INTERNATIONAL CRIMINAL TRI -NAL FOR RWANDA n Case No. ICTR /»-/

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1 INTERNATIONAL CRIMINAL TRI -NAL FOR RWANDA n Case No. ICTR /»-/ ; g! o 1 THE PROSECUTOR * n i H I JT!" ; AGAINST S S 3 ^ L f > ^ I ^ ^ i * Ti J E A N BAPTISTE GATETEI ^ " INDICTMENT The Prosecutor of the International Criminal Tribunal for Rwanda, pursuant to the authority stipulated in Article 17 of the Statute of the International Criminal Tribunal for Rwanda (the Statute of the Tribunal) charges: JEAN BAPTISTE GATETE with GENOCIDE; or in the alternative COMPLICITY IN GENOCIDE; CONSPIRACY TO COMMIT GENOCIDE; DIRECT AND PUBLIC INCITEMENT TO COMMIT GENOCIDE; CRIMES AGAINST HUMANITY; and VIOLATIONS OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND ADDITIONAL PROTOCOL II, offenses stipulated in Articles 2, 3 and 4 of the Statute of the Tribunal.

2 3 The Prosecutor of the International Criminal Tribunal for Rwanda, pursuant to the authority stipulated in Article 17 of the Statute of the International Criminal Tribunal fof Rwanda (the Statute of the Tribunal), charges: Jean Baptiste GATETE with GENOCIDE; or in the alternative COMPLICITY IN GENOCIDE; CONSPIRACY TO COMMIT GENOCIDE; DIRECT AND PUBLIC INCITEMENT TO COMMIT GENOCIDE; CRIMES AGAINST HUMANITY; and VIOLATIONS OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND ADDITIONAL PROTOCOL II, offenses stipulated in Articles 2, 3 and 4 of the Statute of the Tribunal, as set forth below: 2. THE ACCUSED: 2.1 Jean Baptiste GATETE was born in 1953 in Rwankuba secteur, Murambi commune, Byumbapréfecture, Rwanda. 2.2 Jean Baptiste GATETE was bourgmestre of Murambi commune, 'in Byumba préfecture, from 1987 until June He was a member of the national congress of the MRND and was active in paity politics at both the national and prefectural levels. He was also President of the MRND in Murambi commune. He was dismissed as bourgmestre in 1993 during the administration of Dismas NSENGIYAREMYE's Second Multiparty Government of 1992 amidst allegations that he persecuted the Tutsi of Murambi. Shortly thereafter he was appointed Directeur in the Ministry of Women and Family Affairs, then headed by Pauline NYIRAMASUHUKO. 2.3 During the period covered by this indictment, Jean Baptiste GATETE was an Interhamwe leader. Though no longer formally affiliated with the local public administration, he continued to exercise authority over communal police, gendarmes and civilian militias in Byumba and Kibungo préfectures due to his former status as bourgmestre of Murambi commune, his national leadership role in the MRND political party and his leadership status among the Interahamwe. 3. TERRITORIAL, TEMPORAL AND MATERIAL JURISDICTION 3.1 The crimes charged in this indictment were committed in Rwanda between 1 January and 31 December Between 1 January and 31 December 1994, citizens native to Rwanda were severally identified according to the following ethnic classifications: Tutsi, Hutu and Twa.

