Historic verdicts for ICTR Appeals Chamber 28 Nov 2007
The Appeals Chamber of the ICTR has reduced the prison terms for two former Radio Télévision Libre des Mille Collines directors during the Rwandan genocide and confirmed the sentence of ex-army officer Aloys Simba.

The Appeals Chamber of the ICTR has reduced the prison terms for two former Radio Télévision Libre des Mille Collines directors during the Rwandan genocide and confirmed the sentence of ex-army officer Aloys Simba.On Wednesday, 28 November, the Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) delivered its judgement in the so-called “media case” against three Rwandan nationals convicted of inciting genocide in Rwanda in 1994. The Appellants were Ferdinand Nahimana, founder and ideologist of Radio Télévision Libre des Mille Collines (RTLM), Jean-Bosco Barayagwiza, a board member of RTML and the founder of the political party Coalition for the Defence of Republic (CDR), and Hassan Ngeze, editor-in-chief of the Kangura newspaper – a well-known Rwandan periodical in the early 1990s.

Finding all three guilty of conspiracy to commit genocide, genocide, direct and public incitement to commit genocide, as well as persecution and extermination as crimes against humanity, the Trial Chamber had sentenced Nahimana and Ngeze in 2003 to life imprisonment, and Barayagwiza to 35 years’ imprisonment. On Appeal, the judges declared that the jail terms would be reduced to 30 years, 35 years and 32 years, respectively, taking into account the cancellation of certain findings of culpability.

The notorious Ten Commandments, published in 1990 in Kangura within an article entitled Appeal to the Conscience of the Hutu, in addition to RTLM broadcasts engaging in ethnic stereotyping, were considered to have conveyed hatred for the Tutsi ethnic group. Along the same lines, the CDR supported unity and solidarity among the Hutu popular majority and promoted the killing of Tutsi.

This is the first case of its kind since 1946 when the Nuremberg Tribunal sentenced Julius Streicher to death for the publication of Der Stürmer, a newspaper contributing to Nazi propaganda.

Earlier, on 27 November, the ICTR Appeals Chamber confirmed the Trial Chamber’s judgement in the case against ex-army officer Aloys Simba.

Based on Simba’s participation in the massacre of Tutsi civilians at the Murambi Technical School and at the Kaduha Parish in Gikongoro prefecture on 21 April 1994, Simba was found guilty of genocide and extermination as a crime against humanity in 2005. The Appeals Chamber dismissed both the Prosecution’s and the Defence’s grounds of appeal, affirming the sentence of 25 years’ imprisonment.

Aloys Simba, former Lt. Colonel of the Rwandan army and former member of the Rwandan parliament, participated in the coup d’État that brought former President Habyrimana to power in 1973. In May 1994, Simba was designated by the Minister of Defence of the interim government as Conseiller of the civil defence for Gikongoro and Butare prefectures.

Press release (the "media case" - only available in French)
Press release (Aloys Simba sentence)

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