L'~I , " ..~ F~I " (*4 ? . ?...... 37 2~., / bi?I...'X,/. ~ . ~o6F InternationalOriminal Tribunal for lwanl ~_ ,~, " Tribunal P?nal Internationalpour le lwal~la ?~,l~ UNITED NATION S NATION S UNIES Arusha International Conference Centre P.O.Box 6016,Arusha, Tanzania Tel:25527 2504367-72 1 2129632850-- Fax:255 27 or 2504000/2504373 1 212 963 2848 or INTEROFFICE MEMORANDUM ~ MEMORANDUM INTERIEUR .?'J To: A: From: Constant Hometowu K. Coordinator, TC III Stephen Rapp ?~~~~W~ Senior Trial Attorney~ ? Media/ AkazuTeam Date:01 October 2004 De: Subject: Filing Amended of Indictment the matterof The Prosecutor Kabuga in v. Objet: 1. Kindly find attached Amended the Indictment. 2. Please disclose document theJudges theDefence. the to and you attentionthis in matter. 3. Thank foryour 4. Best regards. INTERNATIONAL UNITED NATIONS CRIMINAL TRIBUNAL FOR RWANDA Case No. ICTR-98-44B-I THE PROSECUTOR AGAINST FELICIEN KABUGA AMENDED INDICTMENT 1/15 I? The Prosecutor the United of Nations International Criminal Tribunal Rwanda, for pursuant theauthority to stipulatedArticle of theStatute theInternational in 17 of Criminal Tribunal Rwanda for (the"Statute") charges: FelicienKABUGA With: Count 1 - CONSPIRACY TO COMMIT GENOCIDE Count - GENOCIDE, altematively 2 or Count 3 - COMPLICITY GENOCIDE IN Count 4 - DIRECT AND PUBLIC INCITEMENT TO COMMIT GENOCIDE Count 5 - EXTERMINATIONas a CRIME AGAINST HUMANITY II. THE ACCUSED 1. F?licien KABUGAwas bom in 1935,in Munigasecteur, Mukarange commune, Byumbapr?fecture, and at alltimes Rwanda was re?erred in this to indictment: (a)a wealthy influential and businessman; (b) PresidenttheComit? of ProvisoiretheFonds D?fense of de Nationale, orthe National Defence (the"FDN"); Fund and President theComit? of d'Initiative of Radio Television desMilles Libre (c) Collines ("RTLM"). SA 2, Under President HABYARIMANA's political financial rule, and power Rwanda in was consolidated a tight within circle, core which theextended the of was family the of Presidenc F?licien KABUGA was a prominent member thisgroupby reason of of marriage two of his daughters two sonsof President of to HABYARIMANA First and LadyAgathe KANZIGA. Because thisfamilytie he wielded of greatpowerand infuence. such, hadde.facto As he control authority,thesense having and in of the material ability prevent to punish to or criminal conduct, the over actions soldiers, of gendarmes, Interahamwe administrative the and officiais. KABUGA alsohadcontrol of theemployeesthebusiness of enterprises heheaded, as Kabuga that such ETS. CHARGES and CONCISE STATEMENT OF FACTS At all rimes referred in this to indictment existed Rwanda minority there in a ethnic or racial group known Tutsis, as officially identified such thegovernment. as by The majority thepopulation comprisedan ethnic racial of was of or group known Hutus, as also officially identified assuch the by government. 4? During course 1994, the of particularly between April 6 1994and 17 July1994, throughout Rwanda, soldiers, interahamwe militia armed and civilians targeted and attacked onthe Tutsis basis they Tutsis, the that were with intent kill cause to or serious harm them such to destroy Tutsi to as and the population in Rwanda whole in part. in or Hundreds thousands of ofcivilian Tutsis killed. were 2/15 Count 1: CONSPIRACY TO COMMIT GENOCIDE The Prosecutor the Intemational of Criminal Tribunal Rwanda for charges F?licien KABUGA with CONSPIRACYTO COMMIT GENOCIDE,a crime stipulatedin Article 2(3)(b) ofthe Statute, that or between dates 1 January and31 December in on the of 1994 1994, F?lieien KABUGA did conspire withothers, including not limited other but to influential and powerfulpersons including FerdinandNAHIMANA,Jean-Bosco BARAYAGWIZA, Joseph NZIRORERA, Edouard KAREMERA, Mathieu NGIRUMPATSE and Anatole NSENGIYUMVA killor cause to serious bodily mental or harmto members of the Tutsi population the with intent destroy,whole inpart, facial ethnic to in or a or group, as such, outlinedparagraphs as in 5 through 15. CONCISE STATEMENT OF FACTS FOR COUNT 1 5, Between January 1 1994and17 July1994F?licien KABUGA, withother influential and powerful persons, including Ferdinand NAHIMANA, Jean-Bosco BARAYAGWIZA, Joseph NZIRORERA, Edouard KAREMERA, Mathieu NGIRUMPATESE and Anatole NSENGIYUMVA agreed to kill or cause serious bodily mental to members theTutsi or harm of population the with intent destroy, to in whole inpart, Tutsi or the ethnic group, described as inparagraphs 6 through 15. Individual Criminal Responsibilitv 6. Pursuant Section of theStatute, accused, to 6(1) the F?licien KABUGA individually is responsible thecrime ConspiracyCommit for of to Genocide because committed he the act of agreeing with Ferdinand NAHIMANA, Jean-Bosco BARAYAGWIZA, Joseph NZIRORERA, Edouard KAREMERA, Mathieu NGIRUMPATESE and Anatole NSENGIYUMVA others a plan destroy, whole in part, Tutsi and on to in or the ethnic group describedparagraphs 11. furtherance plan committed as in 7 and In ofthis he the specified that acts facilitated the destruction Tutsis, ordered over ofthe and those whom hehadde facto control, describedparagraphandinstigated over as in 2, those whom he didnothave facto de control, commit that to acts facilitated destruction the of the Tutsis. particulars give The that rise his to individual criminal responsibility areset forth paragraphs in 7 through 15. RTLM Broadcasts 7, Between 8 April 1993 and July 1994, F?licienKABUGA, with Ferdinand NAHIMANA, Jean-Bosco BARAYAGWIZA, Joseph NZIRORERA, and others, agreed plan, to fund, launch, operate asa radio and RTLM station a manner further in to ethnic hatred between Hutu theTutsi to disseminate the and and an anti-Tutsi message with goal destroyingTutsi the of the ethnic