International Criminal Tribunal for Rwanda (ICTR)

Théoneste Bagosora was born on August 16th, 1941 in the Gisenyi prefecture. At the time of the 1994 genocide, he was chief of staff at the Ministry of Defence. The Indictment of August 12th, 1999, contains counts of: conspiracy to commit genocide, genocide, complicity in genocide, public and direct incitement to genocide, crimes against humanity and breaches of Section 3 common to the Geneva Conventions and of Additional Protocol II. He was found guilty by the Trial Chamber, in a December 18th 2008, decision, of genocide, of six different counts of crime against humanity and of three counts of severe violence pursuant to Section 3 common to the Geneva Conventions and relevant provisions of the Additional Protocol II. He was sentenced to life imprisonment. The accused has appealed this decision.

Counsels:

• Me Raphaël Constant, Lead Counsel
• Me Richard Perras, Co-Counsel

 

Éphrem Setako, a retired colonel, was head of the division of legal affairs at the Ministry of Defence at the time of the genocide. The Indictment of March 23rd, 2008, contains counts of genocide or complicity in genocide, murder and extermination as crimes against humanity and serious violations (violence to life and pillage) of Section 3 common to the Geneva Conventions and of Additional Protocol II. Born in 1949 in the Nkuli commune, lawyer by profession, he was a member of the Neutral Military Observer Group of the Organisation of African Unity. His trial began in 2007 and ended on 25 February 2010 when he was found guilty and sentenced to a 25-year imprisonment term. He was found guilty of three of the six counts, namely: genocide, extermination as a crime against humanity and breach of life as a war crime. He is appealing this decision, as is the Prosecutor.

Counsels:

• Me Lennox Hinds, Lead Counsel
• Me Cainnech Lussiaà-Berdou, Co-Counsel

 

Jérôme Bicamumpaka, born in 1957 in the Ruhondo commune, was Minister of Foreign Affairs and Cooperation with the interim government at the time of the 1994 genocide. The May 7th 1999 Indictment contains allegations of authority and control over all institutions and staff related to his Ministry, as well as his knowledge of the political and social context at the time of the genocide. He is accused of having participated in ministerial meetings during which the government’s policies were formulated and adopted. He is accused of conspiracy to commit genocide, genocide, complicity in genocide, direct and public incitement to commit genocide, three counts of crimes against humanity (murder, extermination and rape) and two war crimes. As of 2003, M. Jérôme Bicamumpaka’s trial is ongoing before the ICTR.

Counsels:

• Me Michel Croteau, Lead Counsel
• Me Philippe Larochelle, Co-Counsel

 

Prosecutor v Bizimungu, Casimir, file nº ICTR-99-45

Casimir Bizimungu was born in 1951 in the Nyamugari commune. He is co-accused, with Jérôme Bicamumpaka et al in the file Government II (Bizimungu et al.: ICTR-99-50). He is accused of: conspiracy to commit genocide, genocide, complicity in genocide, public and direct incitement to genocide, crimes against humanity and breaches of Section 3 common to the Geneva Conventions and of Additional Protocol II. According to the May 7th 1999 Indictment, he was Minister of Health with the interim government at the time of the genocide.

Counsels:

• Me Michelyne C. St-Laurent, Lead Counsel
• Me Andrea Valvidia, Co-Counsel

 

Tharcisse Renzaho is accused under the February 16th 2006 Indictment of six counts, namely: genocide, complicity in genocide, murder and rape as crimes against humanity and as war crimes. Born in 1944 in Kigarama, M. Renzaho had various governmental functions at the time of genocide. He was préfet, president of Kigali’s civic defence committee, and was colonel within the Rwandan Army. He is accused of having been responsible as commander, for participation in a joint criminal enterprise, and as having authority over such enterprise. In its July 14th 2009 decision, the Trial Chamber found him guilty and sentenced him to life imprisonment. He is appealing this decision.

 

Jean-Bosco Uwinkindi was born in 1951 in the Rutsiro commune, Kibuye prefecture of Rwanda. At the time of the 1994 genocide, he was a preacher in a Pentecostal church in the Nyamata sector, Kanzenze commune. Pursuant to the September 5th 2001 Indictment, Jean-Bosco Uwinkindi is charged with genocide, conspiracy to commit genocide and extermination as a crime against humanity. He pleaded non-guilty to the charges brought against him at his July 9th, 2010 initial appearance. Prosecutor officially required transfer of this file to the Rwanda Government on November 4th, 2010, as permitted by the ICTR’s Rules of Evidence and Procedure, Rule 11bis.

