Marked by Witness CBY
Exhibit No P49
8 September 2009
The Prosecutor v. Gaspard Kanyarukiga, ICTR-02-78
This is a sketch of the Nyange Parish Church in Kivumu commune, Kibuye prefecture, Rwanda. The church was the site of an attack by armed assailants on Tutsi refugees from 13 to 16 April 1994.
Prosecution witness CBY testified that more than 2,000 people sought refuge in the church on 15 April 1994 after they were surrounded and attacked by armed Hutu assailants, including policemen from Kivumu commune. During his testimony, the witness marked on the sketch a “P” on the door at the rear of the church and confirmed that this door was where the refugees entered the building.
This sketch was used in the Kanyarukiga case where the accused, Gaspard Kanyarukiga was charged with genocide or alternatively, complicity in genocide as well as conspiracy to commit genocide and crime against humanity of extermination.
The Trial Chamber relied on the testimony of Witness CBY, amongst others, to find that the Tutsi at Nyange Parish were driven into the Nyange Church, which was subsequently surrounded, attacked with grenades and destroyed with a bulldozer. It found that at least 2000 Tutsi civilians were killed at the Nyange Parish on 15 and 16 April 1994.
Kanyarukiga was found guilty of genocide and extermination as a crime against humanity and sentenced to 30 years of imprisonment. The Appeals Chamber affirmed Kanyarukiga’s sentence.