group. From April 8 1993 through July 17 1994, furtherance agreement in of the described in paragraph F?lieien 7, KABUGA served President RTLM as of and as suchhadde jure control programming, of operations, finances RTLM and of throughout period. this By his chairmanship meetings RTLM's of of Comit? Initiative, management d" the committee,also he exercisedfacto de control RTLM. of 8, 3/15 9, Between April 6 1994 and17 July 1994, furtherancetheagreement in of described in paragraph RTLM, a major 7, as source information the population Rwanda, of to of broadcast information identifying location Tutsi urged the of and members the of Rwandan population tofinal kill Tutsi. and all 10. During April, June thefirst weeks July, May, and few of 1994, furtherance in of the agreement described paragraph RTLMbroadcast in 7, messages thatinstigated the killing hundreds thousandscivilian of of of Tutsis throughout Rwanda. FDN - Funding the Interahamwe of 11. On or about April 25 1994 theM?ridien in hotel, Gisenyi, F?licien KABUGA chaired a meetingattended EdouardKAREMERA, by MathieuNGIRUMPATESE Anatole and NSENGIYUMVA, amongst others, together who agreed establish FDNin order to the toraise funds provide to financial logistical and support theInterahamwe or for to kill cause serious bodily mental to members theTutsi or harm of population thegoal with ofdestroyingTutsi the ethnic group. 12. Between about April 25 1994and 17 July1994, furtherance the agreement in of described paragraph F?licien in 11, KABUGA raised solicited and funds provide to financial logistical and support arms theInterahamwe theCDRin order and for and to attack, or cause kill serious bodily mental to members theTutsi or harm of population with intent destroy, the to inwhole inpart, Tutsi or the ethnic group. 13. On or about April 25 1994, furtherance agreement in of the describedparagraph in 11, F?licien KABUGA became President the Comit? of Provisoire the FDNand became of a signatoryseveral accounts in thename FDN. on bank held of 14. On diverse unknown dates May andJune1994, furtherance the agreement in in of described paragraph F?liden in 11, KABUGA again chaired meetings theM?ridien at hotel Gisenyi order collect in in to funds support Interahamweattack to the to the Tutsis. least of these At one meetings attended a large was by number businessmen of from Gisenyi other and major trading centres. 15. During period 25 April the from through July 17 2994, furtherance agreement in of the describedparagraph theInterahamwe, in 11, in particular from those Gisenyi, received support fromtheFDNthat facilitated Interahamweattacking, these in killing and injuring thousandscivilian of Tutsis Rwanda, particular Bisesero of in in in the Hills Kibuye prefecturediverse on unknown dates MayandJune in 1994. Count2: GENOCIDE The Prosecutor the International of Criminal Tribunal Rwanda for charges F?licien KABUGA with GENOCIDE, a crime stipulatedArticle in 2(3)(a) theStatute, that of in on between dates 7 April the of 1994and 17 July1994 throughout Rwanda, F?licien KABUGA wasresponsible killing causing for or serious bodily mental to members theTutsi or harm of racial ethnic or group, intent destroy,whole inpart, racial ethnic with to in or a or group, as such, outlined paragraphs as in 16through 46. Alternatively, 4/15 Count 3: COMPLICITY IN GENOCIDE The Prosecutor the Intemational of Criminal Tribunal Rwanda for charges F?licien KABUGA withCOMPLICITY GENOCIDE, crimestipulated Article IN a in 2(3)(e) of Statute, that or between dates 7 April in on the of 1994 17 July and 1994 throughout Rwanda, F?licien KABUGA assisted others with killing causing or serious bodily mental or harm to members theTutsi of racial ethnic or group, those when others theintent destroy, had to in whole in part, racial ethnic or a or group, such, F?lieien as and KABUGA knowledge had that other people intendeddestroy,whole in part, Tutsi to in or the racial ethnic or group, such, as and that assistance contribute crime genocide,outlined paragraphs his would to the of as in 16 through 46. CONCISE STATEMENT OF FACTS FOR COUNTS 2 AND 3 lndividual Criminal Responsibilitv to 6(1) the F?lieien KABUGA, individually is 16. Pursuant Section of theStature, accused, responsible thecrimes Genocide ComplicityGenocide for of or in because planned, he instigated, ordered, committed otherwise or aided and abetted the planning, in preparationexecution these or of crimes. With respect thecommission those to of crimes, F?lieien KABUGA ordered thoseoverwhomhe had command responsibility andcontrol a result hisposition authority as of and described paragraph he in 2 and instigated aidedand abettedthoseover whom he did hOt have command and responsibility control. addition, accused and In the willfully knowingly and participated joint in a criminal enterprise object, whose purpose, foreseeable and outcome thedestructiontheTutsi was of racial ethnic or group throughout Rwanda. To fult?ll criminal this purpose, accused the acted with leaders members the and of Interahamwe; political leaders such as Joseph NZ1RORERA, Mathieu NGIRUMPATSE and EdouardKAREMERA;milita13"officerssuch as Anatole NSENGIYUMVA; prominent personssuch as Ferdinand NAHIMANA, Jean-Bosco BARAYAGWIZA; other and unknown participants, suchactions all being taken either directly through or subordinates, least period 8 April through July for at the of 1993 17 1994. particularsgive The that rise his to individual criminal responsibility forth are set in paragraphsthrough 17 29. RTLM Broadeasts 17. Between8 April 1993 and 17 July 1994 F?lieienKABUGA with Ferdinand NAHIMANA, Jean-Bosco BARAYAGWIZA and Joseph NZIRORERA amongst others planned establishment, andoperationRTLM a radio the funding of as station to disseminate an anti-Tutsi message to further and ethnic hatred between andTutsi Hutu in order cause to death serious or bodily mental or harmto members theTutsi of population the with goal destroyingethnic of the Tutsi group. KABUGA, President RTLMfrom8 April as of 1993through July1994, 17 18. F?licien had de jurecontrol programming, of operations, finances RTLMbetween and of 8 April 1993and 17 July1994.By laischairmanship meetings RTLMComit? and of d'Initiative,management the committee,also he exercised facto de control RTLM. of As such, planned, he ordered, instigated aided abetted broadcastsRTLM and and the by employees during period it wasontheairfrom July the when 8 1993 17 July to 1994. 