AKAYESU CASE PDF

On 2 September , Trial Chamber I of the Tribunal found him guilty of nine out of fifteen Counts charging him with genocide, crimes against humanity and violations of the Geneva Conventions in the first ever trial before the Tribunal. His was the first conviction ever for genocide and it was the first time that an international tribunal ruled that rape and other forms of sexual violence could constitute genocide. It was also the first conviction of an individual for rape as a crime against humanity. Akayesu appealed against his convictions and the sentence imposed on him. His principal ground of appeal was that he had not been represented by counsel of his choice.

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On 2 September , Trial Chamber I of the Tribunal found him guilty of nine out of fifteen Counts charging him with genocide, crimes against humanity and violations of the Geneva Conventions in the first ever trial before the Tribunal.

His was the first conviction ever for genocide and it was the first time that an international tribunal ruled that rape and other forms of sexual violence could constitute genocide. It was also the first conviction of an individual for rape as a crime against humanity. Akayesu appealed against his convictions and the sentence imposed on him.

His principal ground of appeal was that he had not been represented by counsel of his choice. The Prosecution also presented four grounds of appeal. The Appeals Chamber held that the right of appeal for an indigent person to be represented by a lawyer free of charge did not imply the right to select the advocate to be assigned to defend him. The Chamber underscored that in this case there had been an abuse of the right of an indigent accused to legal aid at the expense of the international community.

The Accused was charged under Article 6 1 of the Statute with genocide count 1 ; complicity in genocide count 2 ; crimes against humanity Counts 3, 5, 7, 9, and 11 ; direct and public incitement to commit genocide count 4 ; violations of Article 3 common to the Geneva Conventions Counts 6, 8, 10 and On 17 June , the original indictment was amended with three additional Counts of sexual violence, violence and murder perpetrated at the bureau communal between 7 April and the end of June On 2 September , Trial Chamber I found the Accused guilty of genocide count 1 , direct and public incitement to commit genocide count 4 and crimes against humanity Counts 3, 5, 7, 9, 11, 13 and He was acquitted on the remaining Counts.

The Chamber imposed several terms of imprisonment on the Accused, ranging from 10 years to life and it decided that each sentence should be served concurrently. Therefore, it directed that the Accused should serve a single sentence of life imprisonment see Judgment and Verdict.

Both the Accused and the Prosecution appealed against the Trial judgment. The Accused lodged an appeal against the sentence as well. Legally relevant facts The Accused raised eleven grounds of appeal in total. Under ground 1, the Accused submitted that he had been denied the right to be defended by counsel of his own choice and to defend himself in person para. Under ground 2, the Accused argues that he had been denied the right to a competent attorney para.

Under ground 3, the Accused contended that the tribunal was biased and lacked independence para. Under ground 4, Mr. Akayesu alleged a total absence of the rule of law in view of a series of errors invalidating the finding of guilty paras. Under ground 5, the Accused maintained that there was a total absence of the rule of law; however, he did not discuss this ground in his Brief nor at he hearing on appeal. Therefore, the Appeals Chamber rejected it paras.

Under ground 6, the Accused submitted that the Trial Chamber had erred in the way it had treated hearsay evidence para. Under ground 7, the Accused alleged irregularities during direct examination and cross-examination paras.

Under ground 8, Mr. Akayesu raised an issue of unlawful disclosure of defence witness statements para. Under ground 9, the Accused argued that Witness DAAX had sent a letter to the judges of Trial Chamber I following his testimony and that this constituted an abuse of process para.

Under ground 10, the Accused challenged the legality of his detention para. Under ground 11, Mr. Akayesu appealed against the sentence imposed on him para. The Prosecution advanced four grounds of appeal.

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Jean-Paul Akayesu Case

What happened? He also had some power over the gendarmes national police force in the area. Within days, men came and killed her husband. She fled with her month old son and sought help from Akayesu at the Taba municipal office. Witness JJ was chased, suffering and witnessing continuous beatings and attacks. Akayesu ordered them away, adding that even if he had bullets, he would not waste them on Tutsi women.

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Akayesu-Urteil

He was the mayor of Taba commune in Gitarama prefecture from April until June As mayor, Akayesu was responsible for performing executive functions and maintaining order in Taba, meaning he had command of the communal police and any gendarmes assigned to the commune. He was subject only to the prefect. He was considered well-liked and intelligent. Akayesu not only refrained from stopping the killings, but personally supervised the murder of various Tutsis.

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The Prosecutor v. Jean-Paul Akayesu

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