNZ-419762 Transcript of 24 April 2008 @ 54-55763 Exhibits DNZ-515, DNZ-516764 Exhibit DNZ-518765 Exhibit DNZ-517112

549. Faustin Twagiramungu, whose testimony in the Ntakirutimana trial wasadmitted pursuant to Rule 92 bis, testified that the shooting down of Habyarimana’sairplane cannot be attributed to people in his own party, or so-called ―extremists‖ withinthe MRND. 766 The shooting can only be attributed to those who were engaged in apower struggle with Habyarimana. 767 He suspected that the RPF were responsible for thecrash. 768 When he was part of Kagame’s government, he proposed to the cabinet that aninvestigation be undertaken to determine how Habyarimana died. 769 The response wasthat he was a man who had died like any other man. 7702. Security Meetings at Kigali Prefecture Officea. Prosecution evidencei. Witness UB550. Witness UB testified that on 10 April, he attended a meeting convened by theprefet at the prefecture office. The bourgmestre of his commune and most conseillerswere present. 771 Also present were soldiers and political party leaders. 772 The meetingbegan at about 9 am and continued to about 2 pm. 773 Each conseiller reported on largenumbers of Tutsi being killed in his secteur. 774 No one at the meeting called for thekillings to stop. Rather, we were told to evacuate the bodies. 775551. This was the first time he had been to the prefecture office since 6 April. 776He listed the persons present. 777552. On 14 April, he attended a prefecture security council meeting. Manypolitical party people attended. Conseillers reported that many women and children werebeing killed. 778 It was said that Kagame and Rwigema had left the country as small766 Exhibit DNZ-514; Transcript of 4 February 2002 @ 145767 Exhibit DNZ-514; Transcript of 4 February 2002 @ 145768 Exhibit DNZ-514; Transcript of 4 February 2002 @ 144769 Exhibit DNZ-514; Transcript of 5 February 2002 @ 37770 Exhibit DNZ-514; Transcript of 5 February 2002 @ 37771 Transcript of 27 February 2006@ 38772 Transcript of 27 February 2006@ 40773 Transcript of 6 March 2006 @ 30774 Transcript of 27 February 2006@ 42775 Transcript of 27 February 2006@ 41; Transcript of 6 March 2006@ 44776 Transcript of 6 March 2006@ 29777 Transcript of 6 March 2006@ 32-37, 40-43; Exhibit #DNZ76778 Transcript of 28 February 2006@ 4113

children and now they were coming back to fight the government. 779soldier. 780This was said by a553. No order was ever given to the Interahamwe to leave the roadblocks and stopkilling. If such an order was given, the conseillers would have been informed so as toexecute that decision. 781At the meeting on 14 April, the conseillers were told to continueputting the ethnic group of the person on any attestations that they were issuing to peoplewho had lost their identity cards. 782They were told that roadblocks should stay and thatpeople who were manning the roadblocks should get organized. 783554. In a broadcast on Radio Rwanda on 14 April 1994, Prefet Renzaho said thatthere had been a meeting at the communal level and the secteur level, and it had beenagreed that they should organise meetings in their area to convince the population thatour country needs peace, needs tranquility, and that this is a major task of thegovernment of Prime Minister Kambanda." 784555. Renzaho also said in that broadcast that ―I would like to warn with my lastenergy some unscrupulous groups noticed in some quarters and who continue toperpetrate shameful acts. I want to tell you that instructions have been given to securitypersonnel so that whoever caught in such barbaric acts of looting or killing be punishedaccordingly." 785556. Renzaho also said in that broadcast that:―We held meetings with parties' representatives at préfecture and communelevels. The meeting was fruitful as we agreed that those who worked closely withthe population should stand and do their best to explain to the population that it isnot those criminal acts which will help us to win the war. On the contrary, theyhave to avoid them so that we may unite and fight against the common enemywho attacked all of us inhabitants of this zone where we used to share everything.It is not through killings we may solve the problem of Inyenzi, Inkotanyi. Wehave to unite and fight that war and fight it quickly." 786557. The prefet also said in this broadcast that779 Transcript of 28 February 2006@ 5780 Transcript of 28 February 2006@ 9781 Transcript of 28 February 2006@ 9782 Transcript of 28 February 2006@ 10783 Transcript of 7 March 2006@ 11784 Transcript of 7 March 2006@ 12; Exhibit #DNZ78785 Transcript of 7 March 2006@ 13; Exhibit #DNZ78786 Transcript of 7 March 2006@ 14; Exhibit #DNZ78114

―I then add that our country needs to have a good image. It is not -- during thisperiod when the international community is against us on this issue, it is not goodto continue to perpetrate unlawful acts. This affects seriously the credibility ofour government. The government is yours as it was appointed according to thelaw and in a manner convenient to many. We need your assistance. You shouldnot overburden your government when it is facing a serious problem to explainquickly to the international community what is happening here in this country andto request the international community to intervene in the Rwandan problem sothat peace may be restored. If you don't do it, it will turn against you, as thingswill not be right. So we beg assistance from all of you, and be reasonable enoughto understand that these detestable acts are not strengthening the government. Onthe contrary, they are embarrassing it while it has its main agenda to work in orderto find a solution to this war. We will not find the solution alone; we will find thesolution with the international community and other friendly countries. So don'tdiscredit yourself, but assist your government so that it may achieve its agendawithout hindrances." 787558. The Prefet also said in that broadcast that instructions have been issued thatcheckpoints on the road should be removed and those perpetrators of crimes should bepunished accordingly. 788Witness UB acknowledged that Prefet Renzaho gave thoseinstructions at the security council meeting of 14 April. 789559. Another security council meeting was held on 16 April. Prefet Renzaho toldthem that the military authorities had decided to create a civil defence program and thatretired soldiers were to be put in charge of the program. The Interahamwe made up thecivil defence program. However, they continued killing Tutsis. 790The prefet said thatthe Tutsis at the Milles des Collines should not be attacked to show the internationalcommunity that Tutsis were still alive. 791560. Prefet Renzaho said at the security meeting of 16 April that he had met withMRND leaders and the chief of the General Staff that participants were to go to theMinistry of Defence and receive arms. 792He had met that morning with Ngirumpatse on787 Transcript of 7 March 2006@ 16-17; Exhibit #DNZ78788 Transcript of 7 March 2006@ 16; Exhibit #DNZ78789 Transcript of 7 March 2006@ 16790 Transcript of 28 February 2006@ 23791 Transcript of 28 February 2006@ 24792 Transcript of 7 March 2006@ 19115

ehalf of the MRND. 793 However, Ngirumpatse was in Gitarama on 16 April, havingmoved with the government on 12 April. 794561. At the security council meeting on 16 April, he asked the Prefet about whatto do with Tutsis who were members of the MRND and Hutus who were members of theRPF. The prefet said that Tutsi members of the MRND were the same Tutsi and Hutuswho had joined the RPF were brothers who had gone astray. 795562. After the security council meeting of 16 April, they went to the Ministry ofDefence where the conseillers were given 5 weapons each. 796 Francois Karera receivedweapons on behalf of the MRND. 797 He was with Bernard Maniragaba and SuediNdayatabi. 798 Bourgmestre Bizimana was also present at the Ministry of Defence whenthe weapons were distributed. 799ii. Witness ALG563. Witness ALG testified that in almost all security council meetings at theKigali ville prefecture after 6 April, the Interahamwe were invited. 800 In one suchmeeting, the prefet ordered that all corpses be collected from the roads. Witness ALGwas present at the meeting when the Prefet said that. 801564. The security meetings held at the prefecture office were for the purpose ofmaintaining security, not to perpetrate killings. At one of those meetings, the Prefetinstructed the conseillers to set up crisis committees comprised of upright citizens at thesecteur level. Witness ALG never heard it said that children should not be sparedbecause Kagame and Rwigema had left Rwanda as small children and now they arecoming back to fight the government. 802793 Transcript of 7 March 2006@ 20794 Transcript of 7 March 2006@ 20-21795 Transcript of 7 March 2006@ 21-22796 Transcript of 28 February 2006@ 24797 Transcript of 28 February 2006@ 25798 Transcript of 7 March 2006@ 22799 Transcript of 7 March 2006@ 22800 Transcript of 26 October 2006 @ 66801 Transcript of 26 October 2006 @ 66802 Transcript of 6 November 2006 @ 34116

565. The security meetings were regularly attended by representatives of themilitary, police, gendarmerie, civilian defence, political parties, and youth wings,including the Interahamwe. 803566. Witness ALG claimed to have seen General Gatsinzi on two occasions atsecurity meetings at Kigali prefecture office in April 1994. 804 He attended meetings atwhich representatives of the Interahamwe were present. 805567. Witness ALG testified that he was not at the prefectural security meeting on10 April 1994 as claimed by Witness UB. 806iii. Witness AWE568. Witness AWE attended a meeting at the Kigali prefecture office on 9 April.Prefet Renzaho said the Inkotanyi had left the CND and were in the process of killing thelocal population and were trying to invade in the town. 807 Renzaho said they should erectroadblocks and that he would give them weapons to be distributed to members of thepopulation. We were given instructions according to which it was necessary to block theroad so that RPF troops should not cross. But after the roadblocks were erected, theInterahamwe were summoned and asked to check ID cards of the Tutsi. The killing ofTutsi had started. 808569. Renzaho told them that the decision to erect roadblocks had been taken inconjunction with Ngirumpatse, Nzirorera, and Karemera. 809570. Renzaho told them to distribute the weapons to people manning theroadblocks in order to prevent the Inkotanyi from entering the town. 810c. Defence evidence571. Joseph Nzirorera will testify that the accused never consulted with or wereconsulted by the prefet concerning roadblocks or other security measures in Kigali.572. Tharcisse Renzaho will testify that the accused never consulted with orwere consulted by the prefet concerning roadblocks or other security measures in Kigali.803 Transcript of 7 November 2006 @ 20804 Transcript of 7 November 2006 @ 19805 Transcript of 7 November 2006 @ 20806 Transcript of 2 November 2006 @ 60-61; Exhibit DNZ-76807 Transcript of 4 July 2007@26808 Transcript of 4 July 2007@27809 Transcript of 4 July 2007@27810 Transcript of 4 July 2007@28117

He will also testify that the security meetings he held were for the purpose of stopping thekilling, not encouraging it.573. Marcel Gatsinzi will testify that contrary to the testimony of Witnesses UBand ALG, he did not attend any security meetings at the prefecture.574. Francois Karera will testify that he never received or distributed weapons.575. Witness 29 will testify that he did not attend any security meetings at theprefecture with the conseillers. He will testify to his own efforts with Prefet Renzaho toorganize local political party leaders to stop the killing.3. 12 April 1994 incitement at Nyabugogo roadblocka. Prosecution evidencei. Witness BDX576. Witness BDX testified that on the day he left Kigali, he was driving thevehicle of Mathias Nyagasaza. 811 He drove the car to Colonel Elie Sagatwa ’s house withJanvier Busugi as his passenger. They did not go inside Sagatwa ’s house, there werepeople outside in their vehicles. At Sagatwa ’s house he observed Zigiranyirazo’s wifeEmma and Nzirorera. 812 Francois Ngirabatware and Colonel Setako were also present. 813Witness BDX did not remember the people who were with Nzirorera. 814577. This was the same day that the government left Kigali. 815578. The people had come together and were looking for ways and means to leaveKigali. Witness BDX was told that members of Nzirorera’s family were to leave. So heapproached Nzirorera and introduced himself. Nzirorera asked him his father’s name andsaid his father was a fan of Nzirorera’s. Nzirorera asked Witness BDX if he had avehicle, and BDX said yes. 816579. Nzirorera agreed for Witness BDX to join his convoy and told him to taketwo people in his vehicle with him. 817811 Transcript of 9 October 2007 @ 26812 Transcript of 5 November 2007 @ 21813 Transcript of 5 November 2007 @ 22814 Transcript of 5 November 2007 @ 22815 Transcript of 5 November 2007 @ 27816 Transcript of 9 October 2007 @ 25817 Transcript of 5 November 2007 @ 22118

580. Nzirorera asked if Witness BDX could take some people in his vehicle. Hegave Witness BDX a man who had just been appointed director of Uprovia and his wifeand child to take in his vehicle. 818581. Janvier Busugi stayed at Sagatwa ’s house when Witness BDX left forGisenyi. Busugi was with a soldier called Zaire, the son of Seyoboka, who was about 28-30 years old. Busugi arrived in Gisenyi a few days later driving Sagatwa ’s whiteMercedes Benz and with ―Zaire‖ as his passenger. 819582. They left from Sagatwa’s house. Nzirorera was in a new green Mercedes.They went by the national bank, the Burundi embassy, towards the Ministry of Financebuilding where they encountered a roadblock manned by Interahamwe. 820 Witness BDXwas third in line from Nzirorera’s vehicle. 821583. Witness BDX had a man in his car who was director or general manager ofOPROVIA, as well as his wife and child—a boy about 8-10 years old. He did not knowthe man’s name. 822584. The convoy included the lead vehicle containing Colonel Setako and twosoldiers, a green Mercedes Jeep containing Nzirorera, the vehicle of Witness BDX, aPajero driven by Francois Ngirabatware with Emma as a passenger, and about two othervehicles. He did not know who was with Nzirorera. 823585. They left and headed down Nyabugogo road and passed three roadblocks.The first was at the Ministry of Finance building and the second was near the Kabugabuilding. They passed through those roadblocks easily. At the third roadblock at theNyabugogo traffic light, the Interahamwe addressed Nzirorera as Mr. President and askedhim if he was leaving them with his soldiers. Nzirorera was bound to lift their spirits, sohe opened the door of his vehicle and stood up and spoke to them. He told theInterahamwe he would send his soldiers back and asked them to be vigilant so that noInyenzi should escape. 824818 Transcript of 9 October 2007 @ 26819 Transcript of 5 November 2007 @ 23, 29820 Transcript of 9 October 2007 @ 26821 Transcript of 9 October 2007 @ 36822 Transcript of 5 November 2007 @ 23-24823 Transcript of 5 November 2007 @ 24-25824 Transcript of 9 October 2007 @ 37; Transcript of 5 November 2007 @ 26119

586. Witness BDX heard this from the driver’s side of his vehicle. There was onevehicle in between his and Nzirorera’s cars. 825587. After crossing the roadblock at the Nyabugogo bridge, the soldiers went backand they continued to Gitarama, encountering a roadblock at Kamonyi and then no otherroadblocks to Gitarama. 826 At Gitarama, they stopped at a petrol station where many carsof Interim Government members were parked. Witness BDX saw Ngirumpatse there.Nzirorera’s convoy continued on towards Gisenyi. They stopped for drinks at Kabayaand at the Mukamira junction he went to Gisenyi and Nzirorera went to his home inRuhengeri. Witness BDX does not recall what happened to the people in his vehicle, buthe proceeded from Mukamira to Gisenyi alone. 827588. When he arrived in Gisenyi, Witness BDX told his cousin, Jean BaptisteNemeyabahizi that he had travelled with Nzirorera’s convoy. 828c. Defence evidence589. Joseph Nzirorera will testify that he never went to Colonel Sagatwa ’shouse after 6 April 1994, that Witness BDX was never part of his convoy, and that henever addressed the Interahamwe at a roadblock.590. Witness 41 will testify that Witness BDX and himself were never at ColonelSagatwa ’s house and did not travel to Gisenyi in Nzirorera’s convoy.591. Witness 47 will testify that he did not travel as part of Nzirorera’s convoy,as claimed by Witness BDX.592. Jean Claude Seyoboka will testify that he traveled with Janvier Busugi andWitness BDX from Kigali to Gisenyi and that they were not part of Nzirorera’s convoy.593. Jean Baptiste Neyemabahizi will testify that upon arrival in Gisenyi,Witness BDX told him he had come from Kigali with the sons of Mathias Nyagasaza.He never said he had travelled with Nzirorera.594. Witness 44, a former Director of Oprovia, will testify that he was part ofNzirorera’s convoy from Kigali to Gisenyi and that he was not driven by Witness BDX.825 Transcript of 5 November 2007 @ 26826 Transcript of 9 October 2007 @ 37827 Transcript of 9 October 2007 @ 38; Transcript of 5 November 2007 @ 27-28828 Transcript of 5 November 2007 @ 29-30120

He had two children with him, a small girl and small boy. Nzirorera never addressed theInterahamwe.595. Witness 45 will testify that he was the one who drove the Oprovia director inNzirorera’s convoy. Witness BDX was not in the convoy. Nzirorera never addressed theInterahamwe.596. Witnesses Solange Ajakaneza and David Biramahire will testify that theytraveled in the convoy of Nzirorera from Kigali to Gisenyi and that he never addressedthe Interahamwe. They also never saw Witness BDX.597. Colonel Ephrem Setako will testify that Nzirorera’s convoy, includingmembers of his family, left from his residence in Kiyovu and that they were never atColonel Sagatwa ’s house. He never saw Witness BDX.4. April 1994 MRND/Interahamwe communiquésa. Prosecution evidencei. Witness G598. On 23 April 1994, the MRND issued a communiqué signed by Nzirorera andKaremera. They urged the members of the party and especially the youth not to allow theRPF attack to be a pretext to mistreat innocent people who have nothing to do with thewar. They publicly denounced all criminals who pass themselves off as Interahamwe andcalled upon the population to denounce the activities of all those who harmed theirneighbors. They asked Rwandans not to attack one another. Those who attack innocentpersons because of their ethnicity, whether MRND members or not, must be denounced.We condemn their behavior and call for them to be punished by the authorities. 829599. On 25 April 1994, a communiqué was issued by the National Committee ofthe Interahmwe. It asked members to end all violence, to take those suspected atroadblocks to the authorities, to check documents at roadblocks in a disciplined manner,and to assist humanitarian organizations with their work. 830600. On 27 April 1994, a communiqué was issued by the MRND signed byKaremera. It once again denounced the killing and looting and asked Interahamwe to829 Transcript of 19 October 2005@ 33; Exhibit #DNZ-33830 Transcript of 19 October 2005@ 35-36; Exhibit #DNZ-34121

arrest such individuals or point them out to the authorities. It called upon MRNDofficials at the prefectural level to carry out these instructions immediately. 831ii. Witness UB601. Witness UB testified that Jean Habyarimana told him that he had attended ameeting of the MRND political bureau in Gitarama on 18 April and that a decision hadbeen taken to support the Interahamwe. Habyarimana said that he, himself, did notsupport the activities of the Interahamwe. 832602. Witness UB claimed that the MRND never issued a communiqué orbroadcast condemning the activities of the Interahamwe. 833 However, this wascontradicted by the broadcast of 10 April 1994 by Ngirumaptse and the communiquésissued on 23 and 27 April 1994. 834iii. Witness T603. Witness T testified that he was at Murambi on a daily basis from 18-24 April1994. He saw Ngirumpatse and Nzirorera there between 18 and 20 April. 835 He believesthat he heard the communiqué of the MRND dated 23 April 1994 calling for an end to thekilling. 836 The national Interahamwe communiqué issued on 25 April 1994 by #1 and #3was evidence of the fact that the committee as such could not function under thecircumstances and individuals had to take ad hoc actions as best they could. 837c. Defence evidence604. Edouard Karemera testified that fter the cabinet meeting of the 22 April1994, MRND Defence Minister Augustin Bizimana told him that the government wantedthe MRND to encourage its youth not to participate in the killings. Nzirorera, who wasnot living at Murambi, was passing by. So they issued a communiqué asking theInterahamwe to cooperate with the Army and not participate in the killings. 838831 Transcript of 19 October 2005@ 36; Exhibit #DNZ-35832 Transcript of 28 February 2006@ 26833 Transcript of 28 February 2006@ 27834 Exhibits DNZ22, DNZ33, and DNZ35835 Transcript of 26 May 2006 @ 11836 Exhibit DNZ-33; Transcript of 31 May 2006 @ 8837 Transcript of 31 May 2006 @ 10838 Transcript of 19 May 2009 @ 56122