5/15 19. Between April 6 1994 17 July and 1994, RTLM, a major as source information of to the population Rwanda, of broadcast information identifying location Tutsi the of and urged members ofthe Rwandan populationfind kill Tutsi. to and ail 20. Overthecourse April, of May,Juneandthefirst few weeks July 1994RTLM of of broadcast messages instigated killing injuring hundreds thousands that the and of of of civilian Tutsis throughout Rwanda. FDN - Funding the Interahamwe of 25 1994 theM?ridien in hotel, Gisenyi, F?licien KABUGA chaired a 21. On or about April meetingattended EdouardKAREMERA, by MathieuNGIRUMPATESE Anatole and NSENGIYUMVA, amongst others, together who planned establishmentthe FDN the of inorder raise to funds provide to financial logistical and support the for lnterahamwe to kill cause or serious bodily mental to members theTutsi or harm of population the with goal destroyingTutsi of the ethnic group. 22. Fromabout April 17 July1994F?licien 25 to KABUGA President theComit? was of Provisoire theFDNanda signatory several accounts in thename of on bank held of FDN. 23. Between about April 25 1994and17 July 1994, F?licien KABUGA, hisposition in as President theComit? of ProvisoiretheFDN, of raised solicited to provide and funds financial logistical and support arms the and for lnterahamwe inorder attack, or to kill cause serious bodily mental to members or harm ofthe Tutsi population. the ffom April 25 through July 17 1994, F?licien KABUGA, through the 24. During period FDN thathe headed, provided material support the Interahamwe to throughout Rwanda, particularly thosefromthe Gisyeni pr?fecture aided and abetted the Interahamwe, in particular from those Gisenyi, these and Interahamwe attacked, killed and injured thousands of civilian Tutsis Rwanda, particular Bisesero of in in inthe Hills Kibuye pr?fecturediverse on unknown dates MayandJune in 1994. Logistical Support the Interahamwe of April July1994, and F?licien KABUGA provided vehicles be usedby the to 25. Between Interahamwe. vehicles used transport andInterahamwe These were to arms militia to meetings to massacre killing and and sites Gisenyi by providing vehicles in and these KABUGA aided abetted killing. and the F?licien KABUGA aidedand 26. DuringApriland May 1994in the cityof Gisenyi abetted Interahamweproviding with the by them vehicles were that used transport to Tutsis a place to called "Commune the Rouge" where they were killed. unknown datesbetween January 1 1994and 17 July1994F?licien 27. On diverse KABUGA ordered employees a warehouse of business thathe headed Gisyeni in to distribute uniforms be worn theInterahamwe, increasing solidarity to by thus their and aiding abetting involvement killing Tutsis. and their inthe of 6/15 1 1994and 17 July1994F?licien KABUGA aided and abetted the 28. Between January arming theInterahamwe of by placing business hishome Kigali-ville his and in at the disposal Interahamwetraining theuse arms. ofthe for in of Armingthe Interahamwe 29. F?licien KABUGA ordered the employees his company of Kabuga ETS to importa record number machetes of intoRwanda 1993.In April1994he ordered in and instigated members theInterahamwe whom hadeffective of over he control transport to machetes other and weapons Gisenyi to distribute machetes other to and the and weapons the Interahamwe Gisenyi. [nterahamwe machetes Gisenyi to in The used in between April 17 July 7 and 1994to exterminate ethnic the Tutsi population by and ordering instigating importation distribution machetes the and the and of to Interahamwe KABUGAaided and abettedthe killingcarriedout by these Interahamwe. Command Criminal Responsibility 30. Pursuant Section of theStature, accused, to 6(3) the F?lieien KABUGA, responsible is forthecrimes Genocide ComplicityGenocide of or in because specific criminal acts were committed subordinates accused theaccused or hadreason by of the and knew to knowthatsuchsubordinates aboutto commit were suchactsbefore theywere committedthat or such subordinatescommitted acts theaccused had such and failed to takethenecessary reasonable and measures prevent to such actsor to punish the perpetrators thereof. These subordinates included leaders members the and of Interahamwe, employees RTLM,employees the business of of enterprise that KABUGA headed other and unknown participants. In addition, these subordinates of the accused participated and contributed significantly ina joint criminal enterprise with leaders and members the Interahamwe; of politicai leaderssuch as Joseph NZIRORERA, Mathieu NGIRUMPATSE and Edouard KAREMERAand ail of their subordinates; military officers suchas Anatole NSENGIYUMVA ail of his and subordinates; prominent persons suchas Ferdinand NAHIMANA and Jean-Bosco BARAYAGWIZA ailof their and subordinates; other and unknown participants, whose object, purpose, foreseeable or outcome thecommission genocide was of against the Tutsi racial ethnic or group throughout Rwanda, at least period 8 April for the from 1993 through July1994.The