3 & Between 6 April 1994 and 17 July 1994, there were throughout Rwanda widespread or systematic attacks directed against a civilian population on political, ethnic or racial grounds. Between 1 January 1994 and 17 July 1994 there was a state of nonintemational armed conflict in Rwanda. 3.5 Between 1 January 1994 and 17 July 1994, Rwanda was a state party to the Convention on the Prevention and Punishment of the Crime of Genocide (1948), having acceded to it on 16 April 1975, and the Geneva Conventions of 12 August 1949 and their additional Protocol II of 8 June 1977, having acceded to the Geneva Conventions of 12 August 1949 on 5 May 1964 and to Protocols additional thereto of1977 on 19 November The victims referred to in this indictment were civilian non-combatants and are protected persons according to the provisions of Article 3 common to the Geneva Conventions of 1949 and Additional Protocol II thereto. 4 HISTORICAL AND POLITICAL CONTEXT OF EVENTS: 4.1 The Local Public Administration: During the events referred to in this indictment Rwanda was divided into eleven (11) préfectures, among which are the adjoining eastern préfectures of Byumba and Kibungo Préfectures are territorially and administratively divided into communes, which in turn are divided into secteurs and then into cellules. During the events referred to in this indictment there were approximately 145 communes among the 11 préfectures of Rwanda, one of which was Murambi commune in Byumba préfecture. Kiramuruzi, Gakenke, Kiziguro, Nyabinsindu, and Rwankuba are secteurs within Murambi commune. Kayonza and Rukira are communes in the adjoining préfecture of Kibungo. Rulenge is a secteur within Rukira commune The bourgmestre represents executive power at the level of the commune. During the events referred to in this indictment, the bourgmestre, like the préfet, was appointed by the President of the Republic on recommendation from the Minister of the Interior. The bourgmestre was under the hierarchical authority of the préfet and exercised authority over all the civil servants posted in his commune. As the last link in the State's delegated power structure, the bourgmestre was entrusted with enforcement of national laws, decrees, instructions and recommendations. Additionally, the bourgmestre had poticmç duties in regard to maintaining public order and ensuring the safety of people and property within the commune, including the power of law enforcement through the intervention of communal police The bourgmestre exercised authority over conseillers 'de secteur and -» responsables de cellule and nyumakumi, members o : * CiZ local public

4 Baptiste GATETE to, "Exterminate all the families [of Tutsi]...and quickly because [if not]...the Inkotanyi will find you...". to act As early as the night of 6 Ap ; ril 1994, Jean Baptiste GATETE assembled Interahamwe and organized to seal off all roads and exits from the commune Roadblocks were established to facilitate the identification and the killing of Tutsi civilians. Hutu persons that were perceived to be members of the political opposition were also targeted for attack, classed as "Hutu that do not share the opinions of the MRND. " During the events referred to in this indictment, particularly after 7 April 1994, Jean Baptiste GATETE circulated in Murambi commune to distribute weapons to Interahamwe at roadblocks. Jean Baptiste GATETE specifically directed Interahamwe at roadblocks to kill inyenzi, a derogatory reference to ethnic Tutsi and often surveyed the roadblocks to monitor the progress of the killings From 7 April through 12 April 1994, Jean Baptiste GATETE circulated through various secteurs of Murambi commune, including Kiramuruzi, Gakenke, Rubona and Nyabysindu, and announced via megaphone or by use of a vehicle.equipped with a public address system that the Tutsi should be exterminated. On occasion he was accompanied by conseillers' de secteur with pre-prepared lists of people to be killed More particularly, during the morning of 7 April 1994, Jean Baptiste GATETE led a truckload of Interahamwe on a campaign of extermination of civilian Tutsi through the various secteurs and cellules of Murambi commune, including Akarambo, Gakoni, Nyabisindu, and Rwankuba In Rwankuba, Jean Baptiste GATETE assembled a group of Interahamwe and addressed them with a megaphone, encouraging them to gather other Interahamwe and to start the "work" of killing the Tutsi. Jean Baptiste GATETE promised the Interahamwe a reward of cattle when the extermination of the Tutsi was completed. As soon as Jean Baptiste GATETE departed, conseiller de secteur Jean BIZIMUNGU assembled the Interahamwe and ordered them to start the killing In Akarambo, Jean Baptiste GATETE, accompanied by Murambi bourgmestre Jean de Dieu MWANGE, arrived with a convoy of Interahamwe armed with firearms, grenades and traditional weapons. The Interahamwe disembarked and Jean Baptiste GATETE ordered them to begin the massacres. The Interahamwe dispersed and started to burn, loot and pillage Tutsi homes and to kill civilian Tutsi During these raids Interahamwe, acting under orders from Jean Baptiste GATETE, killed numerous Tutsi civilians with machetes, firearms and traditional weapons The Interahamwe attacks in Akarambo targeted Tutsi women for sexual assaults. During the events referred to in: indictment, in Akarambo, on or

