Hategekimana, Idelphonse

Idelphonse Hategekimana was Commander of the Ngoma Camp in Butare préfecture during the events of 1994 in Rwanda, holding the rank of Lieutenant. In this capacity, Hategekimana exercised authority over soldiers and acted under the authority of Tharcisse Muvunyi. In the original indictment against Hategekimana he was charged alongside Muvunyi, but the case against the latter was later severed and heard separately.

Idelphonse Hategekimana is charged on the basis of his individual responsibility with genocide, or complicity in the alternative, as well as murder and rape as crimes against humanity. It is alleged that Hategekimana collaborated with others in planning, preparing and executing a plan to eliminate the Tutsi population and personally oversaw the massacre of civilians in Butare by the Interahamwe militia and military personnel.

Hategekimana was arrested in 2003 and first appeared before the International Criminal Tribunal for Rwanda (ICTR) on 28 February 2003. On 20 June 2008 the ICTR turned down a request from the Prosecutor to transfer the case of Idelphonse Hategekimana to the national jurisdiction of Rwanda. The Trial Chamber ruled that the Rwandan legal framework insufficiently criminalised command responsibility, that Hategekimana may encounter obstacles in obtaining witnesses for his defence, and finally that he may be sentenced to life imprisonment in isolation in violation of his right not to be subjected to cruel, inhuman or degrading treatment.

 

The trial of Idelphonse Hategekimana began before Trial Chamber III on March 16 2009.

Research/ miscellaneous (Research Document)
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