accused 17 knew or had reasonto know of the participation subordinates obj ofhis and the ect, purpose, foreseeable ofthe or outcome joint criminal enterprise theaccused and failed take necessary reasonable to the and measures prevent subordinates participating joint to his from in the criminal enterprise or topunish subordinates his for their participation joint inthe criminal enterprise. The particulars participation accused his ofthe of the and subordinates joint in this criminal enterpriseset are forth paragraphs in 31through 46. RTLM Broadcasts KABUGA, President RTLMfrom8 April as of 1993through July1994, 17 31. F?licien hadde jurecontrol programming, of operations, finances RTLM and of between April 1993 and17 July 1994 andwasthesuperior ailof theemployees RTLM. his of of By chairmanship meetings RTLMComit? and of d'Initiative, management the committee, 7/15 healso exercisedfacto de control RTLM as such, effective of and had control the over employeesRTLM the of in sense having power prevent punish of the to or their acts. 32. Between April 8 1993and 17 July1994, employees ofRTLM weresubordinate who to F?liden KABUGA, operated RTLMas a radio station disseminate anti-Tutsi to an message to further and ethnic hatred between andTutsi order cause Hum in to death or serious bodily mental or harm members the Tutsi to of population thegoalof with destroyingTutsi the ethnic group. 33. On or about26 November 1993and 10 February 1994,F?licien KABUGA headed a delegation RTLMin a meeting from withRwandan Minister Information of Faustin RUCOGOZA where Minister RUCOGOZA complained that RTLM was broadcasting messages assimilated civilian that the Tutsi population theRPFandthat with these messages wereincreasing ethnic hatred. newsreport the 10 February A of 1994 meeting was broadcast Television on Rwandain whichKABUGAdefended RTLM broadcasts showed knowledge thecontents thebroadcasts showed and his of of and his unwillingness to prevent dissemination by RTLM anti-Tutsi of messages. 34. Between April 6 1994and 17 July1994, employees ofRTLM, weresubordinates who of F?licien KABUGA, werea majorsource information the population of to of Rwanda broadcast and information identifying location Tutsi urged the of and members ofthe Rwandan population tofind kill Tutsi. and all 35. Over course April, June thefirst weeks July 1994 the of May, and few of of employees of RTLM, who werethe subordinates F?lieien of KABUGA, broadcast messages that instigated killing injuring hundreds thousands civilian the and of of of Tutsis throughout Rwanda. FDN - Funding the Interahamwe of 36. On or about April 25 1994 theM?ridien in hotel, Gisenyi, F?lieien KABUGA chaired a meetingattended EdouardKAREMERA, by MathieuNGIRUMPATESE Anatole and NSENGIYUMVA, amongst others, who together planned use theirleadership to positions tofacilitateraising funds the toprovide the of by FDN financiallogistical and support theInterahamwe for to kill cause or serious bodily mental to members or harm ofthe Tutsi population the with goal destroyingTutsi of the ethnic group. 37. Fromabout April 17 July1994F?licien 25 to KABUGA President theComit? was of Provisoire theFDNanda signatory several accounts in thename of on bank held of FDN. 38. Between about April 25 1994 and 17 July 1994, subordinatesF?licien of KABUGA in the raised solicited toprovide FDN and funds financial logistical and support arms and fortheInterahamwe in order attack, or cause to kill serious bodily mental to or harm members theTutsi of population thegoal destroying Tutsi with of the ethnic group and Hutu opponentsethnic of division. 39. During period the from25 April through July1994, 17 subordinates F?licien of KABUGA the FDN provided in material support the Interahamwe, particular to in those Gisenyi in pr?fecture. Interahamwe,particular fromGisenyi, These in those 8/15 attacked, and killed injured thousands ofcivilian Tutsis Rwanda, particular in in in the Bisesero of Kibuye Hills pr?fecture in diverse dates Mayand in June 1994. Logistical Support theInterahamwe of April July1994, and Interahamwe theeffective under control F?licien of 40. Between KABUGAusedvehicles provided KABUGAto transport by amas and Interahamwe militia meetings tomassacre killing inGisenyi. to and and sites April May1994in thecityof Gisenyi and Interahamwe theeffective under 41. During control F?lieien of KABUGA usedvehicles provided KABUGA transport by to Tutsis to a place called "Commune the Rouge" where they were killed. 1 1994and 17 July1994employees a warehouse of business under 42. Between January the control F?lieien of KABUGA Gisyeni, in distributed uniforms be womby the to Interahamwe, increasing solidarity aiding abetting killing thus their and and their of Tutsis. 1 1994and 17 July1994subordinates F?lieien of KABUGA made 43. Between January KABUGA's business premises homein Kigali-ville and available theInterahamwe to for trainingtheuse arms, by sodoing in of and aided abetted involvement and the ofthe Interahamwe killing Tutsis. in the of 7 KABUGA had direct control of 44. Between April1994and 17 July1994F?lieien lnterahamwe provided with who him personal protection access information and to of the involvement Interahamwe killing Tutsis. of the inthe of with administrative in Gisenyi an unknown in early official on date 45. At a meeting a local June 1994, F?lieieu KABUGA justified mass the killing Tutsi of civilians showed and knowledgethis of killing hissubordinates unwillingness by and his to prevent punish or this killing. Armingthe Interahamwe 46. On or about April 3 1994 theInterahamweGisenyi in under effective the control of F?lieieu KABUGA received armsand machetes purchased provided KABUGA and by fromhis company Kabuga ETS.The