Today, the Appeals Chamber of International Residual Mechanism for Criminal Tribunals(IRMCT) composed of Judge Graciella Gatti Santana (Uruguay), presiding, Judge Jean-Claude Antonetti (France), Judge Burton Hall (The Bahamas), Judge Aminatta Lois Runeni N’gum (Gambia), and Judge Seon Ki Park (South Korea) orally pronounced its judgement on review in the case of Prosecutor v. Gérard Ntakirutimana, Case No. MICT-12-17-R.
On 21 May 2024, the Appeals Chamber partially granted review of Mr. Ntakirutimana’s convictions on the basis of Witness HH’s purported recantations of his testimony before the International Criminal Tribunal for Rwanda. Witness HH’s testimony exclusively underpinned Mr. Ntakirutimana’s convictions for aiding and abetting genocide and extermination as a crime against humanity in relation to attacks at Gitwe Hill, near Gitwe Primary School, in late April or beginning of May 1994.
During the review hearing, held on 18 and 19 November 2024 at the Arusha branch of the Mechanism, the Appeals Chamber heard Witness HH’s testimony as well as oral submissions from the parties. The Appeals Chamber determined that Mr. Ntakirutimana had not demonstrated that Witness HH credibly recanted his testimony in the Ntakirutimana case. Consequently, Mr. Ntakirutimana’s convictions based on Witness HH’s testimony remain unaffected.
Mr. Ntakirutimana was a medical doctor at the Seventh Day Adventist’s hospital at Mugonero Complex, in Gishyita commune, Kibuye prefecture, Rwanda, between April 1993 and April 1994. His trial judgement was rendered on 21 February 2003, and his appeal judgement on 13 December 2004. Aside from convictions related to Gitwe Hill, Mr. Ntakirutimana was also convicted of committing genocide and murder as a crime against humanity for the killing of Charles Ukobizaba at the Mugonero Hospital on 16 April 1994, and of aiding and abetting genocide and extermination as a crime against humanity for the procurement of ammunition and gendarmes for the Mugonero Complex attack on 16 April 1994, as well as for participating in attacks on Tutsis at Mubuga Primary School in June 1994.