605. Karemera Witness XQL, a member of the MRND Prefectural committeefor Ruhengeri, testified that In April, she heard over Radio Rwanda that the MRNDexecutive committee called for peace and condemned the massacres. 839606. Joseph Nzirorera will testify about the decision to issue communiqués andtheir content. Their intent was to encourage people to stop the killing.607. Witness 29 will testify that he attended a meeting of the MRND politicalbureau in Gitarama around 18 April 1994 and the decision was taken to encourage theInterahamwe and others to stop the killing.5. Witness HH in Murambia. Prosecution evidencei. Witness HH608. On 14 April 1994, Prefet Renzaho called for the dismantling of unauthorizedroadblocks, specifying those in the area controlled by Witness HH. 840 On 15 April 1994,at a meeting of the Council of Ministers in Murambi, it was recorded by Minister PaulineNyiramasuhuko that the problem of bandits like Witness HH coming to Gitarama wasdiscussed. 841609. Within a week after the government had left Kigali 842 , he accompaniedKajuga, Maniragaba, Rutaganda, Twahirwa, and Aloys Ngirabatware to Murambi. 843The delegation met with Ngirumpatse, Nzirorera, and Karemera. Ngirabatware andWitness HH did not participate in the meeting. 844 However, he greeted Ngirumpatse andtold him of the incident where the MP Kabageni had died at Butamwa . 845610. Although he testified that he did not participate in the meeting with the threeaccused, in his statement of 30 March 2006, he claimed that he was in the hall during themeeting and that Nzirorera and Karemera did not appear to show much interest in whatwas said. 846839 Transcript of 5 May 2008 @ 26840 Transcript of 20 November 2006 @ 36; Exhibit DNZ-78841 Transcript of 20 November 2006 @ 37842 Transcript of 9 November 2006 @ 27843 Transcript of 9 November 2006 @ 23844 Transcript of 9 November 2006 @ 24845 Transcript of 9 November 2006 @ 24846 Transcript of 20 November 2006 @ 50; Exhibit DNZ-203123

front. 847 612. He subsequently went to Murambi a second time where Kajuga, Maniragaba,area. 850 614. Witness HH believes that Maniragaba was going often to Murambi to report611. The instructions given after the meeting were that we were to keepdenouncing and flushing out the enemy and also to support the Rwandan Army at theTwahirwa, Nkezabera, Rutaganda met with Ngirumpatse. He did not see Nzirorera orKaremera on this occasion. 848 This meeting was also before the speech of Sindikubwaboin Butare. 849613. However, in his statement of November 2004, Witness HH said thatNzirorera was also in the room during the meeting and that he saw Karemera in theto and get instructions from the MRND leaders. Maniragaba had some kind of authorityover other Interahamwe leaders. 851615. One time, Seraphin Twahirwa told him after returning from Gitarama that heshould find Interahamwe to go to help the Interahamwe in Bisesero, who were facing stiffresistance from the Tutsi there. He said that Nzirorera had asked him to find people tosend there. The next day, Twahirwa told him that it was no longer necessary becauseYusuf Munyakazi’s Interahamwe from Cyangugu had gone there. 852b. Defence evidence616. Joseph Nzirorera will testify that the meetings with Witness HH never tookplace.617. Georges Rutaganda and Seraphin Twahirwa will testify that the meetingswith Witness HH never took place. Twahirwa will also testify that Nzirorera never askedhim to send Interahamwe to Bisesero.618. Witness 29, Pauline Nyiramasuhuko, Justin Mugenzi, EliezerNiyitegeka, Augustin Ngirabatware, and Casimir Bizimungu will testify that the847 Transcript of 9 November 2006 @ 27848 Transcript of 9 November 2006 @ 27849 Transcript of 9 November 2006 @ 28850 Transcript of 20 November 2006 @ 51-52; Exhibit DNG-44851 Transcript of 9 November 2006 @ 28-29852 Transcript of 9 November 2006 @ 34-35124

Interim Government discussed how to stop the crimes being committed by Witness HHin Gitarama.6. Efforts to Evacuate Tutsi Refugees from theMiile Collinesa. Prosecution evidencei. Witness G619. While in Kigali in late April 1994, Witness G attended a meeting withColonel Bagosora at the Hotel des Diplomat. Colonel Bagosora had convened a meetingwith the National Committee of the Interahamwe and the chiefs of the Interahamwe in thesecteurs. Colonel Bagosora said that it was necessary to have no more massacres nowbecause it was just war. The killings had stopped in Kigali. 853 He said that GeneralDallaire wanted to meet them to try to solve the problem of evacuating the refugees fromthe Mille des Collines hotel. 854 Then General Dallaire arrived and they discussedevacuating the people from the Mille des Collines as well as Hutus from the RPFcontrolled areas. 855620. On 18 May 1994, Ngirumpatse spoke on the radio and urged theInterahamwe to allow the people to be evacuated from the Hotel Milles des Collines. 856As a result, people were allowed to leave the Milles des Collines. 857ii. Witness T621. He attended a meeting between the Interahamwe and General Dallaire on 24April. They discussed dismantling roadblocks and allowing people from the Milles desCollines hotel to leave Kigali, as well as the fate of Hutu trapped in Amahoro Stadium. 858[Kajuga, Maniragaba, Nkezabera, Sebanetsi, and Serugendo]attended from the nationalInterahamwe committee. 859 The meeting was opened by Colonel Bagosora, whointroduced General Dallaire. 860 Bagosora said that under international law it wasrequired that there be free movement of citizens even in time of war, so people should be853 Transcript of 19 October 2005@ 38854 Transcript of 12 October 2005 @ 14855 Transcript of 12 October 2005 @ 15856 Transcript of 19 October 2005@ 41; Exhibit #DNZ-38857 Transcript of 28 October 2005 @ 22858 Transcript of 26 May 2006 @ 13859 Transcript of 31 May 2006 @ 16860 Transcript of 31 May 2006 @ 16125

free to go wherever they wished to. 861 Witness T did not see General Bizimungu inattendance at this meeting. 862622. The people at the Milles des Collines were able to leave around 23 May as aresult of negotiations. This was after the broadcast by Ngirumpatse on 18 May askingthat they be allowed to do so. 863 However, the exchange of refugees only came aboutafter extensive negotiations among the Rwandan government, UNAMIR, and RPF. 864b. Defence evidence623. Joseph Nzirorera will testify that he was not in Rwanda when the refugeeswere evacuated from theMiile Collines hotel.624. Georges Rutaganda will testify to his efforts to assist those who wereevacuated from theMiile Collines.625. Theoneste Bagosora, Tharcisse Renzaho, and Augustin Bizimungu willtestify to their efforts to accomplish the evacuation of the refugees from theMiile CollinesHotel.626. Witness 22a will testify to the efforts to evacuate the refugees from theMiileCollines and the assistance provided by Georges Rutaganda to rescue the people.627. Paul Rusasabagina will testify to the circumstances of the refugees attheMiile Collines hotel, their evacuation, and the lack of control over the Interahamwe byauthorities.D. Pre-April 1994 Events Not Charged in the Indictment1. MRND Meetings with Conseillersa. Prosecution evidencei. Witness AWE628. Witness AWE testified that the first meeting at the Rubangura building washeld in late 1992. 865 Witness AWE was summoned to the meeting by the bourgmestre,but did not know which organ of the MRND the meeting was organized for. There wereapproximately 50 participants. Ngirumpatse, Nzirorera, Karemera were the ones who sat861 Transcript of 31 May 2006 @ 17862 Transcript of 31 May 2006 @ 17863 Transcript of 26 May 2006 @ 15864 Transcript of 31 May 2006 @ 18-19865 Transcript of 9 July 2007 @ 15126

in the front and were in charge of the meeting, along with two others he does notrecall. 866 629. The bourgmestre who invited him was Edouard Bakomera. 867 When he wasinformed that Jean Bizimana had become bourgmestre of Nyarugenge commune as ofApril 1992 (before the meeting), Witness AWE said he may have been mistaken as to theidentity of the bourgmestre who summoned him to the meeting. 868630. According to Witness AWE, Nzirorera had certain skills as a leader andtherefore would have sat at the front even if he was not holding any post of the MRND atthe time. 869 In late 1992, Joseph Nzirorera held no post with the MRND.631. At the first meeting, Ngirumpatse said that the Inkotanyi who had attackedthe country was Rwanda’s enemy and that they should be vigilant and watch what theTutsis were doing. He said that the MRND was recruiting young people to be trained.He also said, the conseillers, as leaders, should make premises available to theInterahamwe to hold their meetings. 870632. During cross examination, Witness AWE denied that any mention had beenmade of military training at this first meeting. 871633. Those in attendance at this meeting included Amri Karekezi, JeanHabyarimana, Jacques Rusirare, Gabriel Byaliyehe , Kandekwe, Stany Mbonimana,Francois Gahigi, Odette Nyaribagenzi, Euphasie Kamatumu, and Celestin Sezibera. 872634. At every meeting, it was said that the Inkotanyi had attacked and was theenemy of the country. Anyone who started a meeting would always say that. 873 It wasalways said that the enemy was the Tutsi. 874635. During the second meeting, MRND leaders at the communal, secteur, andcellule level were elected. Witness AWE was elected as deputy secretary. Nothing wassaid apart from what was said before. 875 Witness AWE never had to assume the866 Transcript of 9 July 2007 @ 16-17867 Transcript of 9 July 2007 @ 18868 Transcript of 9 July 2007 @ 19869 Transcript of 9 July 2007 @ 17870 Transcript of 4 July 2007@16871 Transcript of 9 July 2007 @ 21872 Transcript of 9 July 2007 @ 19-20873 Transcript of 9 July 2007 @ 22874 Transcript of 9 July 2007 @ 24875 Transcript of 4 July 2007@ 17127

one. 882 638. Witness AWE said that Ngirumpatse presided over the meeting, andfunctions of the secretary. 876 Witness AWE was unaware of whether the position ofdeputy secretary was listed in the MRND statutes. 877 He denied telling the OTP that hehad been Vice-President of the political bureau. 878636. On cross examination, Witness AWE said that only the communal officialswere elected at this meeting, and discussions were held about holding the secteur andcellule level elections at a later time. The elections were limited to the commune ofNyarugenge. 879 Witness AWE claimed that the communal elections were held beforethose of the secteur and cellule, although the statutes required that those voting in thecommunal elections be elected at the secteur and cellule level. 880637. Witness AWE testified that Francois Karera was elected President andHamadi Nshimiyimana was Vice President. He denied that Karera had not beenPresident of the MRND once he had been appointed sous-prefet of Kigali ruralprefecture. 881 Karera and Nshimiyimana were present for the meetings after the firstNzirorera and Karemera were in attendance. If Nzirorera held no position with theMRND at that time, he was there as a friend of the party. 883639. Witness AWE was one of the signatories to the MRND statutes in 1991.Article 36 does not provide for the position of Deputy Secretary at the communal level ofthe MRND. 884640. Witness AWE listed the members of the MRND communal committee forNyarugenge as Francois Karera, Angeline Mukandutiye, Hamadi Nshimiyimana, OdetteNyirabagenzi, Amri Karekezi, Thomas Ntawiha, himself, and Francis Kayogora. 885641. The MRND Committee for Nyarugenge commune met only once in 1992,twice in 1993, and did not meet in 1994. 886876 Transcript of 5 July 2007 @ 13877 Transcript of 5 July 2007 @ 14878 Transcript of 5 July 2007 @ 15879 Transcript of 9 July 2007 @ 25880 Transcript of 9 July 2007 @ 26881 Transcript of 9 July 2007 @ 26-27882 Transcript of 9 July 2007 @ 32883 Transcript of 9 July 2007 @ 25884 Transcript of 9 July 2007 @ 12-13; Exhibit DNG-2885 Transcript of 9 July 2007 @ 13128

642. During the third meeting, it was said they should make premises available tothe Interahamwe to enable them to hold meetings and to assist them during rallies.Nzirorera said that the Interahamwe had completed their training and that they had beengiven firearms and grenades which they could use if MRND was attacked or if the townwas attacked by Inkotanyi. Ngirumpatse and Karemera were also present at thismeeting. 887 The same people who attended the first meeting were present for the thirdmeeting. 888643. In his OTP statement of 2004, Witness AWE attributed those statements toNgirumpatse. 889 In further cross examination, he said that it was Ngirumpatse who hadaddressed this meeting, not Nzirorera. 890644. Witness AWE said he no longer attended any party rallies after July 1993because his house had been destroyed by criminals and he was reconstructing hishouse. 891645. At a meeting at the Kabuga building between May and August 1993, JosephNzirorera informed him that the Interahamwe were returning from a training session inGabiro. 892 The meeting was chaired by Ngirumpatse. 893 Nzirorera said that the Inkotanyiwas getting closer to town. He asked them to watch all Inkotanyi coming into residencesof Tutsis, to make a report thereon, forward the report to Karemera or himself, or leave itfor them at the Kabuga building. It was at that time that they started watching the Tutsisclosely. 894 The same people who had attended the meetings at the Rubangura buildingattended this meeting. 895646. The meeting was held in August 1993. During that meeting, Nzirorera saidthat they had to draw up lists of Inkotanyi accomplices and give them to an MRND886 Transcript of 9 July 2007 @ 15887 Transcript of 4 July 2007@18; Transcript of 9 July 2007 @ 27888 Transcript of 9 July 2007 @ 27889 Transcript of 4 July 2007@64890 Transcript of 9 July 2007 @ 27891 Transcript of 9 July 2007 @ 39892 Transcript of 3 July 2007 @ 24893 Transcript of 4 July 2007@14894 Transcript of 4 July 2007@15895 Transcript of 9 July 2007 @ 29129

employee who was performing that duty on a regular basis. Witness AWE could notname the employee. He did not comply with the request to compile lists. 896ii. Witness UB647. Despite the claim by Witness AWE that Witness UB was in attendance at allthese meetings, when Witness UB testified he made no mention whatsoever of havingattended such meetings.b. Defence evidence648. Joseph Nzirorera will testify that he had no involvement with nationalMRND organs in 1992 and that no such meetings with the Kigali conseillers were everheld.649. Francois Karera, Francois Gahigi, and Witness 29, will testify that nosuch meetings with the Kigali conseillers were ever held.2. Rwamagana MRND rallya. Prosecution evidencei. Witness AWE650. Between 1992 and 1993, before he had been asked to sign the good conductletter 897 , Witness AWE had attended an MRND rally at Rwamagana. Between 1500-2000 people attended. Ngirumpatse, Nzirorera, and Karemera were present. 898 All threespoke, but he recalled Ngirumpatse saying that the Inkotanyi were Inyenzi, they hadattacked the country and were approaching. They come and find their accomplices. Hesaid to be careful, avoid cooperating with them and not have contact with them, exceptthe Tutsi who were MRND members. 899 They were also to be wary of MRND memberswho were Tutsi. 900651. The Rwamagana meeting took place between the end of 1992 and early1993. 901 He did not recall what position Ngirumpatse or Karemera held at that time896 Transcript of 9 July 2007 @ 28897 Transcript of 4 July 2007@14898 Transcript of 4 July 2007@10899 Transcript of 4 July 2007@11900 Transcript of 9 July 2007 @ 34901 Transcript of 5 July 2007 @ 7130

with the MRND. 902 The meeting was held before he issued the good conductcertificates. 903652. Witness AWE attended only one meeting at Rwamagana and knew of noother MRND meeting held there. 904 The only persons he could recall attending wereGabriel Byaliyehe , Rose Karushara, and Odette Nyirabagenzi. 905653. In a broadcast on Radio Rwanda in February 1994, it was stated that anMRND rally had been held in Rwamagana, but Mathieu Ngirumpatse was unable toattend because he was meeting with the Special Representative of the UN SecretaryGeneral. 906 Speeches of Ferdinand Kabagema and Edouard Karemera were reported.There were no references to Inyenzi or Tutsi. 907654. Witness AWE claimed that politicians’ speeches included the words Tutsiand Inkotanyi in every three sentences, and that the person recording the speech made aselection because they did not want the international community to know that they weresaying the Tutsi was the enemy. 908 A person who did not delete such references from arecording would be severely punished because the recording would be heard by theinternational community. 909b. Defence evidence655. Edouard Karemera testified that on 14 February 1994, there was an MRNDrally in Rwamagana. Karemera attended as well as Ferdinand Kabagema. Nzirorera andNgirumpatse did not attend. 910656. Joseph Nzirorera will testify that he never attended any MRND rally inRwamagana.3. January 1994 Allegations by Jean Pierre Turatsinzea. Prosecution evidencei. Frank Claeys902 Transcript of 5 July 2007 @ 11903 Transcript of 5 July 2007 @ 8904 Transcript of 9 July 2007 @ 33905 Transcript of 9 July 2007 @ 33906 Transcript of 9 July 2007 @ 35; Exhibit DNZ-311907 Transcript of 9 July 2007 @ 36-37; Exhibit DNZ-311908 Transcript of 9 July 2007 @ 37909 Transcript of 9 July 2007 @ 38910 Transcript of 21 May 2009 @ 19131

657. On 9 January 1994, in a broadcast over Radio Rwanda, Anastase Gasana,MDR Minister of Foreign Affairs announced that ―our political parties are also informedof the lugubrious plan to physically eliminate the main opponents of the Habyarimanaregime, which plan is to be implemented by the 1,700 Interahamwe, who are the MRNDmilitia and who have been trained and armed for that purpose. They have just beenunleashed in all the neighbourhoods of Kigali city.‖ This figure of 1700 was the samethat Jean Pierre Turatsinze provided to UNAMIR on 10 January. 911658, On 10 January 1994, General Dallaire asked Claeys and Captain AmadouDeme of Senegal to get in contact with Prime Minister Designate Faustin Twagiramungu,who would put them in touch with someone who had information to give. 912 They wentto the office of Twagiramungu, who provided them with the name and phone number ofthe person to contact. 913659. Thus, the informant came to UNAMIR through the political opponents of theMRND, rather than just reporting his information directly to a law enforcementagency. 914660. They went back to UNAMIR headquarters and called the informant, whosename was Jean Pierre Turatsinze. They arranged to meet that evening at the parking lotof the Kigali Nights nightclub. They picked Turatsinze up that evening and drove him tothe Belgian contingent headquarters. 915661. Turatsinze never said there was any plan to kill Belgian soldiers. He onlyspeculated that this might have occurred if certain events had taken place. The Belgiancontingent of UNAMIR never took any special precautions based upon thisinformation. 916 Claeys never heard of any plans to kill Belgian soldiers while he was inRwanda. 917662. Turatsinze later told Claeys that the MRND leaders had changed theirattitudes towards the Belgians and believed they were not bad-intended. 918 In a meeting911 Transcript of 27 November 2006 @ 17; Exhibit DNZ-204912 Transcript of 21 November 2006 @ 47913 Transcript of 21 November 2006 @ 47914 Transcript of 27 November 2006 @ 19915 Transcript of 21 November 2006 @ 48916 Transcript of 27 November 2006 @ 35917 Transcript of 27 November 2006 @ 39918 Transcript of 27 November 2006 @ 35132

with Booh Booh in early February, the MRND party leaders urged UNAMIR to proceedwith the recovery of illegal arms throughout the country so as to ensure a peaceful andsecure environment. 919 Also in early February, General Dallaire reported a major changein the attitude of authorities such as the MRND Minister of Defence, MRND Minister ofInterior, Army Chief of Staff, and Prefet of Kigali, who were now publicly calling forconfiscation of weapons by UNAMIR and the gendamerie. 920663. Claeys had never experienced any hostility towards him during his stay inKigali. 921664. The Belgian soldiers who were killed on 7 April 1994 were not killed byInterahamwe. 922665. Turatsinze claimed to be a former member of the President. Claeysunderstood he had been a member of the Presidential Guard, although Turatsinze did notuse the term ―Presidential Guard.‖ 923 He claimed to be paid 150,000 RWF per month asa wage. It was a huge wage in Rwanda, amounting to around E 2,000. 924666. Turatsinze said he had a direct link to the President of the MRND, althoughhe did not give any detail about financial support. 925667. Turatsinze said that the Interahamwe had trained 1700 men in RGF militarycamps outside the capital. They were scattered in groups of 40 throughout Kigali. SinceUNAMIR deployed, he had trained 300 men in three week training sessions at RGFcamps. Turatsinze was very convincing and appeared to be familiar with military terms.He claimed to have been trained in Egypt. 926668. Turatsinze said that since UNAMIR’s mandate, he had been ordered to makean inventory of the houses of all Tutsi in Kigali. The inventory was still in process andtherefore he could not give a copy to UNAMIR. Turatsinze said he suspects it is for theirextermination. He also said his personnel could kill up to 1000 Tutsis in 20 minutes. 927919 Transcript of 27 November 2006 @ 36; Exhibit DNZ-205920 Transcript of 27 November 2006 @ 38; Exhibit DNZ-206921 Transcript of 22 November 2006 @ 56; Transcript of 27 November 2006 @ 39922 Transcript of 27 November 2006 @ 39-40923 Transcript of 21 November 2006 @ 60924 Transcript of 21 November 2006 @ 61925 Transcript of 21 November 2006 @ 62926 Transcript of 21 November 2006 @ 64; Exhibit DNZ-15 @ para. 5927 Transcript of 21 November 2006 @ 65; Exhibit DNZ-15 @ para. 6133