lnterahamwe machetes Gisenyi used in between 7 April 17 July and 1994 exterminateethnic to the Tutsi population. Count 4: DIRECT AND PUBLIC INCITEMENT TO COMMIT GENOCIDE TheProsecutor theInternational of Criminal Tribunal Rwanda for charges F?lieien KABUGA with DIRECT AND PUBLIC INCITEMENT TO COMMIT GENOCIDE, a crime stipulated inArticle 2(3)(c) Statute, that orbetween dates 7 April ofthe in on the of 1994 17 July 1994 throughout Rwanda, F?lieien KABUGA responsible thedirect public was for and incitementpersons kill cause of to or serious bodily mental to members theTutsi or harm of population the with intent destroy,whole inpart, Tutsi to in or the ethnic group, set as forth in paragraphsthrough 47 61. CONCISE STATEMENT OF FACTS FOR COUNT 4 9/15 Individual Criminal Responsibility 47. Pursuant Section of theStatute, accused, to 6(1) the F?licien KABUGA, individually is responsible thecrime Direct Public for of and IncitementCommit to Genocide because he planned, instigated, ordered, committed otherwise or aided and abetted the in planning, preparationexecution this or of crime. With respect thecommission to of those crimes,F?licienKABUGA orderedthose over whom he had command responsibilitycontrol a result hisposition authority and as of and described in paragraph 2 andhe instigated aided abetted and and those over whom didnothave he command responsibility andcontrol. addition, accused In the willfully knowingly and participateda joint in criminal enterprise object, whose purpose, foreseeable and outcome thedirect public was and incitement commit to genocide against Tutsi the racial ethnic or group throughout Rwanda. fulfill criminal To this purpose, accused the acted with leaders members theInterahamwe; and of political leaders as Joseph such NZIRORERA; prominent personssuch as Ferdinand NAHIMANA and Jean-Bosco BARAYAGWIZA; other and unknown participants, suchactions all being taken either directly through or subordinates, least period 8 April through July for at the of 1993 17 1994. particularsgive The that fise his to individual criminal responsibility forth are set in paragraphsthrough 48 54. RTLM Broadcasts 48. Between8 April 1993 and 17 July 1994 F?lieienKABUGA with Ferdinand NAHIMANA, Jean-Bosco BARAYAGWIZA and Joseph NZIRORERA amongst others planned establishment, andoperation RTLM a radio the funding of as station to disseminate an anti-Tutsi message to further and ethnic hatred between andTutsi Hutu in order cause to death serious or bodily mental or harmto members theTutsi of population the with goal destroyingethnic of the Tutsi group. KABUGA, President RTLMfrom8 April as of 1993through July1994, 17 49. F?licien hadde jurecontrol programming, of operations, finances RTLMbetween and of 8 April 1993and 17 July1994.By his chairmanship meetings RTLMComit? and of d'Initiative,management the committee,also he exercised facto de control RTLM. of As such, planned, he ordered, instigated aided abetted broadcastsRTLM and and the by employees during period it wasontheairfrom July the when 8 1993 17July to 1994. 50. Between April 6 1994 17 July and 1994, RTLM, a major as source informationthe of to population Rwanda, of broadcast information identifying location Tutsi the of and urged members ofthe Rwandan populationfind kill Tutsi. to and all of May,June and thefirst weeks July 1994RTLM few of of 51. Overthecourse April, broadcast messages instigated killing injuring hundreds thousands that the and of of of civilian Tutsis throughout Rwanda. Public Meetings datein May 1994F?licien KABUGA helda meeting the M?ridien at 52. On an unknown hotel Gisenyi hepublicly in where instigatedpresent exterminate all to the Tutsi. 10/15 53. On an unknown datein May 1994F?licien KABUGA helda meeting the prefecture at hall Gisenyi heinstigated present continue killing the in where those to the of Tutsi. 54. On an unknown datein May 1994F?licien KABUGA spokeat a meeting Gisenyi at Stadium. publicly He addressed audience instigated present kill the and all to the enemywherever round. was commonly It known Rwanda thistimethat"the in at enemy" referred allmembers to ofthe Tutsi population. Command Criminal Responsibili~ to 6(3) the F?licien KABUGA, responsible is 55. Pursuant Section of theStatute, accused, forthecrime Direct Public of and Incitement Commit to Genocide because specific criminal were acts committed subordinates accused theaccused or by of the and knew hadreason know to that such subordinates about commit acts were to such belote they were committed thatsuch or subordinates committed actsand theaccused had such failed take necessary reasonable to the and measures prevent acts to punish to such or theperpetrators thereof. These subordinates included employees RTLM, of leaders and members the Interahamwe other of and unknown participants. addition, In these subordinates accused ofthe participated and contributed significantly ina joint criminal enterprise leaders members the lnterahamwe; with and of political leaders as such Joseph NZIRORERA ailof hissubordinates; and prominent persons such Ferdinand as NAHIMANA and Jean-Bosco BARAYAGWIZA and ail of theirsubordinates; and other unknown participants, object, whose purpose, foreseeable or outcome the was direct public and incitement to commit genocide against Tutsi the facial ethnic or group and killing Hutu the of opponentsethnic of division throughout Rwanda, at least for the period from April 7 1994through July 17 1994. The accused knew had reason or to know theparticipation subordinatestheobject, of of his and purpose, foreseeable or outcome joint ofthe criminal enterprise the and accused failed take necessary to the and reasonable measures prevent subordinates participating joint to his from in the criminal enterprise punish subordinatestheir or to his for participation joint in the criminal enterprise.particulars participation accused hissubordinates The of the ofthe and in this joint criminal enterprise forth paragraphs are set in 56through 61. 