Gérard Ntakirutimana versus the Prosecutor: Review Hearing comes up Before Appeals Chamber in Arusha

The Review Hearing in the case of the Prosecutor versus Gérard Ntakirutimana is coming up before the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals.

The Review Hearing will be held at the Tanzania branch of the International Residual Mechanism for Criminal Tribunals (Mechanism) in Arusha tentatively from Monday, 18 November 2024 until Friday, 22 November 2024.

About 22 years ago, on 21 February 2003, the Trial Chamber I of the International Criminal Tribunal for Rwanda (ICTR) in Arusha convicted Mr. Gérard Ntakirutimana of genocide and murder as a crime against humanity and sentenced him to 25 years of imprisonment.

Later, on 13 December 2004, the Appeals Chamber of the ICTR, among other things, affirmed Mr. Ntakirutimana’s convictions for committing genocide and murder as a crime against humanity, entered additional convictions for aiding and abetting genocide and extermination as a crime against humanity, and affirmed his sentence of 25 years of imprisonment.

 On 26 March 2014, Mr. Ntakirutimana was granted early release.

But nearly ten years later, on 14 December 2023, Mr. Ntakirutimana filed a request before the Mechanism for review of his convictions alleging discovery of new facts.

On 29 December 2023, Judge Graciela Gatti Santana, President of the Mechanism, assigned a bench of the Appeals Chamber composed of Judge Gatti Santana (Presiding), Judge Jean-Claude Antonetti, Judge Burton Hall, Judge Florence Rita Arrey, and Judge Aminatta Lois Runeni N’gum to adjudicate this matter. On 5 April 2024, President Gatti Santana assigned Judge Seon Ki Park to replace Judge Arrey.

On 21 May 2024, the Appeals Chamber partially granted Mr. Ntakirutimana’s request for review of his convictions with respect to Prosecution Witness HH’s alleged recantation of his testimony at trial.

Given that Witness HH was the sole witness in relation to an attack at Gitwe Hill, near Gitwe Primary School, review was granted only with respect to this event.

In the same decision, the Appeals Chamber also determined that a hearing will be held pursuant to Rule 147 of the Rules of Procedure and Evidence of the Mechanism.

The Review Hearing will therefore be held from Monday, 18 November 2024 until Friday, 22 November 2024, at the UN Mechanism’s branch in Arusha, Tanzania.

The Appeals Chamber will hear the testimony of Witness HH in relation to the purported recantation of his evidence at trial. Following this, the parties will present final submissions.