Counsel:

• Claver Kisiringi, Lead Counsel

 

International Criminal Tribunal for the Former Yugoslavia (ICTY)

The Prosecutor v Šljivančanin, Case No. IT-95-13 / 1 (partial contribution to the Defence)

Born on 13 June 1953 in Montenegro, Veselin Šljivančanin was charged with two co-accused in connection with the case The Prosecutor v. Mile Mrkšić et al. According to the Third Consolidated Indictment of November 15th 2004, they participated in a joint criminal enterprise, its common purpose being the persecution of Croats and other non-Serbs present in the Vukovar Hospital after the fall of the city, by way of murder, torture, cruel treatment, extermination and other inhumane acts. Commander of a brigade of the Yugoslav Army, Mr. Šljivančanin was charged primarily because he had a position of authority within the Army. While he was responsible for the safety of war prisoners, Šljivančanin did nothing to prevent the beatings perpetrated in the Ovčara camp. He allegedly did not give appropriate instructions to the military in charge of guarding the prisoners; he allegedly did not send more troops nor did he attempt to do so. On September 27th 2007, he was sentenced to a 5 year prison term. The Appeals Chamber decided to increase the term to 17 years imprisonment in its May 5th 2009 decision, but reduced it to 10 years in its Revision Judgment.

Counsels:

• Me Novak Lukić, Lead Counsel
• Me Stéphane Bourgon, Assistant Counsel

 

International Criminal Court (ICC)

Prosecutor v Lubanga, Thomas, Case No. ICC-01/04-01/06 (partial contribution to the Defence)

Thomas Lubanga was born on 29 December 1960 in the district of Ituri in the Democratic Republic of the Congo. In 2006 he became the first person indicted by the ICC under the Rome Statute. Mr Lubanga is alleged to be responsible, as a co-perpetrator, of two war crimes. These counts consist of enlistment and conscription of children under 15 in his armed group, the Patriotic Forces for the Liberation of Congo, and their use as part of an international armed conflict (count I) and in the context of armed conflict not of an international character (count II). Placed under arrest on February 10th 2006, Mr. Lubanga appeared before Trial Chamber I of the ICC for the first time on March 20th 2006. After a hearing regarding the confirmation of charges brought against him, he was sent to trial. The Trial Chamber I has been hearing his case since January 26th 2009. The trial of Mr. Lubanga was suspended more than once due to procedural issues related to the Prosecutor’s failure to disclose evidence and documents to the Defence.

 

Canadian courts

The Munyaneza case is the first application in Canada of universal jurisdiction for international crimes punishable under Canada’s Crimes against Humanity and War Crimes Act. Munyaneza is a Rwandan national who immigrated to Canada in 1997. He was accused of seven counts, namely: murder and violence as genocide, crime against humanity and war crimes, as well as pillage as war crime. The alleged events took place in the Butare commune, Rwanda, between April 1 and July 31, 1994. Arrested on October 19th 2005 in Toronto, the Superior Court found him guilty of genocide, crimes against humanity and war crimes in its May 22nd 2009 decision. He has been sentenced to life imprisonment, without parole for 25 years. The appeal is pending before Quebec’s Court of Appeal.

Counsels:

• Me Richard Perras
• Me Paul Skolnik
• Me Mylène Dimitri

 

Born March 19, 1944, Regent Boily, Canadian citizen, was arrested in Mexico for drug possession. Sentenced to 14 years in prison in 1998, he escaped a year later. During his escape, a prison guard was killed. Boily managed to return to Canada, where he was arrested and detained by Canadian authorities in March 2005 pursuant to an order issued by the Superior Court of Quebec. In 2006, Canada’s Minister of Justice ordered his extradition to Mexico, knowing that he had suffered torture in Mexico and that he may be resubmitted to torture if extradited. Relying on diplomatic assurances from the Mexican government, despite the evidence of the inability of Mexico to stop the torture within its prisons, Mr. Boily was actually surrendered to Mexico in 2007 after the Supreme Court has refused to allow the appeal of the Court of Appeal’s judgement confirming the ministerial decision. Upon his return in a Mexican prison, Regent Boily was subjected to torture. His lawyer filed a complaint against Canada for breach of constitutional obligations with respect to fundamental justice and for violation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Canada requests the dismissal of the proceedings on the ground that the court has no jurisdiction over a decision to extradite because it pertains to Canada’s executive privilege in international relations.

Counsel:

• Me Philippe Larochelle

 

A group of 334 citizens applied to register to the Indian Registry pursuant to Sections 6 and 7 of the Indian Act. On 29 August 2008, a request to that effect was filed with the Indian Registrar. The Department of Indian and Northern Affairs denied the request even though the applicants claim they have demonstrated they meet the legal requirements for registration. The Minister’s refusal to acknowledge their Indian status could violate Section 35 of the 1982 Constitution Act. Besides Canada’s constitutional obligations with respect to aboriginal peoples' rights, this case has an international dimension due to Canada's commitment to honor the United Nations Declaration on the Rights of Indigenous Peoples and to the applicability of the International Convention on the Elimination of All Forms of Racial Discrimination.

Counsel:

• Me Philippe Larochelle