56. F?licien KABUGA, President RTLMfrom8 April1993through July1994, as of 17 hadde jure control programming, of operations, finances RTLM and of between April 1993 17 July and 1994 andwasthesuperior ailof theemployees RTLM. his of of By chairmanship meetings RTLM and of Comit? d'Initiative, management the committee, healso exercisedfacto de control RTLM as such, effective of and had control the over employeesRTLM thesense of in ofhaving power prevent punish the to or their acts. 8 1993and17 July1994, employees RTLM of who were subordinate to 57. Between April F?licien KABUGA, operated RTLMas a radio station disseminate anti-Tutsi to an message to further and ethnic hatred between andTutsi order cause Hutu in to death or serious bodily mental or harmto members theTutsi of population the goal with of destroyingTutsi the ethnic group. 58. On or about26 November 1993and 10 February 1994,F?lieien KABUGA headed a delegation RTLMin a meeting from withRwandan Minister Information of Faustin RUCOGOZA where Minister RUCOGOZA complained that RTLM was broadcasting messages assimilated civilian that the Tutsi population theRPFandthat with these 11/15 messages wereincreasing ethnic hatred. newsreport the 10 February A of 1994 meetingwas broadcast Television on Rwandain whichKABUGAdefended RTLM broadcasts showed knowledge thecontents thebroadcasts showed and his of of and his unwillingness to prevent dissemination by RTLM anti-Tutsi of messages. 59. Between April 6 1994and17 July1994, employees RTLM, of whoweresubordinates of F?lieien KABUGA, werea majorsource information the population of to of Rwanda broadcast and information identifying location Tutsi urged the of and members ofthe Rwandan population to find kill Tutsi. and ail the of May, and few of of employees 60. Over course April, June thefirst weeks July 1994 of RTLM, who werethe subordinates F?lieien of KABUGA, broadcast messages that instigated killing injuring hundreds thousands civilian the and of of of Tutsis throughout Rwanda. 61. At a meeting a local with administrative in Gisenyi an unknown in early official on date June 1994, F?lieien KABUGA justified mass the killing Tutsi of civilians showed and knowledge ofthis killing hissubordinates by and lais unwillingness toprevent punish or this killing. Count 5: PERSECUTION a CRIME AGAINST HUMANITY The Prosecutor the International of Criminal Tribunal Rwanda for charges F?licien KABUGA with PERSECUTION as a CRIME AGAINST HUMANITY, a crime stipulatedArticle of theStatute, that andbetweenJanuary 17July in 3(h) in on 1 and 1994 throughout Rwanda, F?lieien KABUGA, responsible acts omissions was for or constituting a violationbasic fundamental rights, of or human against Tutsi the population against and Hutu opponents ethnic of division, racial political on and grounds part a widespread as of or systematic against civilian attack that population on facial, ethnic political and grounds, as outlined paragraphs in 62 through 78. CONCISE STATEMENT OF FACTS FOR COUNT 5 Individual Criminal Responsibility to 6(1) Statute, accused, the F?lieien KABUGA, individually is 62. Pursuant Section ofthe responsible thecrime Persecution a Crime for of as Against Humanity because he planned, instigated, ordered, committedotherwise and or aided abetted theplanning, in preparation or executionthis of crime. respect the With to commission of those crimes, F?lieien KABUGAordered thoseoverwhomhe had command responsibility and control a result hisposition authority as of and described paragraphandhe in 2 instigated aidedand abettedthoseoverwhom he did not have command and responsibility control. addition, accused and In the willfully knowingly and participated joint in a criminal enterprise object, whose purpose, foreseeable and outcome thepersecution facial political was on or grounds theTutsis Hutu of and opponentsethnic of division subjecting to killing, other by them to violent andto acts discriminationhatred and throughout Rwanda part a widespread systematic as of and attack against civilian that population onracial, ethnic political and grounds.fulfill To this criminal purpose, accused the acted with leaders members thelnterahamwe; and of political leaders suchas Joseph NZIRORERA; prominent persons suchas Ferdinand 12/15 NAHIMANA and Jean-Bosco BARAYAGWIZA; otherunknown and participants, all such actions taken being either directly through or subordinates, least period for at the of8 April 1993 through July 17 1994. particulars give The that rise his to individual criminal responsibility forth paragraphs are set in 63through 70. RTLM Broadcasts 63. Between8 April 1993 and 17 July 1994 F?licienKABUGA with Ferdinand NAHIMANA, Jean-Bosco BARAYAGWlZA and Joseph NZIRORERA amongst others planned establishment, andoperationRTLM a radio the funding of as station to disseminate an anti-Tutsi message to further and ethnic hatred between andTutsi, Hutu and cause killing, acts violence, other of discrimination and hatred the of Tutsi ethnic group Hutu and opponentsethnic of division. 64. F?licien KABUGA, President RTLMfrom8 April1993through July1994, as of 17 had de jurecontrol programming, of operations, finances RTLMbetween and of 8 April1993and 17 July1994.By his chairmanship meetings RTLMComit? and of d'Initiative,management the committee,also he exercised facto de control RTLM. of As such, planned, he ordered, instigated aided abetted broadcastsRTLM and and the by employees during period itwason the from July the when air 8 1993 17July to 1994. the from September through July1994, 30 1993 17 RTLM consistently 65. During period broadcast messages instigated that killings, acts violence discrimination other of and and hatred against Tutsis Hutu and opponentsethnic of division. 