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| |  | | Hassan Ngeze | | | context : | Rwanda  | | judgement place : | ICTR (Rwanda) | | status : | Sentenced | | particulars : | Sentenced to life imprisonment; sentence reduced to 35 years by the Appeals Chamber on 28 November 2007 | | position : | Chief Editor of the newspaper Kangura and Co-founder of the Radio-Television Mille Collines |
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| | | | On his arrest in Kenya on 18 July 1997 at the demand of the ICTR Prosecutor, Hassan Ngeze was transferred the very same day to the United Nations penitentiary in Arusha.
The ICTR ordered that the trial of Hassan Ngeze be combined with that of Ferdinand Nahimana (see 'related cases'), the former Director of the Rwandan Information Office as well as being the founder of the RTLM and also that of Jean-Bosco Barayagwiza (see 'related cases'), former political advisor to the Foreign Affairs Ministry and member of the board (“comité d’initiative”) of the RTLM. This trial, which opened up on 23 October 2000, is popularly known under the name of “the hate media trial”.
At the outset Hassan Ngeze boycotted the trial and did so for several days (until 26 October 2000). In this way he wished to register his protest against the translation of his newspaper articles by the ICTR, translations which he considered to be imprecise and unjust. He also demanded a complete translation into English and French of 71 issues of Kangura even though the ICTR, not having the necessary means, could only translate the relevant passages.
Ngeze pleaded not guilty to all the Counts of Indictment drawn up against him.
At the opening of the trial, his lawyer stated: ”Hassan Ngeze believes in democracy, in elections, in freedom of the press”, adding that “it is not Ngeze who is under accusation. It is the liberty of the press which is under accusation”. It therefore became precisely on the grounds of freedom of the press that the main elements of the trial were conducted. This was underlined by the assistant prosecutor, Bernard Muna, when he pointed out to the three judges of the Trial Chamber that their decision would define the limits of free speech. He laid stress on the role played by the media in the genocide, by comparing the work of the accused to that of Heinrich Himmler, leader of the SS in Nazi Germany.
Hassan Ngeze’s line of defence was to deny everything. He stated the claim, amongst others, that he was not the author of the “Ten Commandments of the Bahutus” published in Kangura in December 1990. He claimed that he had taken this article from other newspapers and that in addition he had even published excuses shortly afterwards. He also highlighted the fact that he had saved the lives of several people during the genocide, a statement which was confirmed by witnesses.
In the end Ngeze was found guilty of genocide, conspiracy to commit genocide, incitement to commit genocide by direct and published channels, and crimes against humanity (persecution and extermination). On the other hand he was acquitted on the charges of complicity to commit genocide and of crimes against humanity (murder).
The president of the Trial Chamber, Mrs Navanethem Pillay, judged that Ngeze had used his magazine “to instigate hatred, spread fear and incite genocide. It is clear that Kangura played an essential role in creating the circumstances which led to the genocide”.
Ngeze was sentenced to life imprisonment.
He has appealed this conviction. Trial before the Appeals Chamber was opened on 16 January 2007.
On 28 November 2007, the Appeals Chamber reduced his prison term to 35 years. It overturned several charges, but confirmed the ones under Article 6(1) of the Statute for:
- aiding and abetting the commission of genocide in Gisenyi prefecture;
- direct and public incitement to commit genocide through the publication of articles in his Kangura newspaper in 1994;
- aiding and abetting extermination as a crime against humanity in Gisenyi prefecture. | |    | | Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty. | |  |  | | nationality : | | | Rwanda | | | date of birth : | | | 25.12.1957 | | | last time seen : | | | Arusha (Tanzania) | | | period of charges : | | | 01.01.1994 - 31.12.1994 | | | judgement period : | | | 23.10.2000 - 08.12.2003 | | | charges : | | | Crimes against humanity
Genocide | | | profile last modified : | | | 23.01.2008 |
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