Bernard Ntuyahaga
Encyclopedia
Major Bernard Ntuyahaga, Rwandan Armed Forces, (probably born in 1952) was convicted by a Belgian
court in the murders of ten United Nations peacekeepers at the start of the Rwandan Genocide
.
Prefecture, Rwanda
. In 1972, he went to the army officer's school in Kigali
. In 1994, he held the rank of major
.
On 7 April 1994, the day after the assassinations
of the presidents of Rwanda
and Burundi
, the house of Prime Minister Agathe Uwilingiyimana
, which was under the protection of fifteen peacekeepers under the United Nations Assistance Mission for Rwanda
, was surrounded by soldiers of the Rwandan Armed Forces. After the five Ghana
ian and ten Belgian peacekeepers were disarmed, the Ghanaians were released and Madame Agathe and her husband were murdered. The murders were carried out in front of Ntuyahaga and other soldiers. The Belgian court found that Ntuyahaga had transported the ten Belgians to a military camp
, where they were subsequently killed by fellow soldiers. He was further found to have murdered an undetermined number of Rwandan civilians during the genocide
and sentenced to twenty years in prison.
(ICTR) in Arusha
, Tanzania
. In September of that year, the ICTR issued an indictment charging him with: conspiracy to commit genocide; genocide or complicity in genocide; war crime
s; and two counts of crimes against humanity
. Ntuyahaga pleaded not guilty.
However, on 18 March 1999 the ICTR dropped its charges. In the face of public outcry and official outrage from the Rwandan Patriotic Front
government of Rwanda, deputy prosecutor Bernard Muna
explained that the ICTR counts only carried a moderate prison sentence and that they hoped Tanzania would extradite Ntuyahaga to Belgium, which could hold a trial over the murders of the peacekeepers. However, Rwanda stated that Ntuyahaga should be extradited to Rwanda, which would try him over the murder of the prime minister. On the same day as the ICTR dropped its charges, Tanzanian authorities arrested Ntuyahaga for entering the country illegally
. The following years saw a complicated set of legal procedures, including an application by Ntuyahaga for asylum
as a refugee
in Tanzania and Tanzania adjusting its charges against Ntuyahaga to fall under its extradition treaty with Rwanda.
This eventually ended when Tanzania denied Rwanda's request for extradition in favor of Belgium. In March 2004, Ntuyahaga, of his own free will, flew to Belgium, accompanied by a Belgian diplomat. There, he gave himself up and was put in prison on remand
. He was charged with
On 7 September 2006, the trial chamber referred the case to the Assize Court. The trial began on 19 April 2007. On 4 July 2007, the court came back with the verdict of guilty in the murder of the peacekeepers and an unknown number of Rwandan civilians. He was found not guilty in the murder of the prime minister and the killing of an unknown number of civilians in Butare
. The public prosecutor asked for life imprisonment
, but the following day the jury sentenced Ntuyahaga to twenty years imprisonment. Defense lawyer Luc de Temmerman stated that they would most likely not appeal. The reason for this is that convicts may ask for conditional release after serving a third of their sentence. Judges may take part of the time served in jail in Tanzania and Rwanda into account, meaning that Ntuyahaga may spend only a few years in jail.
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
court in the murders of ten United Nations peacekeepers at the start of the Rwandan Genocide
Rwandan Genocide
The Rwandan Genocide was the 1994 mass murder of an estimated 800,000 people in the small East African nation of Rwanda. Over the course of approximately 100 days through mid-July, over 500,000 people were killed, according to a Human Rights Watch estimate...
.
Biography
Ntuyahaga was born in Mabanza, KibuyeKibuye
Kibuye is a city in Karongi district, and the capital of Western Province in Rwanda. The city lies on the eastern shore of Lake Kivu, about halfway down, and between Gisenyi and Cyangugu. It is known as a beach resort and is home to a genocide memorial marking the massacre of 90% of the town's...
Prefecture, Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
. In 1972, he went to the army officer's school in Kigali
Kigali
Kigali, population 965,398 , is the capital and largest city of Rwanda. It is situated near the geographic centre of the nation, and has been the economic, cultural, and transport hub of Rwanda since it became capital at independence in 1962. The main residence and offices of the President of...
. In 1994, he held the rank of major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
.
On 7 April 1994, the day after the assassinations
Assassination of Habyarimana and Ntaryamira
The assassination of Juvénal Habyarimana and Cyprien Ntaryamira on the evening of April 6, 1994, was the catalyst for the Rwandan Genocide. The airplane carrying Rwandan president Juvénal Habyarimana and Burundian president Cyprien Ntaryamira was shot down as it prepared to land in Kigali, Rwanda....
of the presidents of Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
and Burundi
Burundi
Burundi , officially the Republic of Burundi , is a landlocked country in the Great Lakes region of Eastern Africa bordered by Rwanda to the north, Tanzania to the east and south, and the Democratic Republic of the Congo to the west. Its capital is Bujumbura...
, the house of Prime Minister Agathe Uwilingiyimana
Agathe Uwilingiyimana
Agathe Uwilingiyimana was a Rwandan political figure. She served as Prime Minister of Rwanda from 18 July 1993 until her death on 7 April 1994. Her term was ended when she was assassinated during the opening stages of the Rwandan Genocide...