669. Claeys had no information concerning the existence of such lists prior tomeeting Turatsinze or after meeting Turatsinze. 928 Turatsinze told them that he―suspects‖ the lists are for the extermination of Tutsis. He had apparently never beenexplicitly told this explicitly by MRND leaders. 929 Turatsinze had apparently never beeninstructed to train Interahamwe to exterminate Tutsis. 930 Turatsinze never told Claeysthat Interahamwe had been trained in such things as how to approach houses in themiddle of the night, how to enter locked premises, or how to neutralize the head of thehousehold. 931670. Turatsinze never showed UNAMIR these lists. They asked him for theselists at every meeting, and Turatsinze always responded, ―Where is my security?‖ 932671. Claeys understood Turatsinze to be saying that since he had people in 40sections of Kigali, they could be deployed to enter houses of Tutsi during the night andkill 1000 in 20 minutes. Turatsinze said he did not want to be involved in killings ofinnocent Tutsi. 933 Claeys understood Turatsinze to say that President Habyarimana wasnot aware of the numbers or activities that he had disclosed during the interview. 934672. After 6 April, Tutsis in Rwanda were not killed by trained Interahamwe withfirearms invading their houses at the rate of 1000 Tutsis in 20 minutes, but were killed bya combination of youth wing members from Several parties, soldiers, and members of thepopulation at roadblocks, in their home, and at places of refuge. 935673. Turatsinze said that he could provide the location of a major weapons cachewith at least 135 weapons and that he had already distributed 110 weapons, including 35with ammunition and can give details on their location. He was ready to go to the armscache that night if he could be guaranteed protection for himself, his wife, and fourchildren. He wanted safe haven in an embassy and then political asylum in anothercountry. 936928 Transcript of 27 November 2006 @ 2, 31929 Transcript of 27 November 2006 @ 16930 Transcript of 27 November 2006 @ 16931 Transcript of 27 November 2006 @ 16932 Transcript of 27 November 2006 @ 31933 Transcript of 21 November 2006 @ 66934 Transcript of 21 November 2006 @ 67; Exhibit DNZ-15 @ para. 7935 Transcript of 27 November 2006 @ 40936 Transcript of 22 November 2006 @ 2134

674. Claeys was not aware that Turatsinze had sold a large number of weaponsearmarked for the Interahamwe to a Burundian organisation known as FRODEBU andhad pocketed the money. 937 It is possible that this might explain why Turatsinze wasasking UNAMIR for protection and not for money. 938675. Dallaire stated that he had reservations of the suddenness of Turatsinze’schange of heart to come clean with this information and could not fully exclude thepossibility of a trap and a set up. 939676. Claeys believed the information was too precise to be untrue, but it neededsome verification. The fax was sent to New York in the early morning hours of 11January 1994. He was informed that New York did not give any authorization for anyaction to recover weapons at the sites earmarked by the informant. 940 The UNheadquarters, in their response, noted that there were inconsistencies in the informationprovided by the informant. 941677. The information provided by Turatsinze was being treated with caution at alllevels of the UN. 942678. They never attempted to verify the information provided by Turtasinzebefore forwarding it to UN headquarters. 943 It was never subjected to rigorousintelligence analysis because UNAMIR, as a Chapter Six UN mission, was not authorizedor equipped to conduct intelligence analysis. 944679. The second time he met Turatsinze was on the evening of 12 January 1994.Turatsinze explained that he was late for the meeting because he had been with theMRND President who had urged Turatsinze to accelerate the distribution of weapons. 945680. Turatsinze explained that he had already distributed weapons to the 25secteur commanders, but that they had not distributed them to the lower levels. That937 Transcript of 27 November 2006 @ 16938 Transcript of 27 November 2006 @ 32939 Transcript of 22 November 2006 @ 4; Exhibit DNZ-15 @ para. 11940 Transcript of 22 November 2006 @ 5941 Transcript of 27 November 2006 @ 23; Exhibit P39942 Transcript of 27 November 2006 @ 23943 Transcript of 23 November 2006 @ 10944 Transcript of 27 November 2006 @ 43945 Transcript of 22 November 2006 @ 8135

him. 946 681. Turatsinze said he distributed weapons in his own car, a white sedan, as wellwould require an order from him. He also could order that the weapons be returned toas six minibuses belonging to the MRND or vehicles of the security services of theArmy. 947 He said that the weapons were moved every 5 or 6 days. He also said thatgrenades had been distributed a long time ago and that up to 60 Interahamwe per secteurshould have 2-3 grenades each. 948682. At the end of the meeting on 12 January, Turatsinze offered to prove hisreliability by showing UNAMIR weapons which were stored at MRND headquarters. 949Claeys and Deme drove Turatsinze to the party headquarters. Claeys waited in the carwhile Turatsinze took Deme inside. When Deme returned, he said that he had seen 50weapons in canvas bags with sealed boxes of ammunition in a shed on the property. 950683. Turatsinze did not tell them on 10 January that the weapons were stored atthe MRND headquarters. 951 He told them there were 135 weapons on 10 January, andwhen he showed them the weapons on 12 January at the MRND headquarters, CaptainDeme observed about 50. Turatsinze did not distribute any weapons between 10 and 12January. Therefore it is possible that the 135 weapons were stored at some place otherthan the MRND headquarters. 952684. Turatsinze had the ability to move weapons around, and had offered to movesome of the weapons from his home to the MRND headquarters if UNAMIR was goingto stage a raid there. 953685. Turatsinze told Claeys that he was able to order the return of previouslydistributedweapons to him. Turatsinze never told Claeys that on 11 January 1994, he hadissued a communiqué over RTLM calling for an urgent meeting of the Interahamwesecteur Presidents to be held at MRND headquarters in Kimihurura. 954946 Transcript of 22 November 2006 @ 9; Exhibit P42 @ para. 4947 Transcript of 22 November 2006 @ 9; Exhibit P42 @ para. 4948 Transcript of 22 November 2006 @ 10; Exhibit P42 @ para. 4949 Transcript of 22 November 2006 @ 11950 Transcript of 22 November 2006 @ 11-12; Exhibit P42 @ para. 8951 Transcript of 27 November 2006 @ 23952 Transcript of 27 November 2006 @ 23-24953 Transcript of 27 November 2006 @ 24; Exhibit P44954 Transcript of 27 November 2006 @ 24,30; Exhibit DNZ-242136

686. For all Claeys knows, Turatsinze could have put the weapons at the MRNDheadquarters on the evening of 12 January before showing them to UNAMIR. 955 Claeysnever determined that Ngirumpatse or Nzirorera were aware of the presence of weaponsat MRND headquarters. 956687. On 12 January, Turatsinze offered to provide them the next evening withlicense numbers of vehicles used for arms distribution and a few of the sites where armscaches are located. 957688. On 13 January, in the afternoon, he attended a meeting between GeneralDallaire and the President and Secretary General of the MRND. 958 The meeting was taperecorded, but the tape has not been located. At the meeting, Dallaire expressed hisconcern of weapons being possessed outside military barracks. The MRND officialsdenied knowledge of this. 959689. Claeys did not know that there had been a meeting the day before betweenUNAMIR and the MRND leaders. For him it was the first time this concern wasexpressed to these people. 960690. On the evening of 13 January, he and Deme again met with Turatsinze. 961He provided them with three license numbers of cars used to transport weapons.Turatsinze offered to move some weapons from his home to the MRND offices toincrease the number of weapons there if they mounted an operation there. 962691. Turatsinze said that most of the weapons he had were brand new. He saidthat only a few of the weapons he had distributed had magazines or ammunition andthose distributed to the lower cells had no magazines. 963 He said that the weaponsdistribution had begun about a month before (December). 964955 Transcript of 27 November 2006 @ 30956 Transcript of 27 November 2006 @ 31957 Transcript of 22 November 2006 @ 12; Exhibit P42 @ para. 10958 Transcript of 22 November 2006 @ 12959 Transcript of 22 November 2006 @ 17960 Transcript of 22 November 2006 @ 17; Transcript of 27 November 2006 @ 74961 Transcript of 22 November 2006 @ 19962 Transcript of 22 November 2006 @ 21; Exhibit P44963 Transcript of 22 November 2006 @ 21964 Transcript of 22 November 2006 @ 22;137

692. Turatsinze said he had a list of around 2000 Interahamwe, but he neverprovided or showed that list. He did show them three places where he said weapons werestored. 965 However, Claeys did not see weapons at these locations. 966693. Turatsinze said that the MRND leaders had videotaped the meeting withGeneral Dallaire and the meeting at UNAMIR the previous week. Claeys believed hewas referring to the meeting where Dallaire and Booh Booh had gone to the MRNDoffices, and the meeting at which Claeys had been present. However, Claeys observed notaping equipment at the meeting he attended with the MRND leaders. 967694. Turatsinze also told them on 20 January that he had distributed 9 of theweapons in a blue Pajero belonging to Prefet Renzaho. He also warned that thecontractor of the works at CND, named Sebera, would be killed soon. 968 UNAMIR tookno steps to warn Sebera and had no information that he was ever killed. 969695. Turatsinze also said that he had been told that a UNAMIR Colonel haddriven a bus of PL members to the CND on 5 January. To Claeys’ knowledge, nobody inUNAMIR was involved in driving a bus with PL members to the CND. 970696. Turatsinze also said that UNAMIR had three microbuses on standby toevacuate its Tutsi employees if necessary. Claeys was not aware of such measures everbeing prepared. 971697. Claeys met with Turatsinze on 10 February. Turatsinze told him how he andthe Chief of Staff of the Gendarmerie had secured the return of a weapon seized from anInterahamwe. 972 UNAMIR never attempted to verify this information with the chief ofstaff, although Colonel Marchal was in daily contact with him. 973698. Turatsinze also spoke of an impending raid on the communal office atButamwa to recover a weapon seized from an Interahamwe. To Claeys knowledge, nosuch raid ever took place. 974 UNAMIR never warned the bourgmestre of Butamwa . 975965 Transcript of 22 November 2006 @ 23966 Transcript of 22 November 2006 @ 24967 Transcript of 22 November 2006 @ 25968 Transcript of 22 November 2006 @ 26969 Transcript of 27 November 2006 @ 74970 Transcript of 22 November 2006 @ 28; Transcript of 27 November 2006 @ 75971 Transcript of 27 November 2006 @ 74972 Transcript of 22 November 2006 @ 32973 Transcript of 27 November 2006 @ 75974 Transcript of 22 November 2006 @ 33; Transcript of 27 November 2006 @ 75138

699. Turatsinze also claimed that the Interahamwe were trained by Israelis in theforests. 976 Although Israel was a member of the UN, Claeys never confirmed that Israelhad ever trained people in Rwanda. 977 Turatsinze also claimed that the Interahamwewere responsible for the attack on RPF Major Karenzi. 978700. Turatsinze told him on 17 February that the French had been trainingZaireans in the Gishwati forest in Rwanda. Claeys never verified this with the French. 979701. Claeys was told by the RPF liason officer, Colonel Karenzi, that heunderstood that UNAMIR was infiltrating the Interahamwe. From this, Claeys assumedthat perhaps Turatsinze had approached the RPF since UNAMIR had not been able toprovide him the guarantees he had sought. 980 He believed that Turatsinze may have beenshopping his information to the RPF. 981702. The information they did have from other sources related to military trainingand distribution of weapons to Interahamwe. They did not have any other informationconcerning the extermination of Tutsis. 982ii. Witness G703. Witness G testified that Jean Pierre Turatsinze was an MRND driver. 983 Hewas not all that honest, since he had stolen weapons from MRND and sold them toFRODEBU. 984 He disappeared after the sale of these weapons between October andDecember 1993 and was not seen again. 985704. Contrary to what was said in the UNAMIR Coded Cable of 11 January 1994,Turatsinze was never in charge of any MRND demonstrations. 986 He knew of no plans ofthe MRND to provoke a civil war with the RPF battalion, to assassinate oppositionleaders at the swearing-in of the transitional government, or to provoke and kill Belgian975 Transcript of 27 November 2006 @ 75976 Transcript of 22 November 2006 @ 33977 Transcript of 27 November 2006 @ 75-76978 Transcript of 22 November 2006 @ 34979 Transcript of 27 November 2006 @ 76980 Transcript of 23 November 2006 @ 47981 Transcript of 27 November 2006 @ 23982 Transcript of 28 November 2006 @ 60983 Transcript of 17 October 2005 @ 53984 Transcript of 17 October 2005 @ 53985 Transcript of 17 October 2005 @ 53-54; Transcript of 18 October 2005 @ 2986 Transcript of 18 October 2005 @ 4; Exhibit #DNZ-15B139

soldiers. 987 He was not paid 150,000 RWF per month by MRND, which was more thanthe salary of a Minister or even perhaps the President of the Republic. 988 He was alsounaware of any link between Turatsinze and the Chief of Staff of the Army. 989705. It was not true that the Interahamwe were to protect Kigali from the RPF.They were trained only to protect MRND officials. There were no lists of Tutsis drawnup by the Interahamwe, as claimed by Turatsinze. He was not aware of any training ofInterahamwe to kill up to 1000 Tutsis in 20 minutes. 990iii. Witness UB706. Although he had several conversations with Turatsinze about distribution ofweapons, Turatsinze never told him of a plan to kill Belgian soldiers so that the Belgianswould withdraw from Rwanda. 991 He was not aware that Turatsinze had worked in theoffice of the Presidency. 992iv. Witness T707. Witness T testified that the Interahamwe never received any instructionsfrom the MRND to provoke Belgian soldiers. 993708. Witness T believes the FAX of 11 January 1994 is a manipulation. Thefigure of 1700 Interahamwe having been trained is an overestimate—probably double theactual figure. And the claim that Tutsis could be killed at a rate of 1000 in 20 minuteswas ―too good to be true‖ and may well have been created after the April events, not on11 January. 994709. Witness T was not aware that Turatsinze had ever worked for the presidency,as claimed in the FAX. It was not possible that Turatsinze was being paid RWF150,000per month to train Interahamwe. 995 He was unaware of any order to register all Tutsis inKigali, or that 1000 Tutsis were to be killed in 20 minutes. 996 Witness T was unaware of987 Transcript of 18 October 2005 @ 4; Exhibit #DNZ-15B988 Transcript of 18 October 2005 @ 5; Exhibit #DNZ-15B989 Transcript of 18 October 2005 @ 5; Exhibit #DNZ-15B990 Transcript of 18 October 2005 @ 5; Exhibit #DNZ-15B991 Transcript of 2 March 2006@ 41992 Transcript of 2 March 2006@ 41993 Transcript of 29 May 2006 @ 45994 Transcript of 24 May 2006 @ 32-33; Transcript of 29 May 2006 @ 51995 Transcript of 29 May 2006 @ 52-53996 Transcript of 29 May 2006 @ 53140

any lists of Tutsis compiled by Interahamwe. 997 Witness T never saw any weaponsstockpiled anywhere. 998 v. Witness HH710. Witness HH testified that Turatsinze never admitted to him that he wasinvolved in arms trafficking to FRODEBU. He simply said that others were saying that.He later got the proof that he had in fact sold the weapons. 999 This meant to him thatTuratsinze could not be trusted. 1000711. When recalled, Witness HH testified that he had heard allegations that JeanPierre Turatsinze was working for the RPF.These allegations were made by AloysNgirabatware and Seraphin Twahirwa, who worked for the Interahamwe. In December1993, Turatsinze himself said that he was being persecuted because it was suspected hewas working for the RPF. 1001b. Defence evidence712. Joseph Nzirorera will testify to Turatsinze’s role in the MRND and the factthat Turatsinze’s allegations were false. He will explain how he fired Turatsinze fordishonesty.713. Witness 29, Georges Rutaganda, Witness 31, Seraphin Twahirwa, andWitness 36 will testify to Turatsinze’s role in the MRND and the fact that Turatsinze’sallegations were false.714. Witness 22a, a UNAMIR officer, will testify that the allegations made byJean Pierre Turatsinze were not credible.715. Tharcisse Renzaho will testify that he never lent any vehicle to Turatsinze.716. Witness ALL-42, whose testimony from the Bagosora et al trial wasadmitted pursuant to Rule 92 bis, testified that Turatsinze was collaborating with the RPFat the time he provided the information to UNAMIR. 1002717. Colonel Luc Marchal, whose testimony from the Bagosora et al case wasadmitted pursuant to Rule 92 bis, testified that he began to have doubts about the997 Transcript of 7 June 2006 @ 19998 Transcript of 1 June 2006 @ 4999 Transcript of 13 November 2006 @ 121000 Transcript of 13 November 2006 @ 131001 Transcript of 5 May 2009 @ 391002 Exhibit DNZ-517; Transcript of 9 November 2006 @ 1-3141

Accords. 1008 ii. Witness ALGcredibility of information or the informant, Jean Pierre, in 2005 based on variousobjective elements that became public. 1003 Marchal testified that he could not exclude thehypothesis that the introduction of an informant, Jean-Pierre, to UNAMIR was amanipulation by Faustin Twagiramungu, an open opponent of Habyarimana, to embarrassPresident Habyarimana or the hypothesis that Jean-Pierre was an agent of the RPF andthat his revelations to UNAMIR were a manipulation by the RPF to embarrass PresidentHabyarimana. 1004718. Faustin Twagiramungu, whose testimony from the Ntakirutimana case wasadmitted pursuant to Rule 92 bis, testified that the informant had only mentioned thatthere were hidden arms caches around the city, not that there was a plan to exterminatethe Tutsis. 1005 c.Other information719. The Trial Chamber in the Bagosora et al judgement concluded that:―The evidence based on Jean-Pierre’s information is entirely second or thirdhand,and his whereabouts and the circumstances concerning his disappearanceare unknown. Notably, Witnesses A and BY, who were both well placedInterahamwe officials, did not corroborate Jean-Pierre’s information about theplan to kill Tutsis. 1006 These concerns warrant considerable caution in relying onthis main aspect of Jean Pierre’s information. 10074. Sabotage of the Arusha Accordsa. Prosecution evidencei. Witness UB720. Witness UB testified that at a rally at Nyamirambo stadium at the end of1993, Ngirumpatse said that the MRND would never accept to share power with the Tutsisaying that the Tutsi had obtained several seats in the government under the Arusha1003 Exhibit DNZ-520; Transcript of 30 November 2006 @ 321004 Exhibit DNZ-520; Transcript of 30 November 2006 @ 321005 Exhibit DNZ-514; Transcript of 5 February 2002 @ 61006 Witness A is Witness G in our case and Witness BY is Witness T in our case.1007 Prosecutor v Bagosora et al, No. ICTR-98-41-T, Judgement (18 December 2008) at para. 5191008 Transcript of 23 February 2006@ 46142

Accords. 1013 iv. Witness G721. At a rally at Nyamirambo stadium at the end of 1993, Ngirumpatse said thatthe MRND would never accept to share power with the Tutsi saying that the Tutsi hadobtained several seats in the government under the Arusha Accords. 1009 Ngirumpatsenever called for the elimination of the Tutsis. 1010iii. Witness GOB722. At the MRND rally in Ruhengeri, President Habyarimana said that theMRND would not accept the Arusha Accords. 1011 The President himself said he was notin agreement with the Arusha Accords. It was a scrap of paper that could not beimplemented. 1012 Ngirumpatse also said the MRND would never accept the Arusha723. Witness G testified that in May, 1993, Emmanuel Gapyisi of the MDR partywas assassinated. Witness G has no knowledge of any involvement of the Interahamwein that killing. 1014724. In February, 1994, Felicien Gatabazi was assassinated. The Interahamwewas blamed for this, but as far as Witness G knows, they were not responsible forGatabazi’s assassination. The next day, the CDR leader Martin Bucyana was killed. TheInterahamwe was not responsible for his death. 1015725. According to Witness G, President Habyarimana met with the NationalCommittee of the Interahamwe in January, 1994. He asked them to tell any contacts theyhad in the Belgian and American Embassies that the MRND was not against the ArushaAccords. 1016 He found that President Habyarimana was in favor of peace and powersharing according to the Arusha Accords. He said with peace the refugees who weresuffering would finally be able to go home. 1017 There was no indication that PresidentHabyarimana favored the extermination of the Tutsis. 10181009 Transcript of 23 February 2006@ 461010 Transcript of 3 March 2006@ 211011 Transcript of 22 October 2007 @ 431012 Transcript of 22 October 2007 @ 491013 Transcript of 22 October 2007 @ 491014 Transcript of 17 October 2005 @ 271015 Transcript of 18 October 2005@ 17-181016 Transcript of 18 October 2005@ 131017 Transcript of 18 October 2005@ 141018 Transcript of 18 October 2005@ 15143

