DECEASED - BIZIMANA, Augustin (MICT-13-39)

Completed

CASE BACKGROUND INFORMATION

INDICTMENT

Augustin Bizimana was charged before the ICTR with genocide, complicity in genocide, crimes against humanity and serious violations of Common Article 3 of the Geneva Conventions and Additional Protocol II to the Geneva Conventions, committed in Rwanda between 6 April and 17 July 1994. During this period, Bizimana was the Minister of Defence of Rwanda.

According to the indictment, Bizimana is responsible for the killing and harming of persons identified as Tutsi in Kigali Ville and Kigali Rural préfectures as well as in Gitarama, Gisenyi, Ruhengeri, Butare, Kibuye and Cyangugu préfectures.

The indictment also alleges that, as Minister of Defence, Bizimana had a position of authority that would compel members of the Rwandan Armed Forces, the interahamwe, the impumuzamugambi and other Hutu militia and civilians used to carry out or participate in the crimes to follow his orders. Bizimana is alleged to have ordered these persons to carry out conduct in the course of which they perpetrated and participated in the commission of the crimes.                                                                                                                      

The indictment states that during this period, throughout Rwanda there were widespread and/or systematic attacks against a civilian population based on Tutsi ethnic identification and political grounds. During the attacks, some Rwandan citizens killed or caused harm to persons perceived to be Tutsi, political opponents, affiliated persons and persons protecting them.

The charges in the indictment are the following:

One count of Genocide (Count 1)

One count of Complicity in Genocide (Count 2)

Six counts of Crimes against Humanity

  • Extermination (Count 3)
  • Murder (Count 4)
  • Rape (Count 5)
  • Torture (Count 6)
  • Other inhumane acts (Count 7)
  • Persecution (Count 8)

Five counts of Violations of Common Article 3 and Additional Protocol II

  • Murder (Count 9)
  • Torture (Count 10)
  • Rape (Count 11)
  • Cruel treatment (Count 12)
  • Outrages upon personal dignity (Count 13)

HANDOVER OF CASE TO THE MECHANISM

On 1 August 2012, Augustin Bizimana’s file was handed over to the Prosecutor of the Mechanism.

On 29 April 2013, a Single Judge, Judge Vagn Joensen, issued a warrant of arrest and an order for transfer, requesting all Member States of the UN to search for, arrest and transfer Bizimana to the custody of the Arusha Branch of the Mechanism.

According to UN Security Council resolution 1966 (2010), all States have an obligation to cooperate with the Mechanism in the location, arrest, detention, surrender and transfer of accused persons still at large.

On 22 May 2020, the Mechanism Office of the Prosecutor confirmed the death of Bizimana, based on the conclusive identification of Bizimana’s remains in the Republic of the Congo.

CASE BACKGROUND INFORMATION

INDICTMENT

Augustin Bizimana was charged before the ICTR with genocide, complicity in genocide, crimes against humanity and serious violations of Common Article 3 of the Geneva Conventions and Additional Protocol II to the Geneva Conventions, committed in Rwanda between 6 April and 17 July 1994. During this period, Bizimana was the Minister of Defence of Rwanda.

According to the indictment, Bizimana is responsible for the killing and harming of persons identified as Tutsi in Kigali Ville and Kigali Rural préfectures as well as in Gitarama, Gisenyi, Ruhengeri, Butare, Kibuye and Cyangugu préfectures.

The indictment also alleges that, as Minister of Defence, Bizimana had a position of authority that would compel members of the Rwandan Armed Forces, the interahamwe, the impumuzamugambi and other Hutu militia and civilians used to carry out or participate in the crimes to follow his orders. Bizimana is alleged to have ordered these persons to carry out conduct in the course of which they perpetrated and participated in the commission of the crimes.                                                                                                                      

The indictment states that during this period, throughout Rwanda there were widespread and/or systematic attacks against a civilian population based on Tutsi ethnic identification and political grounds. During the attacks, some Rwandan citizens killed or caused harm to persons perceived to be Tutsi, political opponents, affiliated persons and persons protecting them.

The charges in the indictment are the following:

One count of Genocide (Count 1)

One count of Complicity in Genocide (Count 2)

Six counts of Crimes against Humanity

  • Extermination (Count 3)
  • Murder (Count 4)
  • Rape (Count 5)
  • Torture (Count 6)
  • Other inhumane acts (Count 7)
  • Persecution (Count 8)

Five counts of Violations of Common Article 3 and Additional Protocol II

  • Murder (Count 9)
  • Torture (Count 10)
  • Rape (Count 11)
  • Cruel treatment (Count 12)
  • Outrages upon personal dignity (Count 13)

HANDOVER OF CASE TO THE MECHANISM

On 1 August 2012, Augustin Bizimana’s file was handed over to the Prosecutor of the Mechanism.

On 29 April 2013, a Single Judge, Judge Vagn Joensen, issued a warrant of arrest and an order for transfer, requesting all Member States of the UN to search for, arrest and transfer Bizimana to the custody of the Arusha Branch of the Mechanism.

According to UN Security Council resolution 1966 (2010), all States have an obligation to cooperate with the Mechanism in the location, arrest, detention, surrender and transfer of accused persons still at large.

On 22 May 2020, the Mechanism Office of the Prosecutor confirmed the death of Bizimana, based on the conclusive identification of Bizimana’s remains in the Republic of the Congo.