The Appeals Chamber of the International Residual Mechanism for Criminal Tribunals delivers judgement in the Fatuma et al. case
The Appeals Chamber of the International Residual Mechanism for Criminal Tribunals (“Mechanism”) composed of Judge Carmel Agius (Presiding), Judge Alphons Orie, and Judge Seymour Panton delivered today its judgement on the appeals filed by Ms. Marie Rose Fatuma and the Prosecution against the judgement pronounced on 25 June 2021 and filed in writing on 20 September 2021 by a Single Judge of the Mechanism.
The Single Judge found Ms. Fatuma guilty of contempt for having interfered with the administration of justice and sentenced her to time served. With respect to Mr. Dick Prudence Munyeshuli, the Single Judge acquitted him of contempt and issued a warning against him. The Single Judge also found Mr. Augustin Ngirabatware guilty of contempt for having interfered with the administration of justice and violated court orders, and sentenced him to two years of imprisonment, to run concurrently with the sentence of 30 years of imprisonment that he is already serving for his convictions for committing direct and public incitement to commit genocide and for instigating and aiding and abetting genocide.
The Appeals Chamber unanimously dismissed Ms. Fatuma’s appeal. The Appeals Chamber, proprio motu, set aside the sentence of time served imposed on Ms. Fatuma by the Single Judge, sentenced her to 11 months of imprisonment, and declared that the sentence has been served in view of the credit for Ms. Fatuma’s detention in the custody of the Mechanism pending trial.
The Appeals Chamber unanimously granted the Prosecution’s appeal in its entirety. The Appeals Chamber found Mr. Munyeshuli guilty, pursuant to Article 1(4)(a) of the Mechanism’s Statute and Rule 90(A)(ii) and (iii) of the Mechanism’s Rules of Procedure and Evidence, and entered a conviction against him for contempt through knowingly and wilfully interfering with the administration of justice. The Appeals Chamber sentenced Mr. Munyeshuli to 5 months of imprisonment, declaring that the sentence has been served in view of the credit for his detention in the custody of the Mechanism pending trial. The Appeals Chamber also set aside Mr. Ngirabatware’s concurrent sentence of two years of imprisonment and, Judge Orie dissenting, imposed on him a sentence of two years of imprisonment to be served consecutively to his sentence of 30 years imprisonment that he is already serving.