March 1994. 1026 vi. documentary evidence726. He had heard that Paul Kagame said on Radio Muhabura that if the ArushaAccords were not implemented, they would be forced to accept them at gunpoint. 1019v. Witness T727. Witness T testified that the Arusha Accords were signed in August 1993 andwere supported by President Habyarimana and the MRND. 1020728. The Interahamwe never received any instructions from the MRND to blockthe implementation of the Arusha Accords, as the MRND supported those accords. 1021729. Witness T testified that the Interahamwe had nothing to do with theassassination of MDR leader Emmanuel Gapyisi in May 1993. His family evenacknowledged this. 1022730. Witness T testified that the Interahamwe received no instructions toassassinate Felicien Gatabazi in late February, 1994, 1023 or Martin Bucyana. 1024731. In 1994, it was the RPF which was the obstacle to the setting up oftransitional institutions. 1025 Article 61 of the Arusha Accords of 30 October 1992provided that all political parties were to be represented in the transitional assembly ifthey signed a code of ethics. There was no legitimate reason to exclude the CDR as of732. On 9 July 1992, Enoch Ruhigira wrote to President Habyarimana conveyingthe views of the Council of Ministers concerning the Arusha Accords whichrecommended closer coordination between the Prime Minister and the Presidentconcerning the government’s position in the Arusha negotiations. 1027733. On 30 October 1992, Enoch Ruhigira and Juvenal Renzaho wrote ahandwritten letter to President Habyarimana reporting the results of a reflection meetingheld by the MRND leaders, including Mathieu Ngirumpatse. The letter likewise reflected1019 Transcript of 18 October 2005@ 101020 Transcript of 29 May 2006 @ 191021 Transcript of 29 May 2006 @ 441022 Transcript of 29 May 2006 @ 131023 Transcript of 29 May 2006 @ 561024 Transcript of 29 May 2006 @ 581025 Transcript of 1 June 2006 @ 131026 Transcript of 1 June 2006 @ 15-161027 Exhibit DNZ-427144

the views that the government should be speaking with one voice in Arusha and thePrime Minister and President should be in greater consultation. 1028734. The MRND’s position on the Arusha Accords was set forth on severaloccasions. In an MRND aide-memoire dated 14 November 1992, Mathieu Ngirumpatseobjected to the opposition negotiating the Arusha Accords without consulting all parties,and urged the government to investigate and make public the results of its investigationon acts of insecurity, such as Bugesera. He also called for a timetable for earlyelections. 1029735. At the 15 November 1992 Ruhengeri meeting, Ngirumpatse reiteratedMRND’s support for the Arusha negotiations, but said they had some points to discussconcerning the composition of the national assembly. He expressed confidence thatwhen elections were held, MRND would win. 1030736.During the rally in Ruhengeri, Casimir Bizimungu spoke of the 400,000people displaced by the war, 100,000 of whom were in Ruhengeri and asked people toassist those persons. 1031 He spoke in support of the Arusha Accords and called forelections. 1032737. At that rally, President Habyarimana declared MRND’s support for theArusha negotiations and said it was false to say that the MRND did not support thenegotiations. He said that peace is not confined to a piece of paper, it is in one’sheart. 1033738. In a memorandum dated 18 December 1992, the MRND said that the ArushaAccords needed to be agreed to in consultation with all parties, not simply the oppositionand RPF. It accused the opposition of exceeding their mandate in the most recentnegotiations. 10341028 Exhibit DNZ-4281029 Exhibit DNZ-3391030 Exhibit #DNZ-48-491031 Transcript of 14 October 2005 @ 46-47; Exhibit #DNZ-81032 Transcript of 14 October 2005 @ 47; Exhibit #DNZ-81033 Exhibit #DNZ-471034 Exhibit DNZ-340145

739. In an MRND document entitled ―Contribution to the Arusha Accords‖ dated21 December 1992, all of the concessions of the MRND to achieve peace were listed.Proposals were made for an equitable sharing of power among the political parties. 1035740. On 30 December 1992, Enoch Ruhigira sent a letter to the Prime Ministercomplaining on behalf of President Habyarimana that the Prime Minister and negotiatorsat Arusha had taken certain positions without consulting the President. 1036741. On 11 January 1993, Enoch Ruhigira issued a communiqué in response tostatements by the Minister of Information concerning the Arusha negotiations. 1037742. On 18 January 1993, Ngirumpatse wrote to the Prime Minister complainingthat the negotiations in Arusha were being carried out without proper consultation andconsensus among the Ministers and with the President. 1038743. On 26 January 1993, Enoch Ruhigira sent a letter to the Prime Ministersetting forth the position of the President on various issues concerning the Arushanegotiations. 1039744. In a speech dated 13 March 1993, President Habyarimana said that theproblems with the RPF could only be solved by negotiations. He said the government’scommitment to the Arusha negotiations was unyielding. He condemned those in theArmy who resorted to violence and insisted that they be punished. He said that unity andreconciliation, without prejudice or vengeance, was essential. 1040745. In a speech dated 23 March 1993, President Habyarimana once againemphasized that the Arusha negotiations were the sole path for solving the problems ofthe country, and condemned the RPF for renewing the war which had displaced 1 millionpeople in the country. He responded to the report of the International Commision onHuman Rights and said that they had mistakenly focused on ethnic problems. Herecognized that local populations had victimized innocent civilians and urged the theperpetrators be punished. He called on the leaders of political parties to sensitize their1035 Exhibit DNZ-3411036 Exhibit DNZ-4291037 Exhibit DNZ-4301038 Exhibit #P2161039 Exhibit DNZ-4311040 Exhibit DNZ-342146

youth wings to a spirit of tolerance and for the parties to work together to achieve peaceand reconciliation. 1041746. Among the acts Major Hock indicates in his report were attributed to theInterahamwe was the 19 April 1993 assassination of Colonel Mayuya, the 8 May 1993assassination of MDR official Emmanuel Gapyisi, demonstrating on 5 January 1994 atthe CND after the swearing-in ceremony, and an 8 January 1994 demonstration nearCND. 1042747. On 15 June 1993, Enoch Ruhigira sent a letter to the Minister of ForeignAffairs on behalf of the President recalling him from Arusha for consultations. 1043748. On 28 November 1993, in an assessment made by UNAMIR, it was notedthat President Habyarimana and other leaders demonstrated a genuine readiness tosupport the early implementation of the Arusha Peace Agreement. 1044749. In a report of the Secretary General on 16 December 1993, it was noted thatthere was political goodwill on behalf of the parties in Rwanda and it was their intentionto implement the Arusha Accords. He remarked that ―after Namibia and Cambodia,Rwanda is on the way of becoming another success story of the United Nationspeacekeeping operations.‖ 1045750. In Janaury 1994, Enoch Ruhigira sent a letter to the Prime Ministerconcerning the President’s desire to swear in the Broad Based TransitionalGovernment. 1046751. In a communiqué dated 1 February 1994, the Interahamwe expressed itssupport for the Arusha Accords and for unity amongst Rwandans. It announced thatpersons were dressing in MRND uniforms and committing acts of violence and thereforemembers should no longer wear the uniform. 10471041 Exhibit DNZ-3431042 Pages 7-81043 Exhibit DNZ-4321044 Exhibit DNZ-3841045 Transcript of 27 November 2006 @ 48-49; Exhibit DNZ-2101046 Exhibit DNZ-4331047 Transcript of 18 October 2005@ 16-17147

752. On 16 March 1994, the Tanzanian Foreign Minister informed the UN thatPresident Habyarimana and the political parties did not appear to wish to implement theArusha Accords. 1048753. On 25 March 1994, UNAMIR reported that the RPF refused to appear at theswearing-in. President Habyarimana said that the RPF refused to allow the CDR to be inParliament, even though they accepted the accord and fulfilled all the conditions. 1049754. On 26 March 1994, UNAMIR reported that the BBTG installation could nottake place due to the boycott of the RPF. 1050755. On 28 March 1994, UNAMIR reported that the impasse was now betweenthe RPF and the government over whether the CDR should be represented in theTransitional Assembly. Booh Booh and the Ambassadors’ view is that CDR should beallowed. 1051756. On 29 March 1994, Enoch Ruhigira sent a letter to Special RepresentativeJacques Roger Booh Booh concerning President Habyarimana’s desire to swear in theBroad Based Transitional Government. 1052b. Defence case757. Karemera Witness XQL, a member of the MRND Ruhengeri prefecturalcommittee, testified that President Habyarimana did not speak against the ArushaAccords, but supported it firmly. 1053758. Joseph Nzirorera will testify that the MRND supported the ArushaAccords.759. Witness 29, Francois Karera, Georges Rutaganda, Witness 31, CasimirBizimungu, Andre Ntagerura, and Pauline Nyiramasuhuko will testify that theMRND supported the Arusha Accords.760. Jacques Roger Booh Booh will testify about the various political parties’support and obstructions of the Arusha Accords.1048 Exhibit #P1391049 Exhibit DNZ-3991050 Exhibit DNZ-4001051 Exhibit DNZ-4011052 Exhibit DNZ-4341053 Transcript of 5 May 2008 @ 31148

761. Luc Marchal, the commander of the UNAMIR Belgian contingent, whosetestimony in the Bagosora et al trial was admitted pursuant to Rule 92 bis, testified thathe believed that President Habyarimana had the will to implement the ArushaAccords. 1054762. Barabwiriza Runyinya, whose written statement was admitted pursuant toRule 92 bis, was appointed Advisor for Diplomatic Affairs in the Office of the Presidentof the Republic. Beginning in March 1993, he became involved in the negotiation andimplementation of the Arusha Accords and remained so involved until April 1994. Inthis capacity, he became very familiar with the attitude of President Habyarimanatowards the Arusha Accords. President Habyarimana was truly willing to implement theArusha Accords. The MRND also supported the implementation of the ArushaAccords. 1055763. Joshua Ruzibiza, Aloys Ruyenzi, Witness ALL-42, and Witness BRA-1,RPF insiders whose testimony was admitted pursuant to Rule 92 bis, testified that theRPF assassinated Emmanuel Gapyisi, Felicien Gatbazi, and President Habyarimana sothat the Arusha Accords would not be implemented. 10565. Cooperation with Military to Plan Extermination of Tutsisa. Prosecution evidencei. Witness ZF764. See allegations concerning Gisenyi events.ii. Witness XBM765. See allegations concerning Gisenyi eventsiii. Documentary evidence766. On 27 July 1992, Colonel Anatole Nsengiyumva sent a memorandumentitled ―Mood of the Military and Civilians‖ to the Army Chief of Staff and thePresident. 1057 In the memorandum, he indicates that many in the military areapprehensive about the proposed merger between the RPF and RGF, and believe that the1054 Exhibit DNZ-520; Transcript of 4 December 2006 @ 341055 Exhibit DNZ-6191056 Exhibits DNZ-515, DNZ-516, DNZ-517, DNZ-5181057 P197149

practice of Kubohoza must be stopped. He proposes that the RPF be integrated into theArmy in proportion to the percentage of Tutsis in Rwanda (14%).767. In a document dated 21 September 1992, Army Chief of Staff DeogratiasNsabimana directed that a document entitled ―Definition of the Enemy‖ which had beenprepared by a commission of officers appointed in 1991, be disseminated to the troops.The main enemy was defined as ―the Tutsi, inside and abroad, extremist and hungry forpower, who has never and not yet recognized the reality of the 1959 social revolution andwho wants to take power in Rwanda by all means including the use of armed force.‖ 1058b. Defence evidence768. Joseph Nzirorera will testify that he was not aware of any plan for theextermination of Tutsis. After the multiparty system was inaugurated, military officersdid not participate in political party rallies.769. Anatole Nsengiyumva, Theoneste Bagosora, Augustin Bizimungu,Tharcisse Renzaho, and Gratien Kabiligi will testify that the Army had no plans toexterminate Tutsis and did not participate in political party rallies.770. Witness LE-1, whose testimony in the Bagosora et al case was admittedpursuant to Rule 92 bis, is a former Chief of Staff of the Rwandan Army. He testifiedthat in December 1991 there was a meeting, chaired by the president, of unit commandersand operational commanding officers of the army and gendarmerie in Kigali to considersoldiers’ leave and chart the state of the war. 1059 Colonel Muberuka raised the need toclarify who the enemy was for the general public and international community. 1060 Themeeting set up a committee to define the enemy, discuss the changing methods of theenemy’s strategies and consider how to overcome the enemy. 1061 Prior to the committeebeing set up, the enemy was defined as armed Tutsi refugees coming from Uganda. 1062The witness spoke to the president about the findings of the committee on 9 June 1992.The report indicated that only the Tutsi who had taken up arms to recapture power wasthe enemy. 1063 It did not suggest a plan by the military to eliminate Tutsis, rather it aimed1058 P1981059 Exhibit DNZ-519; Transcript of 20 October 2005 @ 51060 Exhibit DNZ-519; Transcript of 20 October 2005 @ 61061 Exhibit DNZ-519; Transcript of 20 October 2005 @ 71062 Exhibit DNZ-519; Transcript of 20 October 2005 @ 81063 Exhibit DNZ-519; Transcript of 20 October 2005 @ 51150

to avoid confusion between the Tutsis from Uganda attacking the government and Tutsisinside Rwanda who supported the government. 1064c. Other information771. In the Bagosora et al judgement, the Trial Chamber held that:It is common ground that defining the enemy is done by military authorities inmany countries. Based on such a definition, the armed forces may adapt itsstrategies and order its resources. Consequently, the establishment of the EnemyCommission on 4 December 1991 was not in itself unusual or illegitimate, inparticular in view of the fact that there had been hostilities on Rwandan territorysince the RPF invasion on 1 October 1990. 1065The Definition of the Enemy clause qualifies the term ―Tutsi‖ as the ―extremist‖Tutsis, who are not acknowledging the realities of the 1959 revolution and wish to―regain power ... by all possible means, including the use of weapons‖. TheIdentification of the Enemy provision describes the enemy, in particular, bycertain enumerated acts, which in themselves have a connection to war (e.g.taking up arms, carrying out propaganda and recruitment for the enemy, spying,sabotage). Read in context, the Chamber does not agree with the Prosecution thatthe definition implies that all Tutsis are extremists, wanting to regain power. TheChamber has also noted the exception for political opponents who seek powerwithin the political system through peaceful means, both in the Definition clauseand the Identification clause. It is, however, aware that such disclaimers maysometimes be more cosmetic than substantial. 1066It may be asked whether the way the ENI document is formulated, combiningboth ethnicity and more direct language about the RPF, is an example of ―doublelanguage‖, the real intention among its members being to target the Tutsis.However, the composition of the Commission does not support such a view. Ofits 10 members, three of them, Bagosora, Ntabakuze and Nsengiyumva, havebeen indicted by the Tribunal. 1067 Among its members were persons generallyconsidered as moderate. Two later attained high positions in the post-1994Rwandan government. 1068 The Prosecution suggests that unlike the Accused, the1064 Exhibit DNZ-519; Transcript of 20 October 2005 @ 101065 Prosecutor v Bagosora et al, No. ICTR-98-41-T, Judgement (18 December 2008) at para. 2011066 Para. 2031067 The Commission was composed of 10 members, of whom three are accused at the Tribunal, four aredeceased or reported missing, and three are at liberty: Colonel Théoneste Bagosora (accused), ColonelDéogratias Nsabimana (deceased), Colonel Marcel Gatsinzi (at liberty), Colonel Pontien Hakizimana(deceased), Colonel Félicien Muberuka (at liberty), Colonel Anatole Nsengiyumva (accused), MajorJuvénal Bahufite (deceased), Major Augustin Cyiza (reported missing), Major Aloys Ntabakuze (accused)and Major Pierre Karangwa (at liberty).1068 Colonel Gatsinzi is the current Rwandan Minister of Defence. Major Cyiza was a former Vicepresidentof the Rwandan Supreme Court and human rights advocate of considerable standing, seeBagosora Defence Exhibit 358 (Expert Report of Bernard Lugan), p. 92; Bagosora, T. 26 October 2005, pp.52-54. See also Des Forges, T. 23 September 2002 pp. 103-106; T. 24 September 2002 pp. 2-3 (noting the151

moderates distanced themselves from ethnic extremism after 1994. The evidencedoes not support this view but indicates that they were perceived as moderatesalso in 1994. It is therefore difficult to conclude that the ambiguous wording ofthe ENI Document, with its admittedly prominent ethnic component, is sufficientevidence of a conspiracy within the Commission around late 1991 to exterminatethe Tutsi ethnic group.The Chamber does not find it established beyond reasonable doubt that Bagosora,Ntabakuze and Nsengiyumva acted together in a conspiracy as members of theEnemy Commission in December 1991, the aim being to exterminate the Tutsiethnic group. It reaches the same conclusion with respect to the publication of theENI Document in September 1992.E. Other Facts Concerning Credibility of Prosecution Kigali Witnesses772. Certain events which took place before Mr. Nzirorera joined the MRNDexecutive bureau, such as attacks in the Bugesera region, and MRND rallies in Kigali,Ruhengeri, and Gisenyi prefectures, have been the subject of testimony by multipleprosecution witnesses. While these events are not charged in the indictment, and do notinvolve Mr. Nzirorera, the false testimony about them can be proven, and therefore arerelevant to show that the testimony of those prosecution witnesses are not credible.1. March 1992 Events in Bugeseraa. Prosecution evidencei. Witness AWD773. Witness AWD claimed that the Interahamwe and soldiers attacked Tutsis inBugesera and about 100 people were killed. He knew about the participation ofInterahamwe because they would come back and brag about it. The Interahamwe alsowent to Sharongi, attacked Tutsis, and drove people away, like Gasamagara and VenanteKabagemi. The Interahamwe told him everything they had done when they met at theMRND office. 1069774. His information about participation of the Interahamwe in the Bugeseraattacks actually came from overhearing Jean Damascene Ryeze say so in a bar one nightwhen he was drunk. Witness AWD was with Jean Gasana. 1070 The other person he spoketo, Aminadab Buhake, the MRND President in Kicikuro commune, told him that thecomplexity and dynamism of Rwandan politics, and the fact that many persons have followed somewhatextraordinary career paths).1069 Transcript of 10 October 2007 @ 16-171070 Transcript of 8 November 2007 @ 60152

Interahamwe left his commune in large numbers to participate in the attacks. No one elsewas present when they had this conversation. 1071ii. Witness GOB775. Witness GOB also testified that the Interahamwe played a role in the killingsin Bugesera. 1072 After it was said that the RPF had laid mines in the area, theInterahamwe and members of the local population attacked the Tutsis, killing 165 peopleand displacing some 750 others. 1073 However, it was ourselves who had laid the mines inorder to make the residents of the area afraid. 1074776. Witness GOB acknowledged that he was not in Bugesera and his informationcame from information concerning an international investigation that was conducted. 1075777. The testimony of Witness AWD and GOB was contradicted by otherprosecution witnesses:iii. Witness G778. Witness G testified that the Interahamwe were not involved in the killing ofTutsis in Bugesera in 1992 as far as he knew. 1076 In fact, the members of the NationalCommittee of the Interahamwe wrote a letter to Faustin Twagiramungu of the MDRdenying his allegations that they were involved in the Bugesera killings. 1077 TheInterahamwe were not involved in attacking Tutsis in March 1992. 1078779. Mathieu Ngirumpatse was Minister of Justice during the Bugesera events inMarch 1992 and many people were arrested and remained in jail when he left office. 1079780. In April 1992, the MRND Congress passed a resolution condemning thekillings in Bugesera and other places. 1080iv. Witness T781. Witness T testified that the letter sent by the Interahamwe committee toFaustin Twagiramungu in March 1992 was in response to his baseless claims that the1071 Transcript of 8 November 2007 @ 601072 Transcript of 22 October 2007 @ 441073 Transcript of 22 October 2007 @ 44-451074 Transcript of 22 October 2007 @ 481075 Transcript of 25 October 2007 @ 471076 Transcript of 14 October 2005 @ 231077 Transcript of 14 October 2005 @ 25; Exhibit #DNZ-51078 Transcript of 14 October 2005 @ 27-281079 Transcript of 21 October 2005 @ 171080 Transcript of 14 October 2005 @ 31; Exhibit #DNZ-6153