, which was under the protection of fifteen peacekeepers under the United Nations Assistance Mission for Rwanda
United Nations Assistance Mission for Rwanda
The United Nations Assistance Mission In Rwanda was a mission instituted by the United Nations to aid the implementation of the Arusha Accords, signed August 4, 1993, which were meant to end the Rwandan Civil War. The mission lasted from October 1993 to March 1996...
, was surrounded by soldiers of the Rwandan Armed Forces. After the five Ghana
Ghana
Ghana , officially the Republic of Ghana, is a country located in West Africa. It is bordered by Côte d'Ivoire to the west, Burkina Faso to the north, Togo to the east, and the Gulf of Guinea to the south...
ian and ten Belgian peacekeepers were disarmed, the Ghanaians were released and Madame Agathe and her husband were murdered. The murders were carried out in front of Ntuyahaga and other soldiers. The Belgian court found that Ntuyahaga had transported the ten Belgians to a military camp
Military camp
A military camp or bivouac is a semi-permanent facility for the lodging of an army. Camps are erected when a military force travels away from a major installation or fort during training or operations, and often have the form of large campsites. In the Roman era the military camp had highly...
, where they were subsequently killed by fellow soldiers. He was further found to have murdered an undetermined number of Rwandan civilians during the genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
and sentenced to twenty years in prison.
Legal history
In June 1998, Ntuyahaga surrendered himself to the International Criminal Tribunal for RwandaInternational Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda is an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda, or by Rwandan...
(ICTR) in Arusha
Arusha
Arusha is a city in northern Tanzania. It is the capital of the Arusha Region, which claims a population of 1,288,088, including 281,608 for the Arusha District . Arusha is surrounded by some of Africa's most famous landscapes and national parks...
, Tanzania
Tanzania
The United Republic of Tanzania is a country in East Africa bordered by Kenya and Uganda to the north, Rwanda, Burundi, and the Democratic Republic of the Congo to the west, and Zambia, Malawi, and Mozambique to the south. The country's eastern borders lie on the Indian Ocean.Tanzania is a state...
. In September of that year, the ICTR issued an indictment charging him with: conspiracy to commit genocide; genocide or complicity in genocide; war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s; and two counts of crimes against humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...
. Ntuyahaga pleaded not guilty.
However, on 18 March 1999 the ICTR dropped its charges. In the face of public outcry and official outrage from the Rwandan Patriotic Front
Rwandan Patriotic Front
The Rwandan Patriotic Front abbreviated as RPF is the current ruling political party of Rwanda, led by President Paul Kagame. It governs in a coalition with other parties...
government of Rwanda, deputy prosecutor Bernard Muna
Bernard Muna
Bernard Muna is a Cameroonese lawyer, magistrate and politician. He served as Deputy Prosecutor of the International Criminal Tribunal for Rwanda from 1997 to 2002...
explained that the ICTR counts only carried a moderate prison sentence and that they hoped Tanzania would extradite Ntuyahaga to Belgium, which could hold a trial over the murders of the peacekeepers. However, Rwanda stated that Ntuyahaga should be extradited to Rwanda, which would try him over the murder of the prime minister. On the same day as the ICTR dropped its charges, Tanzanian authorities arrested Ntuyahaga for entering the country illegally
Illegal immigration
Illegal immigration is the migration into a nation in violation of the immigration laws of that jurisdiction. Illegal immigration raises many political, economical and social issues and has become a source of major controversy in developed countries and the more successful developing countries.In...
. The following years saw a complicated set of legal procedures, including an application by Ntuyahaga for asylum
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
as a refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
in Tanzania and Tanzania adjusting its charges against Ntuyahaga to fall under its extradition treaty with Rwanda.
This eventually ended when Tanzania denied Rwanda's request for extradition in favor of Belgium. In March 2004, Ntuyahaga, of his own free will, flew to Belgium, accompanied by a Belgian diplomat. There, he gave himself up and was put in prison on remand
Detention of suspects
The detention of suspects is the process of keeping a person who has been arrested in a police-cell, remand prison or other detention centre before trial or sentencing. One criticism of pretrial detention is that eventual acquittal can be a somewhat hollow victory, in that there is no way to...
. He was charged with
handing over the Belgian soldiers to the Rwandan soldiers in the Kigali military camp of which he was an officer, without taking any measures to prevent their massacre; of celebrating with the soldiers implicated in the massacres of the Kigali Tutsi civilian population, and of allowing these soldiers to use his residence as the headquarters.
On 7 September 2006, the trial chamber referred the case to the Assize Court. The trial began on 19 April 2007. On 4 July 2007, the court came back with the verdict of guilty in the murder of the peacekeepers and an unknown number of Rwandan civilians. He was found not guilty in the murder of the prime minister and the killing of an unknown number of civilians in Butare
Butare
Butare is a city in the Southern Province of Rwanda and capital of Huye district. It was the capital of the former Butare Province, Rwanda, that was dissolved on January 1, 2006....
. The public prosecutor asked for life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
, but the following day the jury sentenced Ntuyahaga to twenty years imprisonment. Defense lawyer Luc de Temmerman stated that they would most likely not appeal. The reason for this is that convicts may ask for conditional release after serving a third of their sentence. Judges may take part of the time served in jail in Tanzania and Rwanda into account, meaning that Ntuyahaga may spend only a few years in jail.