66. Between April 6 1994 17 July and 1994, RTLM, a major as source information of to the population Rwanda, of broadcast information identifying location Tutsi the of and urged members the of Rwandan population tofind kill Tutsi tofind kill and all and and Hutu opponentsethnic of division. 67. Overthecourse April, of May,June and thefirst weeks Julyof 1994RTLM few of broadcast messages instigated killing injuring hundreds thousands that the and of of of civilian Tutsis Hutu and opponentsethnic of division throughout Rwanda, Public Meetings 68. On an unknown datein May 1994F?licien KABUGA helda meeting the M?ridien at hotel Gisenyi hepublicly in where instigatedpresent exterminate ail to the Tutsi. 69. On an unknown datein May 1994F?licien KABUGA helda meeting theprefecture at hall Gisenyi heinstigated present continue killing the in where those to the of Tutsi. 70. On an unknown datein May 1994F?licien KABUGA spokeat a meeting Gisenyi at Stadium. publicly He addressed audience instigated present kill the and all to the enemywherever found. was commonly It known Rwanda thistimethat"the in at enemy" referred ailmembers the to of Tutsi population. Command Criminal Responsibili~ 13/15 to 6(3) the F?licien KABUGA, responsible is 71. Pursuant Section of theStatute, accused, forthecrime Persecutiona Crime of as Against Humanity because specific criminal actswerecommitted subordinates the accused the accused by of and knewor had reason know to that such subordinates about commit acts were to such before were they committedthat or such subordinatescommitted acts theaccused had such and failed to takethenecessary reasonable and measures prevent to suchactsor to punish the perpetrators thereof. These subordinates included employees RTLM leaders of and and members the Interahamwe otherunl~own of and participants. addition, In these subordinates accused ofthe participated and contributed significantly ina joint criminal enterprise leaders members theInterahamwe; with and of political leaders as such Joseph NZIRORERA ailof hissubordinates; and prominent persons such Ferdinand as NAHIMANA and Jean-Bosco BARAYAGWIZA and ail of theirsubordinates; and other unknown participants, object, whose purpose, foreseeable or outcome the was persecution Tutsis Hutu of the and opponentsethnic of division subjecting to by them killing, other to violent and discrimination acts to and hatred throughout as part Rwanda ofa widespread systematic against civilian and attack that population on racial, ethnic andpolitical grounds, at least period 8 April for the from 1993 through July 17 1994. Theaccused or hadreason know theparticipation subordinates knew to of of his and theobject, purpose, foreseeable or outcome thejoint of criminal enterprise the and accused failed takethe necessary reasonable to and measures prevent to his subordinates participating from in thejoint criminal enterpnse to punish or his subordinates fortheir participation joint inthe criminal enterprise.particulars The of the participation accused his ofthe and subordinates joint inthis criminal enterprise are set forth paragraphs in 72through 78. KABUGA, President RTLMfrom8 April as of 1993through July1994, 17 72. F?licien hadde jure control programming, of operations, finances RTLM and of between April 1993 and17 July 1994 andwasthesuperior ailof theemployees RTLM. his of of By chairmanship meetings RTLMComit? and of d'Initiative, management the committee, he also exercisedfacto de control RTLM as such, effective of and had control the over employeesRTLM thesense of in ofhaving power prevent punish the to or their acts. 8 1993and17 July1994, employees ofRTLM weresubordinate who to 73. Between April F?licien KABUGA, operated RTLMas a radio station disseminate anti-Tutsi to an message to further and ethnic hatred between andTutsi order cause Hutu in to death or serious bodily mental or harmto members theTutsi of population thegoal with of destroying Tutsi the ethnic group Humopponentsethnic and of division. the from30 September 17 July1994, to employees ofRTLM were who 74. During period subordinates of F?lieien KABUGA broadcast messages instigated that killings, other acts violence, of discrimination andhatred against Tutsis Humopponentsethnic and of division. 1993and 10 February 1994,F?licien KABUGA headed a 75. On or about26 November delegation RTLMin a meeting from withRwandan Minister Information of Faustin RUCOGOZA where Minister RUCOGOZA complained that RTLM was broadcasting messages assimilated civilian that the Tutsi population theRPFandthat with these messages wereincreasing ethnic hatred. newsreport the 10 February A of 1994 meetingwas broadcast Television on Rwandain whichKABUGAdefended RTLM 14/15 broadcasts showed knowledge thecontents thebroadcasts showed and his of of and his unwillingness to prevent dissemination by RTLM anti-Tutsi of messages. 6 1994and 17 July1994, employees RTLM, of who weresubordinates 76. Between April of F?lieien KABUGA, werea majorsource information the population of to of Rwanda broadcast and information identifying location Tutsi urged the of and members of theRwandan population findandkillall Tutsis to findandkillHutu to and opponentsethnic of division. 77. Over course April, June thefirst weeks July 1994 the of May, and few of of employees of RTLM, who werethe subordinates F?lieien of KABUGA, broadcast messages that instigated killing injuring hundreds thousandscivilian the and of of of Tutsis Hutu and opponents ethnic of division throughout Rwanda. 