Interahamwe were responsible for the violence in Bugesera. 1081The contents of thisletter are true. 1082 Investigations were carried out by the Ministry of Justice and it wasconcluded that the Interahamwe were in no way connected with the acts of violence. 1083To the knowledge of Witness T, the Interahamwe had no involvement in the killings inBugesera in March 1992. 1084b. Defence evidence782. Karemera Witness LOL testified that the perpetrators of the Bugeseracrimes were arrested with the support of Minister of Justice Mathieu Ngirumpatse. 1085783. Joseph Nzirorera will testify that he had no involvement with the MRNDnational structures in March 1992 and has no knowledge of or responsibility for theattacks in Bugesera.784. Charles Nyandwi will testify that he was President of the MRND for KigaliRural prefecture at the time and conducted an investigation into the Bugesera attacks. Hefound no evidence of involvement by Interahamwe.785. Georges Rutaganda and Witness 31, officers of the National Committee ofInterahamwe, will testify that the Interahamwe were not involved in the attacks inBugesera.2. 28 May 1992 MRND March and Rallya. Prosecution evidencei. Jean Bosco Twahirwa786. Twahirwa testified that he observed an MRND demonstration on 28 May1992 which began at the roundabout in Kigali town. He heard the demonstratorschanting to exterminate the Tutsi and those who sympathise with them. 1086later obtained a tape of this demonstration. 1087Twahirwa787. The recording of the MRND demonstration of 28 May 1992 provided byTwahirwa does not show any anti-Tutsi statements or songs. It contains a speech by JeanHabyarimana in which he requests the authorities to punish any individual who commits1081 Transcript of 22 May 2006 @ 351082 Transcript of 26 May 2006 @ 431083 Transcript of 22 May 2006 @ 361084 Transcript of 26 May 2006 @ 401085 Transcript of 8 July 2008 @ 43-45 (CS)1086 Transcript of 25 June 2007 @ 78-791087 Transcript of 25 June 2007 @ 80; Exhibit P91154

an offence, whether he is from the MRND party or MDR. 1088 He urged the MRNDmembers to be disciplined. 1089788. Mathieu Ngirumpatse said that the other parties wanted to destroy theInterahamwe, despite his pleas for a meeting to stop the violence. He said that henceforththe youth wing of the party would be called the JMRND-Interahamwe. The term―Interahamwe‖ does not have an aggressive connotation—it denotes unity and harmony.Ngirumpatse said that they had urged the Interahamwe to avoid acts of aggression, butwould not tolerate people forming gangs whose purpose is to attack Interahamwe. 1090789. Ngirumpatse urged people of Kigali to join the MRND and not to be forcedto join other parties. 1091 He complained that Radio Rwanda had announced plans todemobilize the soldiers in the Rwandan Army and says it would be inappropriate todemobilize soldiers during the war. 1092790. Ngirumpatse noted that some political parties had gone to Brussels tonegotiate with the Inkotanyi and said no agreements entered into without the MRND’sconsent would be honored. Ngirumpatse said that the trouble caused by the politicalparties and RPF was aimed at preventing elections from being held and that if electionswere held, the MRND would win. 1093791. At the end of the meeting, Kajuga asked the people to be disciplined as theyreturned to their homes. 1094ii. Ahmed Mbonyunkiza792. Mbonyunkiza testified that on 28 May 1992, an MRND demonstration washeld and Ngirumpatse spoke to the crowd at the roundabout in front of the PrimeMinister’s office. 1095 The Interahamwe attacked opposition party members during thisdemonstration and two people were killed. 1096 During his speech, Ngirumpatse said that1088 Exhibit P91 at page K03867781089 Exhibit P91 at page K03867791090 Exhibit P91 at page K03867811091 Exhibit P91 at page K03867811092 Exhibit P91 at page K03867821093 Exhibit P91 at page K0386782-831094 Exhibit P91 at page K03867831095 Transcript of 21 September 2005 @ 191096 Transcript of 21 September 2005 @ 19, Transcript of 22 September 2005 @ 35155

he no longer wanted to hear of the JMRND and that the Interahamwe were to be theyouth wing of the MRND from that day forward. 1097793. After 28 May 1992, Ngirumpatse issued a communiqué in which he blamedthe other parties for the violence and misrepresented the events of that day. 1098794. Mbonyunkiza’s account of the demonstration of 28 May 1992, in which heblamed MRND for the violence, is at odds with the official report made by the Prosecutorof Kigali who concluded that the attacks were directed at the MRND, who had a lawfulpermit for the demonstration. 1099He claimed that the letter was not accurate and that theProsecutor, Francis Xavier Nsanzuera, did not do his job properly. 1100795. The testimony of Twahirwa and Mbonyunkiza is also contradicted by otherprosecution witnesses:iii.Witness G796. Witness G testified that he attended the demonstration of 28 May 1992 andobserved that it was the members of the PL and other parties who attacked theInterahamwe on that occasion. He heard the speech of Mathieu Ngirumpatse that day.Ngirumpatse never said anything about exterminating Tutsis. 1101iv.Witness T797. Witness T testified that at the MRND rally on Pentacost weekend in May,1992, which was authorized by the prefet of Kigali, MRND members were attacked byyouth wings of the MDR and PL parties. 1102The opposition parties were destroyingproperty of MRND members who were attending the rally. The response by the MRNDmembers was legitimate self-defence. 1103v. Witness GOB798. Witness GOB testified that on 28 May 1992, he attended an MRND rally toprotest a speech that had been delivered by Prime Minister Dismas Nsengiyaremyeconcerning demobilization of soldiers and a speech by Justin Mugenzi of the PL partyagainst the MRND. The plan was to meet at the main Kigali roundabout and to take1097 Transcript of 21 September 2005 @ 191098 Transcript of 22 September 2005 @ 35-36; Exhibit #P21099 Transcript of 24 October 2005 @ 47-48; Exhibit #DNZ-451100 Transcript of 24 October 2005 @ 48-491101 Transcript of 14 October 2005 2005 @ 421102 Transcript of 26 May 2006 @ 561103 Transcript of 7 June 2006 @ 7156

down the flags at the PL and MDR headquarters. There was about 600 MRND memberswho took part in this march and they smashed the windows of the party headquarters. 1104799. However, there was a confrontation with members of these parties and theywere unable to reach their headquarters. They went to the prime minister’s roundabout.He was with Ngirumpatse, Karemera, and Nahimana. 1105The Interahamwe sang songs,including ―Tubatsembatsembe‖, which meant ―let us exterminate them‖ and was directedat MRND’s political enemies. 1106The enemy was anyone who did not work with orcollaborate with the MRND—the RPF, Tutsis, or political opponents. 1107800. At the roundabout in front of the Prime Minister’s office, it was said thatMRND did not agree with the opposition parties meeting with the RPF without MRNDbeing involved. 1108They called for Nsengiyaremye’s resignation because he had statedin Gikongoro that soldiers would have to be demobilized when the two armies merged.Ngirumpatse asked the MRND members to remain active and those who had left theMRND to come back. 1109b. Defence evidence801. Joseph Nzirorera will testify that he had nothing to do with the MRNDnational organs at the time of this rally and that he did not attend.802. Witness 29 and Augustin Ngirabatware will testify that they participatedin the 28 May 1992 rally and that it had nothing to do with Tutsis.803. Georges Rutaganda will testify that he attended the 28 May 1992 rally andthat it had nothing to do with Tutsis.3. MRND/CDR Coalitiona. Prosecution evidencei. Witness UB804. Witness UB testified that the MRND and CDR signed a coalition agreementtowards the end of 1993. After signing that agreement, they were like one party. 1110met Mathieu Ngirumpatse and told him that Tutsi members were leaving the MRND1104 Transcript of 22 October 2007 @ 311105 Transcript of 22 October 2007 @ 321106 Transcript of 22 October 2007 @ 34-351107 Transcript of 22 October 2007 @ 35-361108 Transcript of 22 October 2007 @ 431109 Transcript of 22 October 2007 @ 431110 Transcript of 23 February 2006@ 43He157

ecause of its coalition with CDR. Ngirumpatse said that they preferred to be in acoalition with the CDR than the Tutsis, with whom they did not share the sameopinion. 1111 Ngirumpatse said that they deemed it useful to collaborate with the CDR andTutsis were free to leave the party. Those Tutsis who stayed would be protected. 1112805. This meeting took place in the Kabuga building while Ngirumpatse was stillSecretary General of the MRND. He went with Hamadi Nshimiyimana. 1113 (In hishandwritten statement of 15 December 2004, he said he had met with Ngirumpatse in thepresence of Gabriel Mbyaliyehe and Jean Bizimana.) 1114806. After the signing of the coalition agreement, the MRND never condemnedthe acts committed by the CDR and the CDR never condemned the acts committed by theMRND. 1115 In fact, the communiqués issued by the CDR showed that the criticized theMRND and President Habyarimana on several occasions. 1116807. The coalition agreement was signed on 12 November 1992. 1117 CDRresigned from the coalition on 25 March 1993. 1118ii. Witness GOB808. Witness GOB testified that there were extremists within the MRND and theywent and formed the CDR. The two parties worked like parent and child. 1119 The CDRsaid what the MRND could not say—that Hutus had to keep power. 1120iii. Witness T809. Witness T testified that some Tutsi members of the MRND left the partywhen it formed an alliance with the CDR. However, Ngirumpatse condemned some ofthe language of the CDR party and the CDR subsequently left the alliance. 1121b. Defence evidence1111 Transcript of 23 February 2006@ 441112 Transcript of 2 March 2006@ 481113 Transcript of 2 March 2006@ 46-471114 Transcript of 2 March 2006@ 49; Exhibit #P201115 Transcript of 23 February 2006@ 451116 Transcript of 2 March 2006@ 50-54; Exhibits DNZ65-691117 Transcript of 2 March 2006@ 46; Exhibit #DNZ641118 Transcript of 2 March 2006@ 54; Exhibit #DNZ701119 Transcript of 22 October 2007 @ 511120 Transcript of 22 October 2007 @ 521121 Transcript of 31 May 2006 @ 48158

810. Karemera Witness LLK, an influential advisor to the CDR party, testifiedthat the CDR party was a completely independent party from the MRND. 1122 TheMRND had nothing to do with the creation of the CDR party. 1123 However, on 12November 1992, it signed an agreement with MRND and some other parties to form anAlliance for the Reenforcement of Democracy (―ARD‖). 1124 The CDR withdrew fromthe alliance on 23 March 1993. 1125 The Interahamwe never carried out joint activitieswith the youth of the CDR party. 1126811. On 9 March 1993, the CDR issued a communiqué calling for the resignationof President Habyarimana and criticizing him over his handling of the Arushanegotiations. 1127 On 15 April 1993, the CDR sent a letter to President Habyarimanaaccusing him of running a dictatorship. 1128812. Karemera Witness XQL, a member of the MRND prefectural committeefrom Ruhengeri, testified that the CDR was not an offspring of the MRND. They enteredan alliance at a certain point in time, but then the CDR withdrew from the alliance. 1129813. Joseph Nzirorera will testify that he was not a part of the MRND nationalorgans when the decision was made to form an alliance with the CDR. He has noknowledge of involvement of the MRND in the creation of the CDR.4. 15 November 1992 MRND Rally in Ruhengeria. Prosecution evidencei. Ahmed Mbonyunkiza814. Mbonyunkiza testified that he heard the speech of President Habyarimanaduring the MRND rally on 15 November 1992 on the radio. 1130 According to him,President Habyarimana personally committed himself during that speech to theInterahamwe being equipped for the purpose of exterminating the Tutsi. 1131ii. Witness G1122 Transcript of 22 April 2008 @ 131123 Transcript of 23 April 2008 @ 191124 Transcript of 22 April 2008 @ 25; Exhibit #DNZ-641125 Transcript of 22 April 2008 @ 26-27; Exhibit #DNZ-701126 Transcript of 23 April 2008 @ 191127 Transcript of 22 April 2008 @ 14; Exhibit #DNZ-661128 Transcript of 22 April 2008 @ 16-17; Exhibit #DNZ-671129 Transcript of 5 May 2008 @ 311130 Transcript of 22 September 2005 @ 451131 Transcript of 22 September 2005 @ 49; Transcript of 28 September 2005 @ 18159

815. Witness G testified that at the MRND rally held in Ruhengeri on 15November 1992, President Habyarimana was accompanied by his wife, who was wearingthe MRND kitenge clothing. 1132 The Interahamwe also wore this clothing—they did nothave their own uniform. 1133 The Interahamwe did not have a military or militia-likeuniform. 1134816. During the rally in Ruhengeri, Casimir Bizimungu spoke of the 400,000people displaced by the war, 100,000 of whom were in Ruhengeri and asked people toassist those persons. 1135 He spoke in support of the Arusha Accords and called forelections. 1136817. Robert Kajuga said that the Interahamwe had been falsely accused of killingsin Cyangugu. He complained about Radio Rwanda falsely accusing the Interahamwe inevents in Kigali. At that time, Radio Rwanda was under the Ministry of Information,which was controlled by the MDR party. 1137 Kajuga didn’t make any statements inRuhengeri calling for the elimination of the Tutsi. Since he was Tutsi himself, that wasimpossible. 1138818. Mathieu Ngirumpatse complained that people who were attacking MRNDmembers were not being prosecuted. 1139 He reiterated MRND’s support for the Arushanegotiations, but said they had some points to discuss concerning the composition of thenational assembly. He expressed confidence that when elections were held, MRNDwould win. 1140 Ngirumpatse never said anything to encourage Interahamwe to killTutsis. 1141819. President Habyarimana said that the opposition parties were afraid to holdelections. MRND wanted the elections to be held as soon as possible. (Witness Gbelieved that if elections were held, MRND would have won.) President Habyarimanaurged investigations into the violence and not unsubstantiated allegations against the1132 Transcript of 14 October 2005 2005 @ 231133 Transcript of 10 October 2005 @ 41; Exhibit #P-111134 Transcript of 14 October 2005 2005 @ 221135 Transcript of 14 October 2005 @ 46-47; Exhibit #DNZ-81136 Transcript of 14 October 2005 @ 47; Exhibit #DNZ-81137 Transcript of 17 October 2005 @ 4; Exhibit #DNZ-91138 Transcript of 17 October 2005 @ 4; Exhibit #DNZ-91139 Transcript of 17 October 2005 @ 18; Exhibit #DNZ-48,491140 Transcript of 17 October 2005 @ 18-19; Exhibit #DNZ-48-491141 Transcript of 17 October 2005 @ 20; Exhibit #DNZ 48-49160

political parties. 1149 iv. Witness TInterahamwe. He mentioned several areas where the Interahamwe had been falselyaccused of violence, including Bugesera. 1142 He urged the courts to do their work. 1143820. President Habyarimana declared MRND’s support for the Arushanegotiations and said it was false to say that the MRND did not support the negotiations.He said that peace is not confined to a piece of paper, it is in one’s heart. 1144 He alsourged the MRND National Secretary along with businessmen to provide the MRNDclothing to the Interahamwe. He said that when it was time to campaign for election, hewould descend with the Interahamwe and campaign. There was never any suggestionthat he was asking the Interahamwe to kill Tutsis. 1145821. Witness G did not see Nzirorera at the Ruhengeri rally. 1146iii. Witness UB822. In his speech in Ruhengeri on 15 November 1992, President Habyarimanastated that the MRND and he personally supported the Arusha Accords. 1147 Shortly afterthat speech, the Prime Minister claimed that he had spoken in opposition to those accordsand dismissed them as a piece of tissue paper. 1148 There was manipulation on all sides by823. President Habyarimana’s speech in Ruhengeri was immediately deformed bythe opposition parties who claimed that he was going to go down with his militia. In aletter dated 17 November 1992, the Prime Minister castigated the President for hisspeech, including his reference to the Arusha Accords as a scrap of paper. 1150 Theopposition immediately misrepresented the content of Habyarimana’s speech. 1151v. Witness HH824. He understood President Habyarimana to say at the rally in Ruhengeri inNovember 1992 that the Interahamwe would descend to lead a campaign designed to1142 Transcript of 17 October 2005 @ 25; Exhibit #DNZ-471143 Transcript of 17 October 2005 @ 26; Exhibit #DNZ-471144 Transcript of 17 October 2005 @ 26; Exhibit #DNZ-471145 Transcript of 17 October 2005 @ 27; Exhibit #DNZ-471146 Transcript of 14 October 2005 @ 471147 Transcript of 1 March 2006@ 521148 Transcript of 1 March 2006@ 541149 Transcript of 1 March 2006@ 581150 Transcript of 22 May 2006 @ 63, Exhibit P261151 Transcript of 29 May 2006 @ 6161

swell their membership ranks. 1152 He claimed that Nzirorera was present at this rally andgave a speech. 1153 After viewing the videotape of the rally overnight, Witness HHclaimed that he had mistaken someone else for Nzirorera, and denied having testified thatNzirorera had made a speech. 1154vi. Witness GOB825. Witness GOB testified that he attended the MRND rally in Ruhengeri on 15November 1992, arriving with Jacques Rusirare. He acknowledged that he did notappear on the video of the rally when the members of the National Committee werecalled out onto the field and introduced individually, but claimed that perhaps he arrivedafter the introductions or that the video is not complete. 1155826. At the MRND rally in Ruhengeri, President Habyarimana said that theMRND would not accept the Arusha Accords. 1156 The President himself said he was notin agreement with the Arusha Accords. It was a scrap of paper that could not beimplemented. 1157 Ngirumpatse also said the MRND would never accept the ArushaAccords. 1158827. When President Habyarimana used the term ―come down‖ with theInterahamwe, opposition parties interpreted it to mean that the people of the north wouldattack the people of the south. But we interpreted it as he would campaign with them forelection. 1159828. As of that time the Interahamwe had been involved in violent acts directed atTutsis and political opponents, particularly the PL party. They could not have carried outthese acts without the direction of MRND leadership. 1160b. Defence evidence829. Karemera Witness XQL testified that she attended the 15 November 1992MRND rally in Ruhengeri stadium. Joseph Nzirorera was not present. 1161 On that1152 Transcript of 8 November 2006 @ 461153 Transcript of 15 Nov 2006 @ 61,631154 Transcript of 16 November 2006 @ 2-31155 Transcript of 24 October 2007 @ 12; Exhibit P111156 Transcript of 22 October 2007 @ 431157 Transcript of 22 October 2007 @ 491158 Transcript of 22 October 2007 @ 491159 Transcript of 22 October 2007 @ 501160 Transcript of 22 October 2007 @ 511161 Transcript of 5 May 2008 @ 29162

occasion, President Habyarimana did not speak against the Arusha Accords, butsupported it firmly. 1162 When he said he would descend with the Interahamwe, PresidentHabyarimana was referring to campaigning for election. 1163830. Joseph Nzirorera will testify that he was in Europe at the time of this rallyand did not attend.831. Casimir Bizimungu will testify that the speeches at the Ruhengeri rally hadnothing to do with extermination of Tutsis.832. George Rutaganda will testify that he attended the MRND rally inRuhengeri and understood the President to be referring to elections, not attacks on Tutsis.5. 22 November 1992 Leon Mugesera Speech at Kabayaa. Prosecution evidencei. Witness UB833. Witness UB heard excerpts of the speech of Leon Mugesera on 22 November1992 broadcast on Radio Rwanda. The thrust of the speech was that the Tutsis were notRwandan citizens and that they should be sent back from whence they came via theNyabarongo River. 1164 After the speech, the members of the MRND prefecturalcommittee for Kigali ville got together and criticized that speech. The committeemembers went to see Mathieu Ngirumpatse and we told him that the speech had insultedmany Rwandans. Ngirumpatse said he had heard the speech in question but couldn’t doanything about it. 1165834. He heard Mugesera’s speech broadcast on Radio Rwanda the same day orthe next day. 1166 Other people heard it over RTLM. 1167 However, RTLM was not inexistence in November 1992. 1168 In the broadcast he heard, Mugesera was saying that theTutsis should be sent back by the shortest route—the Nyabarongo River. 1169 Witness UB1162 Transcript of 5 May 2008 @ 311163 Transcript of 6 May 2008 @ 231164 Transcript of 23 February 2006@ 25-261165 Transcript of 23 February 2006@ 26,281166 Transcript of 1 March 2006@ 591167 Transcript of 1 March 2006@ 591168 Transcript of 1 March 2006@ 59-601169 Transcript of 1 March 2006@ 61163

denied that the broadcast over Radio Rwanda did not include any reference to the Tutsisor the Nyabarongo River. 1170835. Mugesera was a member of the MRND and if he made that speech, it meantthe MRND had been consulted. 1171 However, he has no information that the MRNDofficials approved the speech in advance. 1172 Ngirumpatse also never condemned thespeech. 1173 Directly after Mugesera’s speech, Tutsi began to be killed. 1174 However, hehas no information as to any killings in Kabaya after the speech of Mugesera. 1175836. After the speech of Mugesera, an arrest warrant was issued for him on 6December 1992. 1176 At a meeting of the MRND political bureau on 7 December 1992, atwhich Mathieu Ngirumpatse was not present, the members could not agree on whether tocondemn the speech of Mugesera. 1177 It was Ngirumpatse’s duty to carry out thatdecision. 1178837. He went to meet Ngirumpatse after Mugesera’s speech. The meeting was atNgirumpatse’s MRND office, although he could not recall which building it was in at thetime. 1179 He was present with Jean Habyarimana, Gabriel Mbyaliyehe, and possibly JeanBizimana. 1180 They expressed their concern over Mugesera’s speech. Ngirumpatse saidthat the executive committee was aware of it and that they had studied the matter. 1181(However, in his handwritten statement of 15 December 2004, he made no mention ofthis meeting with Ngirumpatse in November-December 1992) 1182ii. Witness T838. Witness T testified that the speech by Leon Mugesera on 22 November 1992was a call to murder Tutsis. An arrest warrant was issued for Mugesera and he managed1170 Transcript of 2 March 2006@ 6-7; Exhibit IDNZ11, 121171 Transcript of 23 February 2006@281172 Transcript of 2 March 2006@ 121173 Transcript of 23 February 2006@281174 Transcript of 23 February 2006@291175 Transcript of 2 March 2006@ 111176 Transcript of 2 March 2006@ 12; Exhibit #DNZ601177 Transcript of 2 March 2006@ 14; Exhibit #DNZ611178 Transcript of 2 March 2006@ 151179 Transcript of 2 March 2006@ 161180 Transcript of 2 March 2006@ 171181 Transcript of 2 March 2006@ 201182 Transcript of 2 March 2006@ 22; Exhibit #P20164

the MRND party. 1184 iii. Witness ALGMugesera. 1188 iv. Witness AWDto escape with the help of some senior officers of the Rwandan Army. 1183 Does notbelieve that Mugesera’s speech was approved in advance by MRND leaders because afterthe speech they abandoned him. The speech did not reflect the views of Ngirumpatse nor839. Witness ALG acknowledged that he had been mistaken in his letter to theprosecution that Nzirorera was a member of the MRND National Executive Committee atthe time of the speech of Mugesera. In fact, Nzirorera was one of 44-55 members of theMRND National Committee at the time. 1185840. Witness ALG acknowledged that he might have been mistaken when heclaimed that Leon Mugesera was working for the MRND Secretariat at the time he madehis speech. 1186841. After the speech by Leon Mugesera on 22 November 1992, some membersof the MRND prefectural committee for Kigali Ville urged the President JeanHabyarimana to request that the national bureau of the MRND issue a communiquéstating that the speech of Mugesera did not represent the views of the party.Habyarimana told them that no decision had been taken by the national MRND. 1187842. Witness ALG testified that he had no recollection of attending a meetingwith Witness UB and Ngirumpatse in which they expressed concern over the speech of843. Witness AWD was not present in Kabaya when Leon Mugesera made hisspeech, but Mugesera repeated the same speech at a rally in Gisenyi which WitnessAWD attended. 1189844. After the speech by Leon Mugesera, they complained to Jean Habyarimana,who said that the matter had been discussed during a meeting, and they had to take thingsas they stood. They then approached Ngirumpatse, who said that Mugesera was an1183 Transcript of 22 May 2006 @ 641184 Transcript of 29 May 2006 @ 71185 Transcript of 2 November 2006 @ 19,251186 Transcript of 26 October 2006 @ 56; Transcript of 2 November 2006 @ 241187 Transcript of 1 November 2006 @ 8-91188 Transcript of 2 November 2006 @ 261189 Transcript of 7 November 2007 @ 39165

important member of the party and they needed to take the situation as it presenteditself. 1190845. Although he wasn’t present when Mugesera made his speech in Kabaya, hewas personally present when Mugesera made the same speech at Gisenyi stadium ataround the same time. However, he could not name any other person who was present inGisenyi when Mugesera made that speech. 1191v. Witness GOB846. Witness GOB testified that he did not attend the speech of Leon Mugesera atKabaya but the RTLM and Radio Rwanda reported his remarks. 1192 Members of theMRND hid him so he was not able to be arrested. 1193847. Witness GOB said that information in the Isibo newspaper to the effect thatMugesera had fled to Gisenyi and crossed to Goma was false. 1194 He also could notconfirm Mugesera’s account to the Canadian authorities that he had hidden in the homeof his brother-in-law Marcel in Remera and then in Gisenyi at the residence of Dr. JeanBaptiste Gatorano, who took him to the border where he crossed into Goma. 1195848. Witness GOB claimed that Leon Mugesera subsequently returned and wasappointed Chief of the Cabinet in the Ministry of Women and Family Affairs. 1196However, he later acknowledged that he held that post before he fled. 1197849. Witness GOB testified that he knew nothing about the MRND Kigali-villeprefecture committee going to see Mathieu Ngirumpatse to complain about Mugesera’sspeech, as claimed by Witness UB. 1198850. On 29 November 1992, he was at Gitarama stadium with Ngirumpatse,Banzi Wellars, Armandin Rugira, Callixte Nzabonimana, and Thomas Kigufi. 1199Juvenal Rugambarara was also present. 1200 Witness GOB asked Ngirumpatse what he1190 Transcript of 10 October 2007 @ 221191 Transcript of 9 November 2007 @ 3-61192 Transcript of 22 October 2007 @ 52-531193 Transcript of 22 October 2007 @ 551194 Transcript of 24 October 2007 @ 16-17; Exhibit DNG-841195 Transcript of 25 October 2007 @ 48; IDNZ-661196 Transcript of 24 October 2007 @ 171197 Transcript of 25 October 2007 @ 481198 Transcript of 25 October 2007 @ 491199 Transcript of 25 October 2007 @ 471200 Transcript of 25 October 2007 @ 47; Exhibit DNZ-353166

thought of Mugesera’s speech. He replied that Mugesera was moving ahead of their plansand had made his statement too early. Mugesera made a speech at that rally and said theother parties were five headed devils. 1201vi. Documentary evidence851. On 1 July 1994, the speech of Leon Mugesera given at Kabaya on 22November 1992 was rebroadcast on RTLM. In the speech, Mugesera rails against theMDR party for having sold out to the Inkotanyi, and calls for vigilence against peoplewho are working with the Inkotanyi to attack the country. 1202852. A video clip of Leon Mugesera speaking in Umaganda stadium is mislabeledas the speech of 22 November 1992 in Kabaya. 1203b. Defence evidence853. Joseph Nzirorera will testify that he was not part of the MRND nationalorgans at the time of the Mugesera speech and he was not present when it was made.854. Leon Mugesera testified that sometime prior to July 1992, he gave a speechat Umuganda Stadium in Gisenyi in which he criticized President Habyarimana and theMRND Minister of Interior Faustin Munyaseza. 1204 That was the speech depicted in thevideo which is prosecution exhibit P257. That exhibit does not depict the speech he gavein Kabaya. 1205855. After that speech, Ngirumpatse sent him a message to apologize to MinisterMunyaseza, which Mugesera refused to do. 1206 Ngirumpatse also indicated that he didnot want Mugesera to make a speech at the 5 July 1992 party gathering in Kigali, as hehad been slated to do. 1207 As a result, his relations with Mathieu Ngirumpatse were poor,and they remained that way up to the time he gave his speech at Kabaya in November1992. 1208856. When he attended the MRND meeting at Kabaya on 22 November 1992, hehad not planned on making a speech. Someone at the meeting suggested he make a short1201 Transcript of 22 October 2007 @ 561202 P2541203 P2571204 Transcript of 21 April 2009 @ 171205 Transcript of 21 April 2009 @ 151206 Transcript of 21 April 2009 @ 191207 Transcript of 21 April 2009 @ 201208 Transcript of 21 April 2009 @ 21167

statement so he could be known before the upcoming elections. So he jotted some notesand took the floor. 1209was going to say. 1210He did not consult with any MRND national officials on what he857. His speech at Kabaya was not broadcast over Radio Rwanda in the followingdays. The report of the meeting that was broadcast made no mention of any remarksdirected at Tutsis. 1211Witness AWD. 1212He did not repeat the speech in Umuganda Stadium as claimed byContrary to the testimony of Witness GOB, he never made anyspeech a week later at any MRND rally. 1213GOB. 1214 .858. The MRND never assisted him to avoid arrest, as claimed by Witness859. Jean Marie-Vianney Higiro, whose written statement was admittedpursuant to Rule 92 bis, was director of ORINFOR. ORINFOR had a practice ofrecording all speeches made at political party rallies. The report of Mugesera’s speechbroadcast on Radio Rwanda by journalist Florent Kampayana, an MRND member, didnot contain Mugesera’s remarks about sending Tutsis back from whence they came viathe Nyabarongo River. RTLM was not in existence at that time.860. When he learned of the contents of the tape of Mugesera’s speech, he calledFaustin Twagiramungu and briefed him as to the contents of Mugesera’s speech.Twagiramungu asked him to make a copy. After he gave the copy to Twagiramungu, theMDR disseminated the speech. The speech was also transcribed by the MDR and sent todiplomats and disseminated around the world. This is how Leon Mugesera’s speech cameto be disseminated in Rwanda. Through 9 April 1994, when he left Rwanda, RadioRwanda had never broadcast Mugesera’s speech. 1215861. Witness 29 will testify that Witness UB and Witness ALG never asked himto condemn the speech, they never discussed the speech with Ngirumpatse and noresolution condemning the speech was adopted by the MRND at the Kigali prefecturelevel.1209 Transcript of 21 April 2009 @ 221210 Transcript of 21 April 2009 @ 231211 Transcript of 21 April 2009 @ 23; Exhibit DNZ-5021212 Transcript of 21 April 2009 @ 23-241213 Transcript of 21 April 2009 @ 251214 Transcript of 21 April 2009 @ 251215 Exhibit DNZ-643168

862. In addition to these common events, there is significant other evidenceshowing that many of the prosecution witnesses lied about other facts during theirtestimony.6. Ahmed Mbonyunkizaa. Prosecution evidencei. Ahmed Mbonyunkiza863. Mbonyunkiza testified that during the first two weeks of February, 1992 heparticipated in the first of three MRND meetings held on Wednesday evenings at theRubangura building. 1216 Mathieu Ngirumpatse, the President of MRND for Kigali-villeprefecture, presided at the meeting and introduced the members of the NationalCommittee of the Interahamwe. 1217 He said he was bringing the Interahamwe to buildawareness of the MRND party. 1218 Their purpose was to organize meetings aboutpropaganda for the MRND, to protect MRND members and the party’s insignia from theopposition parties, and to attack and protect themselves from the Inkotanyi. 1219Mbonyunkiza listed some 45 persons who he recalled being present at this meeting. 1220864. The next week, he attended the second meeting involving the Interahamwe.The same people from the first meeting attended, with the addition of three others. 1221 Atthis meeting, Ngirumpatse said that the Tutsi who were members of the Inkotanyi and inthe opposition needed to be pursued and killed. 1222 At this meeting, Simon Bikindi andSukari introduced a song they had composed about exterminating the Tutsi. 1223 Samplesof clothing and axes were displayed at the meeting and it was decided that they should beordered for the Interahamwe members. 1224 Membership cards were displayed, but it wasexplained that before one could obtain a membership card, it was necessary to undergomilitary training. 12251216 Transcript of 20 September 2005 @ 451217 Transcript of 20 September 2005 @ 45; Transcript of 3 October 2005 @ 91218 Transcript of 20 September 2005 @ 451219 Transcript of 3 October 2005 @ 9-101220 Transcript of 3 October 2005 @ 4; Exhibit #DNZ-41221 Transcript of 3 October 2005 @ 14-151222 Transcript of 20 September 2005 @ 52; Transcript of 3 October 2005 @ 251223 Transcript of 20 September 2005 @ 55; Transcript of 3 October 2005 @ 22-231224 Transcript of 20 September 2005 @ 56; Transcript of 3 October 2005 @ 151225 Transcript of 3 October 2005 @ 24169

865. The third meeting was held one week later. At this meeting, Desire Murenzihad been replaced by Augustin Ngirabatware as honorary President of theInterahamwe. 1226 Ngirumpatse said that the time had come to implement the project ofhunting down the Inyenzi. 1227 It was said that no one could attend subsequent meetings ifthey did not have an Interahamwe membership card. 1228 He decided not to join theInterahamwe and did not attend any subsequent meetings. 1229866. By the time he left the third meeting in February 1992, Mbonyunkizaacknowledged that it was clear to him that the MRND party was going to pursue aprogram of killing Tutsis. 1230 Yet he: (1) accepted a position at the Ministry of Justiceunder Ngirumpatse in March 1992 1231 ; (2) was still volunteering at the MRND office 1232and wearing an MRND cap when he was struck on the head on 7 May 1992 1233 ; (3) wentto Mathieu Ngirumpatse while still bleeding and in need of medical attention 1234 ; and (3)took a day off from work to march in the MRND rally of 28 May 1992. 1235867. Mbonyunkiza testified that he was elected Chairman of the JMRND, theyouth of the MRND party, on 19 December 1991. 1236868. Mbonyunkiza’s testimony was contradicted by a number of the prosecution’sown witnesses:ii. Witness G869. Witness G, an officer of the National Interahamwe Committee, testified thathe did not know Ahmed Mbonyunkiza. He had no knowledge of a separate organizationfrom the Interahamwe known as the JMRND. 1237870. Witness G testified that the Interahamwe met on Wednesday eveningsbeginning in November 1991. He attended these meetings regularly. 1238 He went every1226 Transcript of 20 September 2005 @ 59; Transcript of 3 October 2005 @ 351227 Transcript of 20 September 2005 @ 601228 Transcript of 21 September 2005 @ 101229 Transcript of 21 September 2005 @ 101230 Transcript of 3 October 2005 @ 371231 Transcript of 3 October 2005 @ 401232 Transcript of 3 October 2005 @ 401233 Transcript of 21 October 2005 @ 81234 Transcript of 21 October 2005 @ 8-91235 Transcript of 24 October 2005 @ 351236 Transcript of 20 September 2005 @ 341237 Transcript of 14 October 2005 2005 @ 161238 Transcript of 14 October 2005 2005 @ 16170

week. 1239 He would have attended at least three of four meetings in a given month. 1240He did not know Ahmed Mbonyunkiza. At weekly meetings in February, 1992, neitherMathieu Ngirumpatse nor anyone else spoke of exterminating the Tutsi. 1241871. Witness G testified that at the Wednesday meetings, Simon Bikindi neverintroduced a song about exterminating Tutsis. 1242 He never saw Gaspard Uwizigaraattend any of the Interahamwe meetings, nor did he see anyone display an axe or offer tosupply large quantities of axes during the Interahamwe meetings. There was no militarytraining of Interahamwe in 1992 and it was not necessary to undergo military training inorder to be a member of the Interahamwe. 1243 Desire Murenzi was never replaced byAugustin Ngirabatware in the Interahamwe organization. He never heard of a plot to killAhmed Mbonyunkiza. 1244iii. Witness UB872. Witness UB testified that he was a member of the MRND Kigali villeprefectural committee and that there was never an occasion when Ngirumpatse wasPresident of Kigali ville prefecture that he made statements calling for the exterminationof the Tutsi. Tutsis were even members of the Interahamwe at that time. 1245Ngirumpatse could not and did not make such a statement. Most members of MRND inKigali at that time were Tutsis. 1246 The Interahamwe did not acquire axes at this time andmilitary training of Interahamwe did not take place in 1992. It was not necessary toundergo military training to join the Interahamwe. 1247 Witness UB was acquainted withAhmed Mbonyunkiza and knew he had left the MRND to join the PSD party, but knewof no office he held with the MRND youth and no plot to kill him. 1248873. He attended regular meetings of the MRND prefectural committee for Kigaliville in the building owned by Vedaste Rubangura on Wednesday evenings during the1239 Transcript of 28 October 2005 @ 231240 Transcript of 14 October 2005 2005 @ 181241 Transcript of 14 October 2005 2005 @ 161242 Transcript of 14 October 2005 2005 @ 181243 Transcript of 14 October 2005 2005 @ 191244 Transcript of 14 October 2005 2005 @ 191245 Transcript of 1 March 2006@ 331246 Transcript of 1 March 2006@ 361247 Transcript of 1 March 2006@ 34-351248 Transcript of 1 March 2006@ 36171

member. 1251 iv. Witness Tplot to kill him. 1256 vi. Witness HHtime that Mathieu Ngirumpatse was President of MRND for Kigali ville prefecture. 1249On one of these occasions, Ngirumpatse introduced Robert Kajuga and Jean PierreTuratsinze to the members of the prefectural committee. 1250 Ahmed Mbonyunkiza couldnot attend meetings of the MRND prefectural committee because he was not a874. Witness T regularly attended the Wednesday night meetings of theInterahamwe committee. 1252 He does not know Ahmed Mbonyunkiza. 1253 He neverheard Ngirumpatse say at these meetings that the Tutsis needed to be pursued and killed.He never observed Gaspard Ukwizagira display axes at the meetings. Bikindi neverattended the meetings and he never heard a song introduced at the meetings aboutexterminating Tutsis. It was not necessary in 1992 to undergo military training to join theInterahamwe. Augustin Ngirabatware was never appointed honorary President of theInterahamwe. Witness T knew of no plot to kill Ahmed Mbonyunkiza. 1254v. Witness ALG875. Witness ALG attended Wednesday night meetings of the MRND Kigaliprefecture committee in January and February 1992 at which Ngirumpatse hadintroduced Kajuga and Turatsinze as leaders of the Interahamwe. Ngirumpatse did notcall for extermination of the Tutsis. 1255 There was no discussion about the Interahamweacquiring axes. It was not necessary for persons to undergo military training to join theInterahamwe. Witness ALG did not know Ahmed Mbonyunkiza and did not know of a876. Witness HH first attended meetings of the Interahamwe in May and June1992. At this time, the consensus was for peace, unity, and development. There were no1249 Transcript of 1 March 2006@ 321250 Transcript of 1 March 2006@ 331251 Transcript of 28 February 2006@ 351252 Transcript of 26 May 2006 @ 361253 Transcript of 26 May 2006 @ 371254 Transcript of 26 May 2006 @ 381255 Transcript of 2 November 2006 @ 221256 Transcript of 2 November 2006 @ 23172

axes. 1257 vii. Witness AWDInterahamwe. 1260 viii. Witness GOButterances or songs calling for the killing of the Tutsis, nor any talk of machetes or877. Witness AWD, who was among those Mbonyunkiza listed, never attendedany meetings at the Rubangura building at which the Interahamwe were introduced. 1258He had never been in a meeting with the list of people who Ahmed Mbonyunkiza said hehad attended a meeting with. 1259 He did not know Ahmed Mbonyunkiza. He never heardthat Augustin Ngirabatware had replaced Desiree Murenzi as honorary President of the878. Witness GOB had never heard of Ahmed Mbonyunkiza and was not awareof his ever being President of the JMRND. 1261b. Defence evidence879. Joseph Nzirorera will testify that he was not a member of the MRNDexecutive bureau during 1992 nor attended any meetings with Interahamwe. There wereno calls to exterminate Tutsis at MRND private or public meetings, and thatMbonyunkiza’s version of these meetings is pure fiction.880. Witness 29, Witness 31, Simon Bikindi, , Jean BerchmansIminanibishaka, Francois Karera, Aloys Simba, Charles Nyandwi, BernardHabyarimana, Leon Habyarimana, Winnie Musabeyezu, and George Rutaganda,who were listed as having attended the meetings, will testify that at no time wasextermination of the Tutsis contemplated or discussed.7. Witness Ga. Prosecution evidencei. Witness G881. Witness G claimed that a parallel committee of the National Interahamweconsisting of Bernard Maniragaba, Joseph Serugendo, Jean Pierre Sebanetsi, and Ephrem1257 Transcript of 10 November 2006 @ 161258 Transcript of 8 November 2007 @ 531259 Transcript of 8 November 2007 @ 53: Exhibit DNZ-41260 Transcript of 8 November 2007 @ 541261 Transcript of 25 October 2007 @ 45173