78. At a meeting a local with administrative in Gisenyi an unknown in early official on date June 1994, F?lieien KABUGA justified mass the killing Tutsi of civilians showed and knowledgethis of killing his by subordinates unwillingness and his toprevent punish or this killing. Signed ARUSHA, at this1st day of OCTOBER 2004. HASSAN BUBACAR JALLOW PROSECUTOR 15/15 TRANSMISSION SHEET FOR FILING OF DOCUMENTS WITH CMS ..... ~~,~~iii ,:? ~,.~,~:~- COURT MANAGEMENT SECTION (Art. ofthe 27 Directive theRegistry) for I - GENERAL INFORMATION (To be completed by the Chambers / Filing Party) [] Trial Chamber I [] Appeals Chamber/Arusha []Trial Chamber II []Trial Chamber III To: N?M?Diallo R. N. Kouambo C. K. Hometowu F?A.Talon [] Chief, CMS J.-P? Fom?t? From: [] Chamber (names) Case Name: The Prosecutor Kabuga vs. [] Deputy Chief, CMS M? Diop [] Defence (narnes) OE~ase Number: [] Chief, JPU,CMS K.K. A.Afande [] Appeals Chamber TheHague / R.Burriss []Prosecutor'sf(~ffice [] Other: i (names) ICTR-98-44B-I Dates: Transmitted: 01.10.2004 No. of Pages: / :~"" OriginalLanguage: TiUeof Filingof AmendedIndictment Document: Classification Level: []Strictly Confidential / Under Seal [] Confidential [] Public Document's date: [] English [] French [] Kinyarwanda TRIM Document Type: [] Indictment[] Warrant [] Correspondence[] Submission non-parties from [] Decision []Affidavit Notice Appeal [] Submission parties [] of from [] Disclosure[] Order [] Appeal Book []Accused particulars [] Judgement [] Motion []Book Authorities of Il - TRANSLATION STATUS ON THE FILING DATE (To be completed by the Chambers / Filing Party) OMS SHALLtakenecessary action regarding translation? [] Filing Party hereby submits onlytheoriginal, willnotsubmit translated and any version. []Reference material provided annex facilitate is in to translation? TargetLanguage(s): [] English [] French [] Kinyarwanda I CMS SHALLNOT takeany actionregarding translation. [] Filing Party hereby submits BOTHtheoriginal thetranslated and version filing, follows: for as []English [] French [] Kinyarwanda Original I in []English [] Kinyarwanda Translation I in [] French CMS SHALLNOT takeany actionregarding translation. [] Filing Party willbe submitting translated the version(s) duecourse thefollowi~:Janguage(s): in in [] Kinya~,vanda Et [] English [] French KINDLY FILL IN THE BOXES BELOW >> [] TheOTPis over-seeing translation. Thedocument submitted translation is for to: TheLanguage Services Section the ICTR/ Arusha. of [] [] TheLanguage Services Section the ICTR/ TheHague. of [] Anaccredited service translation; details for see below: Nameof contact person: Nameof service: Address: E-mailTel? Fax: / / [] DEFENCE over-s~ei~g is translatio~, The document subrr~~?~l an accre~ited is ~ service for translation (feeswillbe~d~r~ted DODMS): to Name of contactperso~~ oe "" .~. O Nameof service: Address: o ~. E-mailTel. Fax: / / .: III - TRANSLATION PRIORITISATION (For Official use ONLY) COMMENTS []Top priority []Urgent [] Normal [] Required date: [] Hearing date: [] Otherdeadlines: NB:Thisformis available http://www.ictr.org/ENGLISH/cms/cmsl on: .doc CMSI(Updated 04 February on 2004) @@ Date: To: 04 October2004 Tr'4 International GriminalTribunalfor Rwanda pour le Rwanda TribunalP6nallnternational Arusha lnlernational Conference Centre P O.Box 6016. Arusha. TanzenieB.P.6016. Arusha. Tanzenie -72 Teli25557 504207-11 504367 ot 1212 3 2A5O Fax:255 504000/50437312129632A4Al49 57 ot -ARUSHA PROOF SERVICE OF _ PREUVEDE NOTIFICATION ARUSHA Case Name / Affaire: Case No /Affaire No.. tr ! ! tr tr Judge Msse,President E. Judge R. Reddy J. Judge A. Egorov S. (simbal JudgeD. c. ir. Byron E. Nahamya, Co-ordinator The Prosecutorvs, tcTR-9844{ by I regupar. F6licien KABUGA rcceivedby I regupar n ! ! ! ! ! rcz tr tr tr tr tr tr tr tr D Judge H.sekule W. Judge Ramaroson A. tr tr Judge K. R. Khan (Bizinungu al.) et JudgeA.J. N. de Silva Judge S. B. Bossa (Nyitamasuhukuat.) et Judge L. G. Muthoga (Bizimungu ar.) et Judge E. F. Shotl (Bizinunguet at) Judge T. Hikmet fNd/,diliyimana ar.) et Judge S. K. Park fNd,h diliyimana at.) et n tr tr D D c. Eboe-osuji, sLo tr tr tr tr tr tr tr tr tr Sn',asr'{'1"{'oti' tr tr X rcr -@/ ! tr tr tr n tr tr tr n ! tr ! tr D A. Leroy, Co-ordinator a.vaz Judge JudgeK. R. Khan JudgeO.C. M. Byron Judge F, Lattanzi (Karemeta at.) et JudgeL, G. Muthoga(Mur,'Dara) JudgeF. R. Arrey (Karehercal.) et Judge E. F. shotl (Muhinana) Judge K. Hiikborg{sercr,ta) Judge G. G. Kam (Seronba) E.O'Donnell, SLO R. Adjovi,Co-ordinator R. Diarra, Co-ordinatot C, Denis,Co-odinatot (Karcmeraal.) et H. Gogo,Co-ordinator(SeronbEj E. Nahamya, Co-ordinalor (Muhinana) NA { l.'slo\ ffiffiLb4volo '..'..-.:.'..'.',''','.'.'.''.''..'.'.''.'. '.''...'..'''''.,''.''''..'.'..'...'.'..'.' n n DU X orpl BUREAU pRocuREUR tr Trial Attorney charge in ofcase:...... S. Rapp X oererse tr tr ! tr ! AccusedAccus6:...... F. Kabuga / LeadCounsel/ Conseil PrinciDal..... In/ a Arusha Arusha Co-Counsel Conseil / Adjoint... In / d Afusha AruSha . . . . . . . . . . . . . . . . . - . . . . . (sienarurc) " / Emplr cMs3bis FoRM n by fax comprere All Decisions: Chamber Unit, The Hague tr Appeals Jurist Linguist ! S. Chenault, All Decisions lmportant & PublicDocuments: & Library n Press Public tr Legal CMS) D J.-P.Fomete(Chief, E A. Dieng ! (TCl) N. Diallo ! (TC2) R. Kouambo E S. Menon X C. Hometowu ! l\r.Niang E F. A. Taion (Appeals) E S. vanDriessche OLA,NY E A. tuifier, E L. G. Munlo Subject Kindfy find attached the following document(s) / Veuillez trouver en annexe le(s) document(s) suivant(s): Objet: Documentsname/ /itre du document AMENDED INDICTMENT Date Filed, / Dale enregistrde 4/10/2004 Pa8es t6