Nkezabera started doing things which the officers of the National Committee were notaware of. 1262882. He testified Bernard Maniragaba, Jean Pierre Sebanetsi, Joseph Serugendo,and Ephrem Nkezabera worked directly with the MRND secretariat headed by Nzirorera.Maniragaba was related by marriage to Nzirorera. He claimed they called those peoplethe parallel committee. 1263883. However, he was not able to point to a single document verifying theexistence of this parallel committee. 1264 He never transferred the bank account to anyoneelse or authorized other people to sign. 1265 He never submitted a letter of resignation. 1266He continued to sign Interahamwe public letters through January 1994. 1267 Even after 6April 1994, Robert Kajuga continued to issue communiqués and grant interviews asPresident of the Interahamwe. Even Witness G signed a communiqué on 14 June 1994asking the Interahamwe to return to Kigali with their weapons 1268 and used his status asInterahamwe National Committee member to get through roadblocks. 1269884. Witness G received $30,000 in cash as a result of his cooperation with theprosecution. 1270 In addition, the costs of relocating his family were paid. 1271 He receivedsubsistence each month since September 1999, 1272 as well as funds for education andvocational training. 1273 He has been granted permanent resident status in the country towhich he was relocated. 1274 He has been provided with a new identity. 1275885. Witness ALL-42, an RPF insider whose testimony in the Bagosora et al trialwas admitted pursuant to Rule 92 bis, testified that Witness G was working on behalf ofthe RPF. 12761262 Transcript of 20 October 2005@ 31 (closed session)1263 Transcript of 13 October 2005 @ 14 (closed session)1264 Transcript of 20 October 2005@ 32 (closed session)1265 Transcript of 20 October 2005@ 32 (closed session)1266 Transcript of 20 October 2005@ 32 (closed session)1267 Transcript of 20 October 2005@ 33 (closed session)1268 Transcript of 20 October 2005@ 33 (closed session)1269 Transcript of 20 October 2005@ 33 (closed session)1270 Transcript of 20 October 2005@ 421271 Transcript of 20 October 2005@ 421272 Transcript of 20 October 2005@ 431273 Transcript of 20 October 2005@ 461274 Transcript of 20 October 2005@ 501275 Transcript of 20 October 2005@ 511276 Exhibit DNZ-517174

886. A document provided by the prosecution in 2008 shows that hundreds ofthousands of dollars was paid for his benefit as a result of his cooperation with theprosecution. 1277887. In the Bagosora et al case, the Trial Chamber concluded that that Witness G(known as Witness A in that case), as a senior Interahamwe leader, had an interest inminimising his own involvement and shifting blame to senior authorities. 1278ii. Witness T888. Witness T testified that the claim that a parallel committee of the nationalInterahamwe committee came into existence and usurped the functions of that committee,particularly [Kajuga and Niyitegeka], is a fairy tale. No one in the national Interahamwecommittee was aware of such a thing. 1279 Such an event would have been featured in thenewspapers of the opposition parties. 1280b. Defence evidence889. Joseph Nzirorera will testify that he was unaware of any parallel committeewithin the National Committee of the Interahamwe and that he never worked with certainmembers of the committee to the exclusion of others.890. Georges Rutaganda will testify that he was unaware of any parallelcommittees within the National Committee of Interahamwe.891. Witness 36 will testify that he was approached by Witness G and asked toimplicate MRND leaders in exchange for money.8. Witness UBa. Prosecution evidencei. Witness UB892. When Witness UB was questioned by Rwandan authorities in 1996, he liedto them and said that he had not left his house on 7 April. 1281 He also lied to them when1277 Exhibit DNZ-4671278 Prosecutor v Bagosora et al, No. ICTR-98-41-T, Judgement (18 December 2008) at para. 15441279 Transcript of 29 May 2006 @ 31280 Transcript of 29 May 2006 @ 41281 Transcript of 9 March 2006@ 11, 46; Exhibit #DNZ93175

he said he had not gone to his secteur office until Sunday. 1282 He said he was ready to tellthem anything to save his skin. 1283893. He went to trial in Rwanda and maintained his innocence. He claimed thathe was only an ordinary member of the MRND, when in fact he had been a member ofthe MRND prefectoral and communal committees and the prefectural bureau, holding thepost of treasurer. 1284 He also falsely told the Court that he had not left his home from the4 th to 15 th of April. 1285894. A total of ten witnesses made allegations against him at his trial indicatingthat he had been involved in the killing and in the distribution of weapons. He claims allof them were lying. 1286 The judges did not find him credible and convicted him. 1287895. Witness UB claimed never to have set foot at St. Andre Parish. 1288 However,Father Otto Meyer and three survivors of the events accused him of driving a truck inwhich refugees were taken from the parish and shot on the road. 1289 Witness UB deniedthese allegations. 1290896. In 2004, a study of Muslim participation in the Rwandan genocide concludedthat ―everyone agrees that Karekezi participated with vigor, inciting from people from hisposition as a local leader to participate, sometimes even leading the attacks. They claimthat even if he did not pull the trigger, he ordered others to." 1291897. In 2005, he was reported to have said in an interview with the ChicagoTribune that ―didn't kill anyone with his own hands, but he sent others to do so.‖ WitnessUB denied making that statement. 1292898. In his case at the Appeals Court, his lawyers represented that he wasTutsi. 12931282 Transcript of 9 March 2006@ 461283 Transcript of 9 March 2006@ 46 (CS)1284 Transcript of 10 March 2006@ 7 (CS); Exhibit #DNZ951285 Transcript of 10 March 2006@ 7 (CS); Exhibit #DNZ951286 Transcript of 10 March 2006@ 8-12; 15-18 (CS); Exhibit #DNZ951287 Transcript of 28 February 2006@ 431288 Transcript of 9 March 2006@ 49 (CS)1289 Transcript of 9 March 2006@ 50-53 (CS); Exhibit #IDNZ131290 Transcript of 9 March 2006@ 49-511291 Transcript of 10 March 2006@ 19-20 (CS)1292 Transcript of 10 March 2006@ 22 (CS); Exhibit #DNZ531293 Transcript of 28 February 2006@ 48, DNZ55; Transcript of 10 March 2006@ 18 (CS); Exhibit#DNZ95176

899. He claimed that Nzirorera was a member of the commission responsible forrenovating the MRND, 1294 and was one of the personalities who conceived and wrotedown the statutes of the MRND 1295 and to draft the MRND Constitution. 1296 On crossexamination, Witness UB maintained, ―I never said Nzirorera was a member of anycommittee or commission.‖ 1297900. When confronted with verbatim tapes and transcripts of speeches byNgirumpatse or Renzaho, Witness UB frequently took the position that the material hadbeen altered by the defence in order to justify the fact that the contents proved theopposite of his position. 1298901. Witness UB testified that in 1993, Ngirumpatse chaired an MRND meetingin Murambi commune, Byumba prefecture. Gatete, the bourgmestre of Murambi andmember of the MRND national committee, spoke at this meeting. 1299 It was near the endof 1993, after the National Congress. 1300 Jean Baptiste Gatete had been replaced asbourgmestre in March 1993, but he still presided over this meeting. 1301 Witness UBcould not name another individual who attended this rally other than himself,Ngirumpatse, Gatete, and Kabagema. 1302902. At one point during his cross-examination, Witness UB said thatNgirumpatse had given weapons to him and asked him to distribute them 1303 —astatement that he later disavowed, saying that no MRND authority had ever given himweapons. 1304903. Witness UB accused former Prime Minister Pierre Celestin Rwigema ofdistributing weapons. 13051294 Transcript of 23 February 2006@ 201295 Transcript of 23 February 2006@ 201296 Transcript of 23 February 2006@ 21; Transcript of 28 February 2006@ 491297 Transcript of 28 February 2006@ 501298 Transcript of 6 March 2006@ 3; Transcript of 7 March 2006@ 12-13,27, 29, 30, 42; Transcript of 8March 2006@ 38, 40-411299 Transcript of 28 February 2006@ 361300 Transcript of 23 February 2006@ 471301 Transcript of 2 March 2006@ 581302 Transcript of 3 March 2006@ 31303 Transcript of 10 March 2006@ 12 (CS)1304 Transcript of 10 March 2006@ 14 (CS)1305 Transcript of 9 March 2006@ 47-48; Exhibit #DNZ93, 94177

904. In the second half of May, 1994, Witness UB traveled to Bugarama, inCyangugu prefecture, to see his family. 1306 While there, he was told by YusufMunyakazi that the Interahamwe had gone to Bisesero to attack the Tutsis at the requestof Mathieu Ngirumpatse, who had telephoned him. 1307 He said Mathieu had alsotelephoned Prefet Bakambiki to get help for the Interahamwe to travel to Bisesero. 1308905. Witness UB testified that on 2 July 1994, the bourgmestre of his communeasked him to burn copies of his reports. 1309ii. Witness ALG906. Witness ALG testified that he never instructed Witness UB or anyconseillers to burn their reports prior to going into exile, 1310 and another conseiller,Witness AWE, testified that he was never told by the bourgmestre to burn his reports. 1311iii. Witness HH907. Witness HH testified that Witness UB played a role in prison Gacacaproceedings in sensitizing prisoners and trying to convince them to confess. 1312b. Defence evidence908. Karemera Witness LOL testified that he never spoke with YusufMunyakazi about any order from Ngirumpatse that Interahamwe should be sent toBisesero. 1313909. Pierre Celestin Rwigema, former Prime Minister, will testify that he neverdistributed weapons as alleged by Witness UB.910. Witness 29 will testify that Witness UB was a leader of a group of people,also including Witnesses ALG, HH, and AWE, who met frequently in Kigali prison andsought to falsely accuse authorities in Arusha to obtain their own freedom.911. Witness 34, a bodyguard of Witness UB, will testify that they never went toCyangugu and that Witness UB’s behavior during the genocide was not innocent as heclaimed.1306 Transcript of 8 March 2006@ 471307 Transcript of 28 February 2006@ 311308 Transcript of 8 March 2006@ 471309 Transcript of 23 February 2006@ 81310 Transcript of 7 November 2006@ 35-361311 Transcript of 10 July 2007 @ 151312 Transcript of 20 November 2006 @ 9; Exhibit DNZ-1991313 Transcript of 8 July 2008 @ 49178

912. Jean Baptiste Gatete will testify that he never presided at any MRNDrallies in Murambi in 1993.913. In the Renzaho case, the Trial Chamber found that the evidence of WitnessUB must be viewed with caution because of his conviction of crimes in Rwanda relatingto the genocide, the fact that Witnesses UB, ALG, and AWE were detained in the sameprison at the time of their testimony, and his interest in shifting blame for his actions ontoothers and currying favor with Rwandan authorities. 13149. Witness T914. In the Bagosora et al case, the Trial Chamber concluded that that Witness T(known as Witness BY in that case), as a senior Interahamwe leader, had an interest inminimising his own involvement and shifting blame to senior authorities. 1315 It alsoconcluded that Witness T was willing to mislead Tribunal officials when he perceived itto be in his best interest. 131610. Witness ALGa. Prosecution evidencei. Witness ALG915. Witness ALG acknowledged that when he was first arrested, he did not sayeverything, and tried to limit certain facts or events. 1317916. Witness ALG acknowledged that he talked to Amri Karekezi on severaloccasions when they were detained at the same prison, 1318 as well as Joseph Setiba. 1319He was in Arusha with Witness UB in April and May 2004 and they were able toconverse freely. 1320917. Witness ALG was provisionally released pending his trial on 26 July2005. 1321 His co-accused, a conseiller who had been discharged on 30 April 1994, hasnever been provisionally released. 13221314 Prosecutor v Renzaho, No. ICTR-97-31-T, Judgement (14 July 2009) at paras. 166,4871315 Prosecutor v Bagosora et al, No. ICTR-98-41-T, Judgement (18 December 2008) at para. 15441316 Para. 15411317 Transcript of 27 October 2006 @ 33-341318 Transcript of 30 October 2006 @ 201319 Transcript of 30 October 2006 @ 501320 Transcript of 7 November 2006@ 471321 Transcript of 7 November 2006@ 39; Exhibit DNZ-1891322 Transcript of 7 November 2006@ 50179

ii. Witness HH918. Witness HH testified that he never told Witness ALG in prison about theincident on 8 April 1994 when Kajuga came to his bar, 1323 meeting of Interahamwe atManiragaba’s bar, or the 10 April meeting at the Diplomat Hotel. 1324 Witness ALGfollowed the events at the prison closely, through Gacaca proceedings, but they never hada face-to-face conversation. 1325 Witness HH never told Witness ALG that Dallaire hadattended the meeting at the Hotel Diplomat on 11 April 1994. 1326b. Defence evidence919. Witness 29 will testify that Witness ALG was among a group of people, alsoincluding Witnesses UB, HH, and AWE, who met frequently in Kigali prison and soughtto falsely accuse authorities in Arusha to obtain their own freedom.c. Other information920. In the Renzaho case, the Trial Chamber found that the evidence of WitnessALG must be viewed with caution because he was awaiting trial for crimes in Rwandarelating to the genocide, the fact that Witnesses UB, ALG, and AWE were detained in thesame prison at the time of their testimony, and his interest in shifting blame for hisactions onto others and currying favor with Rwandan authorities. 132711. Witness HHa. Prosecution evidencei. Witness HH921. Witness HH testified that the President of the Interahamwe for Butareprefecture was Munyagereke, Byumba prefecture was Jean Baptiste Gatete, Cyanguguwas Yusuf Munyakazi 1328 , Gitarama was Silas Kubwimana, Gisenyi was BernardMunyagishari , Kibungo was Sylvain Mutabaruka, Ruhengeri was Baheza. 1329922. Witness HH initially claimed in his confession and his trial testimony that hewas appointed by Laurent Semanza to replace Turatsinze as President of the Interahamwe1323 Transcript of 13 November 2006 @ 42; Transcript of 20 November 2006 @ 61324 Transcript of 20 November 2006 @ 61325 Transcript of 20 November 2006 @ 7; Exhibit DNZ-1981326 Transcript of 20 November 2006 @ 301327 Prosecutor v Renzaho, No. ICTR-97-31-T, Judgement (14 July 2009) at paras. 322,487, 494,496,5691328 Transcript of 8 November 2006 @ 321329 Transcript of 8 November 2006 @ 33180

for Kigali Rural prefecture. 1330 He later claimed that he was elected by the Interahamwecommune Presidents to this post between June and September 1993 to replace Jean PierreTuratsinze, who had too many other duties. 1331 He denied being appointed by Semanza,saying that was a mistake. 1332 Witness HH claimed that he was elected to be President ofthe Interahamwe for his prefecture at the MRND headquarters in Kimihurura. 1333 Helisted the people present during this election. 1334 His opponent was the assistantBourgmestre of Ngenda commune. 1335 After the election, he went to Ngenda communeto be introduced as President of the Interahamwe. Ngirumpatse, Faustin Munyaseza, andSemanza were present at that meeting, which was held at Bandora’s bar. 1336923. Witness HH also claimed to have gone to another commune to beintroduced, this time with Ngirumpatse, Karemera, Nzirorera, and Semanza after theelection of the new MRND National Officers in July 1993. 1337 However, in his statementto the prosecution in March 2006, he did not include Nzirorera in the list of people whoattended. 1338924. Rutaganda asked Witness HH to help two Tutsi girls cross the NyabarongoRiver. He gave Witness HH 100,000 RWF to give to people manning the roadblocks tolet the girls pass. Kajuga forbade Witness HH to help those girls. But since he had beengiven money, he agreed to help. He was not allowed to pass the roadblock near thecentral prison, and he returned the girls to Rutaganda and also returned his money. 1339He denied that the fact that Rutaganda had to pay him money demonstrated that theNational Committee did not have authority over him. 1340925. In his first statement to the Rwandan authorities on 7 May 1997, he falselydenied having distributed firearms to Interahamwe or sending them for training1330 Transcript of 8 November 2006 @ 31; Transcript of 21 November 2006 @ 4 (CS); Exhibit DNG-431331 Transcript of 10 November 2006 @ 211332 Transcript of 10 November 2006 @ 251333 Transcript of 15 Nov 2006 @ 51 (CS)1334 Transcript of 15 Nov 2006 @ 51-54 (CS)1335 Transcript of 15 Nov 2006 @ 52 (CS)1336 Transcript of 15 Nov 2006 @ 55 (CS)1337 Transcript of 15 Nov 2006 @ 56 (CS)1338 Transcript of 15 Nov 2006 @ 56 (CS); Exhibit DNZ-2031339 Transcript of 9 November 2006 @ 31-321340 Transcript of 20 November 2006 @ 40181

sessions. 1341 He also claimed that others falsely accused him of launching attacks inGitarama, when in fact he was the one who was lying. 1342926. When he was interviewed by the Office of the Prosecutor on 16 February1998, he also lied to them and signed the statement representing that it was true. 1343 Thesame was true for his statement of 23 February 1998, another interview he had withinvestigators around that time, 1344 a fourth interview where he falsely accused GeneralsGatsinzi and Rustaira of distributing weapons, 1345 and a reconfirmation interview in 2003with Prosecutor Webster. 1346927. He did not see any advantage to pleading guilty under the old law, but whenthe law changed and he notice some people being released, he decided to plead guilty andconfess. 1347 If the confession is considered sincere by the authorities, he might benefitfrom a reduction of sentence. The confession must be complete. 1348928. His confession of 3 November 2004 was not complete, as he did not see it inhis interest at that time to provide all details. Therefore, while claiming to plead guilty topossession of weapons, he acknowledged receiving a weapon from Lt. Miruho, but madeno mention of receiving weapons on 11 April 1994 at the Diplomat Hotel. 1349929. All of his statements made between 3 November 2004 and now are the truth.All the statements he made before that date were not truthful. 1350 He did not tell thetruth because he saw no interest in telling the truth before then. 1351930. The Gacaca document prepared in 2004 was done during a question andanswer session and should not be relied upon. 1352931. When he was asked if he left his neighborhood on the evening of 7 April, hedenied it. 1353 He was then confronted with his statement to the OTP in which he indicated1341 Transcript of 15 November 2006 @ 16-171342 Transcript of 15 November 2006 @ 17-19; Exhibit DNZ-1921343 Transcript of 15 November 2006 @ 25; Exhibit DNZ-1931344 Transcript of 15 November 2006 @ 28; Exhibits DNZ-194 & 1951345 Transcript of 15 November 2006 @ 29,32; Exhibit DNZ-1961346 Transcript of 15 November 2006 @ 39; Exhibit DNZ-1971347 Transcript of 9 November 2006 @ 491348 Transcript of 9 November 2006 @ 561349 Transcript of 21 November 2006 @ 2-3; Exhibit DNG-431350 Transcript of 9 November 2006 @ 591351 Transcript of 9 November 2006 @ 601352 Transcript of 10 November 2006 @ 251353 Transcript of 17 November 2006 @ 25182

had denied. 1362 iii. Fidele Uwizeyethat he had seen Francois Karera at the Kigali prefecture office on the evening of 7 April.He attempted to avoid answering the question, claiming that he did not want to discussKarera’s matter. 1354 Finally, he was ordered to answer the question by the President. 1355932. Witness HH then revealed that he had lied to the investigators from OTP atthe request of one Mutabazi, who had come to see him in prison on behalf ofGakwangari, who was living in a house owned by Karera. 1356 Mutabazi asked WitnessHH to corroborate the story he had told to OTP concerning Karera. He was providingWitness HH with supplies and food in the prison. 1357 Witness HH believed that Mutabazimight give him something in recompense for corroborating his story. 1358933. Witness HH lied about seeing Karera at the Kigali prefecture office on thenight of 7 April, and about seeing Karera there again on the 9 th and 10 th of April. He alsofabricated a story of how he had congratulated Karera on his appointment as Prefet ofKigali Rural prefecture and how Karera had been called away for a meeting with PrefetRenzaho. 1359934. Witness HH denied allegations made against him by numerous witnesseswho said he personally participated in killings in his area, and in Kigali Rural andGitarama prefectures in April 1994. 1360 Witness HH had no knowledge of killings ofcivilians by the RPF in Kigali in April 1994 and claimed that the former sous-prefet ofKigali-Rural prefecture, Sekagina, had been in exile with him in Bukavu. 1361ii. Witness FH935. Witness FH testified that killings were reported by Interahamwe led byJoseph Setiba, including in the communes of Runda and Mugina—which Witness HH1354 Transcript of 17 November 2006 @ 25-261355 Transcript of 17 November 2006 @ 26; Exhibit DNZ-2001356 Transcript of 17 November 2006 @ 271357 Transcript of 17 November 2006 @ 281358 Transcript of 17 November 2006 @ 311359 Transcript of 20 November 2006 @ 3; Exhibit DNZ-2001360 Transcript of 20 November 2006 @ 19-21; 40-421361 Transcript of 20 November 2006 @ 48-491362 Transcript of 18 July 2007 @ 7-8183

936. Witness Fidele Uwizeye testified that he was advised by the bourgmestre ofRunda that a group of Interahamwe led by Setiba had come to Runda to loot on the 8 thand then returned on the 9 th and killed three people. 1363 The bourgmestre of Muginaprovided him with both an oral and written report that Setiba had led attacks in hiscommune before 18 April—which Witness HH had denied. 1364iv. Witness GOB937. Witness GOB testified that Witness HH never was President of theInterahamwe at either the commune or prefecture level. He was president of theInterahamwe only at the level of the secteur. 1365b. Defence evidence938. Karemera Witness XQL testified that Esdras Baheza was never Presidentof the Interahamwe for Ruhengeri prefecture. He could not even be a member of theInterahamwe due to his age. 1366939. Joseph Nzirorera will testify that he never attended any MRND events atwhich Witness HH was introduced.940. George Rutaganda will testify that there were no Interahamwe Presidentsoutside of Kigali other than Bernard Munyagishari in Gisenyi, and that Witness HH wasnever elected President for Kigali Rural Prefecture. He will also testify that the NationalCommittee of the Interahamwe had no control over Witness HH and he had to payWitness HH to let some family members cross his roadblock.941. Laurent Semanza will testify that Witness HH was never elected Presidentfor Kigali Rural Prefecture and never introduced to the population at any event.942. Barabwiriza Runyinya whose written statement was admitted pursuant toRule 92 bis, stated that he was President of MRND for Butare. There was never anInterahamwe organization established in Butare prefecture. Contrary to the testimony ofWitness HH, there was no Interahamwe President for Butare prefecture. 1367943. Justin Ugiyekera, whose written statement was admitted pursuant to Rule92 bis, was the Assistant Bourgmestre of Ngenda commune, Kigali Rural commune,1363 Transcript of 19 July 2007 @ 17; Transcript of 26 July 2007 @ 231364 Transcript of 26 July 2007 @ 231365 Transcript of 25 October 2007 @ 461366 Transcript of 5 May 2008 @ 301367 Exhibit DNZ-619184

from 1990-94. He refuted the testimony of Witness HH that he participated in a meetingwhich took place at the MRND offices in Kimihurura and that in the election ofinterahamwe leaders at Kigali rural prefecture level organized in that meeting hesubmitted a candidacy for the presidency. In fact, he never attended such a meeting anddid not even know where the office of MRND was in Kimihurura. He also has neverknown the president of Interahamwe at Kigali rural prefecture level. 1368944. Witnesses Jean Damascene Niyoyita, President of the MRND in Mukingocommune, refuted the testimony of Witness HH that Esdras Baheza was the President ofthe Interahamwe in Rughengeri. He testified that no Interahamwe structure existed at theprefecture level in Ruhengeri. 1369945. Charles Bandora will testify that there was no meeting at his bar in Ngendacommune attended by Ngirumpatse and Faustin Munyaneza and Witness HH.946. Witness 36, a member of the MRND prefectural committee for Kigali Ruralprefecture, will testify that Witness HH was never elected President of the Interahamwefor that prefecture.12. Witness AWEa. Prosecution evidencei. Witness AWE947. After his arrest, Witness AWE was interrogated on 12 December 1996 by aprosecutor in Kigali. He told him the killings didn’t begin in Cyahafi for three weeksafter the death of President Habyarimana. He meant to speak of Gakinjiro cellule, notCyahafi secteur. 1370948. Witness AWE has been detained at Kigali Central Prison and attendedGacaca sessions at the prison on a monthly, and sometimes weekly basis. 1371 He hasbeen detained there with Witnesses ALG and UB. 1372949. In his trial in Kora secteur, many people testified against Witness AWE andthe judges rejected his guilty plea because they did not believe he was truthful. He wassentenced to life imprisonment. 13731368 Exhibit DNZ-6161369 Transcript of 19 November 2009 @ 31370 Transcript of 11 July 2007 @ 41371 Transcript of 4 July 2007@ 541372 Transcript of 4 July 2007@ 55185

. Defence evidence950. Georges Rutaganda will testify that the claims made by Witness AWE ofhis distribution of weapons, imprisonment of Tutsis, and meeting with MathieuNgirumpatse in Cyahafi secteur are false.951. Witness 29 will testify that Witness AWE is among the group of prisoners atKigali prison, including ALG, UB AWD, and HH, who decided to falsely accuseauthorities in Arusha in the hope of gaining their own freedom.c. Other information952. In the Renzaho case, the Trial Chamber found that the evidence of WitnessAWE must be viewed with caution because he was awaiting trial for crimes in Rwandarelating to the genocide, the fact that Witnesses UB, ALG, and AWE were detained in thesame prison at the time of their testimony, and his interest in shifting blame for hisactions onto others and currying favor with Rwandan authorities. 137413. Witness AWDa. Prosecution evidencei. Witness AWD953. In January or February 1994, Interahamwe killed Francois Ndagijimana andhis family. Witness AWD submitted a report to the MRND office. Ngirumpatse warnedhim not to interfere in matters regarding the Interahamwe. 1375954. Witness AWD made an oral report on this incident to Jean Habyarimana andMathieu Ngirumpatse, and also reported it to Lieutenant Mugabo of the gendarmeriebrigade. 1376 Ngirumpatse summoned him to his law office and told him not to interferewith the work of the Interahamwe. No one else was present for this conversation. 1377955. The Interahamwe also attacked two minibuses owned by Jean-BoscoTwahirwa, who had joined the RPF. Witness AWD drew up a report on this matter forLt. Mugabo, the commander of the gendarmerie. He had the perpetrators arrested,1373 Transcript of 11 July 2007 @ 13-141374 Prosecutor v Renzaho, No. ICTR-97-31-T, Judgement (14 July 2009) at paras.166,7341375 Transcript of 10 October 2007 @ 291376 Transcript of 9 November 2007 @ 26-271377 Transcript of 9 November 2007 @ 28186

including Andre Nzabanterura. Ngirumpatse summoned Witness AWD to his office andonce again warned him not to get involved in Interahamwe matters. 1378956. Witness AWD claimed that he had not submitted any written reports on theNdagijimana or Twahirwa incidents. 1379957. When cross examined, Witness AWD said he did not discuss the minibusincident with Ngirumpatse. After these incidents, he said he no longer contacted MRNDauthorities until April. 1380 However, when confronted with his direct testimony, WitnessAWD testified that after the minibus incident, Ngirumpatse phoned him and summonedhim to his office once again. Ngirumpatse told him for a second time that he should notmeddle in the affairs of the Interahamwe. 1381958.No one else was present during this conversation about the minibuses withNgirumpatse. He did not tell anyone about it. 1382959. As of February 1994, there were still several Tutsis who remained membersof the MRND. 1383960. One day, in January 1994, 1384 Ngirumpatse invited him to his home andKaremera was present. They told him that the activities of the Interahamwe did notconcern him at all. They said that they were going to organize security zones withAminadab Buhake in charge of Kicukiro, Francois Karera in charge of Nyarugenge, andInterahamwe and Presidential Guard in charge of Kacyiru. 1385 Buhake was MRNDChairman in Kicukiro and Karera MRND Chairman for Nyarugenge. 1386 Ngirumpatsesaid that the RPF at the CND could conquer the town and the Interahamwe who had beentrained at Mutara and elsewhere were needed for the security of the town so they couldexterminate the Tutsis in Kigali with no difficulty. 1387961. Ngirumpatse and Karemera were the only ones present in Ngirumpatse’shome, although Witness AWD also believed that Ngirumpatse’s wife was present.1378 Transcript of 10 October 2007 @ 301379 Transcript of 12 November 2007 @ 461380 Transcript of 9 November 2007 @ 291381 Transcript of 9 November 2007 @ 30; Transcript of 12 November 2007 @ 111382 Transcript of 12 November 2007 @ 111383 Transcript of 12 November 2007 @ 111384 Transcript of 10 October 2007 @ 391385 Transcript of 10 October 2007 @ 30-311386 Transcript of 10 October 2007 @ 321387 Transcript of 10 October 2007 @ 32187

Witness AWD did not recall any prominent paintings or animal skins in Ngirumpatse’shome. 1388962. Witness AWD testified that Karemera did not say anything during thismeeting. 1389 However, he had told the Office of the Prosecutor in December 2004 thatKaremera had said that the Army and MRND were creating security zones and referred tothe fact that Witness AWD had denounced the Interahamwe to Lt. Mugabo. 1390 In theRule 67(D) notice filed in September 2007, it was reported that he had told the prosecutorthat Karemera had said it was public knowledge he had denounced the Interahamwe toLt. Mugabo. 1391 Witness AWD denied having said these things to the Office of theProsecutor. 1392963. However, on redirect examination, Witness AWD testified that Karemerahad said that it was not good that he was obstructing the work of the Interahamwe. 1393964. Witness AWD, in cross examination, also denied having said in directexamination that he had been told that the MRND Presidents in the other communes ofKigali would be in charge of security for their communes. 1394965. Witness AWD did not discuss the meeting at Ngirumpatse’s home withanyone, including other members of the MRND committee for Kacyiru commune. 1395966. Witness AWD variously claimed that this meeting took place after the twomeetings at Ngirumpatse’s office 1396 , between the two meetings 1397 , or before the twomeetings, in early January 1994. 1398967. In February 1994, there was an outing at the Rebero Hotel organized byPresident Habyarimana to raise money for the Interahamwe, according to what hisneighbors had told him. 13991388 Transcript of 12 November 2007 @ 121389 Transcript of 12 November 2007 @ 121390 Transcript of 12 November 2007 @ 13; Exhibit DNG-911391 Transcript of 12 November 2007 @ 13; Exhibit DNZ-3761392 Transcript of 12 November 2007 @ 12-131393 Transcript of 12 November 2007 @ 341394 Compare Transcript of 12 November 2007 @ 14 with Transcript of 10 October 2007 @ 321395 Transcript of 12 November 2007 @ 151396 Transcript of 12 November 2007 @ 111397 Transcript of 12 November 2007 @ 151398 Transcript of 10 October 2007 @ 39; Transcript of 12 November 2007 @ 461399 Transcript of 10 October 2007 @ 32188

968. Witness AWD claimed that after his meetings with Ngirumpatse in Januaryand February 1994, he no longer presented himself publicly as an official of theMRND. 1400969. Witness AWD denied the allegations made by Gerard Kayumba in a letter tothe Kigali prosecutor dated 29 March 1994, which stated that at a security meeting inRugando cellule, Witness AWD had accused Kayumba of collaborating with theInterahamwe and plotting to kill Nzirorera, saying it was a ―pure fabrication.‖ 1401Kayumba still lives in Kimihurura. 1402970. Witness AWD has stated in his letters and submissions to Rwandanauthorities that after 6 April 1994, he was under threat by the Interahamwe headed byNzabanterura and that they wanted to kill him. However, when he travelled fromGitarama to Gisenyi and Cyangugu, he traveled with an Interahamwe and a soldier, worea military uniform, and carried a firearm. When he saw Nzabanterura in Cyangugu asthey were leaving the country, they greeted each other. 1403971. The only person who was aware that Witness AWD had become a dissidentof the MRND is Jean Habyarimana, but he is unlikely to confirm that. 1404972. Witness AWD was the President of the Gacaca truth commission at Kigalicentral prison and met every day since 2002 with other prisoners to consider the events ofthe genocide. 1405 He spent five years in prison together with Amri Karekezi, JeanBizimana, Joseph Setiba, and Michel Haragirimana. 1406 Joseph Setiba was one of thosein charge of security at Kigali prison. He is now at home, awaiting Gacaca hearings. 1407973. Witness AWD has met the prosecutor whenever they requested to meet him(on about 8 occasions), but refused to meet with counsel for Mr. Nzirorera. 1408 Heclaimed that counsel for Nzirorera had told other inmates, such as Jean Habyarimana, tofabricate stories. 14091400 Transcript of 12 November 2007 @ 171401 Transcript of 12 November 2007 @ 18-20; Exhibit #DNZ-3701402 Transcript of 12 November 2007 @ 211403 Transcript of 12 November 2007 @ 241404 Transcript of 12 November 2007 @ 251405 Transcript of 7 November 2007 @10-111406 Transcript of 7 November 2007 @ 12-131407 Transcript of 7 November 2007 @ 141408 Transcript of 7 November 2007 @ 461409 Transcript of 7 November 2007 @ 47189

974. Witness AWD claimed that he was first approached by a man who asked himto give him a statement for the defence. He asked Witness AWD to sign a statement, buthe refused. 1410 Witness AWD denied that he had been asked about the allegations ofAhmed Mbonyunkiza and his attendance at MRND meetings in early 1992 at whichmembers of the Interahamwe were introduced. 1411 This meeting took place before theWVSS had come and asked him if he was willing to meet counsel for Nzirorera. 1412 Theman did not offer him any money. 1413975. Although Witness AWD claimed that the defence investigator for Nziroreranever asked him about MRND meetings, in an interview with the Office of theProsecutor in February 2006, Witness AWD told them that the investigator had askedhim about MRND meetings concerning the establishment of the Interahamwe andwhether Nzirorera or Ngirumpatse were present. 1414 On redirect examination, WitnessAWD again insisted that he had refused to meet Nzirorera’s investigator. 1415976. Witness AWD claimed that he had reported to the director of the Kigaliprison that counsel for Nzirorera was trying to meet him even though he was aprosecution witness, and the Director called counsel for Nzirorera in Kigali whileWitness AWD was present. 1416 However, later Witness AWD said that he did not knowwho the Director called. 1417977. Witness AWD claimed that Jean Habyarimana sent Sukari to persuade himto meet with counsel for Nzirorera. 1418 Sukari wanted to convince Witness AWD to meetwith counsel for Nzirorera, but he refused. No one else was present during theirconversation. It took place before Witness AWD was contacted by WVSS. 1419978. According to Witness AWD, he was told by an Interahamwe from Cyahafiknown as Ninja that he had told counsel for Nzirorera that he could not come to Arushaand tell lies. He claimed that counsel for Nzirorera had sent Jean Habyarimana to ask1410 Transcript of 7 November 2007 @ 52-531411 Transcript of 7 November 2007 @ 54-55; Exhibit DNZ-3611412 Transcript of 7 November 2007 @ 561413 Transcript of 7 November 2007 @ 541414 Transcript of 12 November 2007 @ 5; Exhibit DNZ-3691415 Transcript of 12 November 2007 @ 381416 Transcript of 7 November 2007 @ 561417 Transcript of 8 November 2007 @ 61418 Transcript of 7 November 2007 @ 571419 Transcript of 8 November 2007 @ 3190

Ninja to look for defence witnesses. 1420approached him. 1421Sukari and Ninja were the only prisoners who979. In statements made after his arrest in 1997, as well as interviews in 1999-2001 by the Prosecutor General’s office and a representative of the parquet, WitnessAWD maintained his innocence. 1422After the law was passed calling for reducedsentences for those who pled guilty, Witness AWD decided to plead guilty in 2002 in abid to facilitate his own trial. 1423However, his only crime was to have held a post withthe MRND, he never abetted the people who were commiting crimes. 1424b. Defence evidence980. Witness 29 will testify that he never approached Witness AWD on behalf ofMr. Nzirorera or his counsel. He will testify that Witness AWD colluded with otherwitnesses at Kigali Central Prison, such as UB, LAG, and AWE, to fabricate evidenceagainst those in Arusha.981. Dick Prudence Munyeshuli will testify as to his interview with WitnessAWD in Kigali prison.c. Evidence the Defence Wished to Bring982. Gerard Kayumba submitted a statement in which he confirmed that,contrary to the testimony of Witness AWD, the meeting described in his letter indeedtook place in March, 1994 and that it appeared to him that Witness AWD had been anMRND militant to the end. However, the Trial Chamber declined to admit thestatement. 142514. Witness AJY983. In the Bikindi case, the Trial Chamber held that:The Chamber views the testimony of Witness AJY with caution given thewitness’s criminal past. Discrepancies between the witness’s testimony and his1420 Transcript of 8 November 2007 @ 41421 Transcript of 8 November 2007 @ 51422 Transcript of 8 November 2007 @ 35,381423 Transcript of 8 November 2007 @ 381424 Transcript of 8 November 2007 @ 391425 Decision on Joseph Nzirorera’s Motion to Admit Statements of Aloys Simpunga and Gerard Kayumbaand on Reconsideration of Decision on Admission of Written Statements and Witness Testimony (20October 2009) at para. 11191

elieve the testimony of Witness AJY. 1427 CONCLUSIONprior statement to Tribunal investigators leaves the Chamber with some doubts asto his credibility. 1426984. Noting inconsistencies between his testimony and his prior statements, aswell as with the testimony of other prosecution witnesses, the Trial Chamber declined to985. Joseph Nzirorera hopes that this Pre-Defence Brief will assist the TrialChamber in following the evidence of the national events during his defence case and inunderstanding that he is not guilty of these charges.1426 Prosecutor v Bikindi, No. ICTR-01-72-T, Judgement (8 December 2008) at para. 1601427 Paras. 330-31, 335, 345-46192

INDEX TO DEFENCE WITNESSESPages22. Jacques Roger Booh Booh 8,28,14822a. 96,99,126,14123. Theoneste Bagosora 8,15,42,45,68,73,126,15025. Casimir Bizimungu 45,53,55,68,124,148,16326. Justin Mugenzi 14,27,34,45,47,52,55,68,73,108,12427. Gratien Kabiligi 61,68,15028. Laurent Semanza 61,73,18429. 27,61,68,95,98,104,108,118,123,124,130,141,148,157,168,173,178,180,186,19130. Georges Rutaganda 27,42,45,63,70,73,95,98,191,124,126,141,148,154,157,163,173,175,184,18631. 25,34,42,70,98,141,148,154,17332. Tharcisse Renzaho 15,27,61,68,73,95,104,117,126,141,15033. Francois Karera 61,118,130,148,17334. 63,17835. 8,1536. 141,175,18537. Paul Rusesabagina 27,42,12639. Eliezer Niyitegeka 27,47,52,55,68,7340. Pauline Nyiramasuhuko 52,55,68,73,124,14841. 12042. Ephrem Setako 42,46,12143. Solange Ajakaneza 42,46,12144. 42,12045. 42,12146. David Biramahire 42,12147. 12048. Aurore Uwase 4649. Flora Kalisa 46193

Rule 92 bis Witnesses who may Testify:30. Aloys Simba 17331. Charles Nyandwi 154,17332. Bernard Habyarimana 17333. Leon Habyarimana 17334 Winnie Musabeyezu 17338. Pierre Nsengiyumva 9939. Ibrahim Nzarigezahe 9940. Marcel Gatsinzi 11841. Seraphin Twahirwa 28,42,95,98,124,14143. Charles Bandora 18545. Seraphin Rwabukumba 9546. Godelieve Barushwanubusa 9547. Francois Gahigi 99,13049 Jean Claude Seyoboka 12050. Aloys Zirarushya 4651. Pierre Celestin Rwigema 17852. Pascal Mutuyeyezu 6353. Innocent Twagiramungu 4655. Simon Bikindi 17356. Jean Baptiste Gatete 73,17957. Jean Baptiste Nemeyabahizi 12059. Abdulmohamed Bandali 9560. Jean Bosco Sezirahiga 9562. Aloys Ntabakuze 7363. Protais Zigiranyirazo 7364. Samuel Imanishimwe 73194