5 a about 8 April 1994, a group of Interahamwe serially raped a number of Tusti women. The attacks occurred shortly after Jean Baptiste GATETE arrived in the center of Akarambo with his band of civilian militia. i On or about 8 April 1994 at Nyagasambu on the road to Rwankuba, Jean Baptiste GATETE addressed civilian militias at a roadblock, declaring, "You militants, I can see your work but Gacuba has done more than you... Kill, but remove the bodies from the road. Cut down the fields of sorgho so that no one hides in the plantations. You must exterminate the Tutsi; search them in the field, in the sorgho plantations and send them to Kiziguro, I'm going to kill them there myself tomorrow... You must even kill the baby in the womb and any Hutu that sympathizes with them so that later no one will reveal what I have just said to their relatives..." On 11 April 1994 Jean Baptiste GATETE led an attack against Kiziguro paroisse, a church where thousands of civilian Tutsis had taken refuge. Assisted by several FAR soldiers armed with rifles, Jean Baptiste GATETE and his group of Interahamwe broke through the portals of the church compound and forced the Tutsi refugees to exit the church sanctuary in groups. First the men, and later a number of the remaining women, were forced to lie on their stomachs, whereupon Interahamwe and civilian militias hacked them to death with traditional weapons. Soldiers shot anyone that tried to run or escape. Jean Baptiste GATETE ordered the attacks and supervised the systematic killings of civilian Tutsi over the course of the full day. A number of refugees were initially spared so that they could transport the bodies of their dead relatives to a nearby mass grave, after which they also were hacked to death and tossed into the grave. Several thousand civilian Tutsi men, women, and children were slaughtered during the Kiziguro paroisse massacre of 11 April Jean Baptiste GATETE led his campaigns against the Tutsi southward through Murambi commune and Kibungo préfecture, targeting civilian Tutsi as he retreated RPF's advance from the north. On or about 12 April 1994, late that night in Kumuringa, Jean Baptiste GATETE addressed a group ot refugees composed of displaced Hutu peasants, interspersed with civilian Tutsi fleeing the wave of killings, declaring, "The Inkotanyi have arrived but lime no fear, I will defend the popular majority... continue to work. " The next morning Jean Baptiste GATETE addressed the Interahamwe, "Militants, have courage. We may be defeated... escape through Gahini; but / urn always with you. " Jean Baptiste GATETE then departed southward toward Kibungo with a group of Interahamwe, chanting MRND party slogans and killing civilian Tutsi along the way. 5.3 Events in Kibungo préfecture On or about 10 April 1994 Jean Baptiste GATETE arrived in Rukara commune in adjoining Kibungo préfecture and held a meeting with the bourgmestre Emile MPAMBARA. Shortly thereafter, Tutsi refugees that had taken shelter at Rukara paroisse, numbering in the tho?.. 'qs, were ordered to

6 leave the church. When they refused, Interahamwe armed with firearms, grenades, machetes and traditional weapons attacked the church and killed numerous Tutsi civilians that had gathered there. 5.3.: Also on or about 10 April 1994 Jean Baptiste GATETE, accompanied by bourgmestre of Kayonza Celestin SENKWARE, soldiers and Interahamwe, surrounded and then attacked the Mukarange paroisse church compound. When asked by a priest to halt the attack, Jean Baptiste GATETE exclaimed, "Inkotanyi have already attacked," a reference to the RPF. Interahamwe attacked civilian Tutsi refugees with traditional weapons, machetes and grenades. Many refugees were killed. Although the refugees did not fully succumb to the attackers during that initial assault, Interahamwe returned and attacked Mukarange paroisse with grenades the next morning. Those that survived were then placed in a classroom and called outside family by family whereupon Interahamwe killed them with machetes. Interahamwe also targeted Tutsi women for sexual assaults before killing them On or about 12 April 1994, Jean Baptist GATETE, accompanied by bourgmestres Jean de Dieu MWANGE and Celestin SENKWARE and a group of communal police and Interahamwe, conducted an inspection of identity cards of travelers on the Kibungo road through Kayonza commune. Certain persons were allowed to continue on their route while others were turned back. At one particular roadblock Jean Baptiste GATETE ordered the occupant of a vehicle, KAMUZINZI, a well-known member of the political opposition to the MRND, to exit the vehicle. When he resisted Jean Baptiste GATETE threatened to set the vehicle afire. KAMUZINZI exited the vehicle and ran in an attempt to escape. Jean Baptiste GATETE and several Interahamwe and communal police chased KAMUZINZI and a communal policeman shot and killed him upon orders from Jean Baptiste GATETE. Thereafter, Jean Baptiste GATETE ordered Interahamwe to kill the 9ccupants of KAMUZINZI's vehicle. Interahamwe immediately killed the occupants and Jean Baptiste GATETE appropriated the vehicle Also on or about 12 April 1994 in Rutonde Jean Baptiste GATETE, accompanied by Celestin SENKWARE and several others, shot and killed MULINDA, a refugee that was hiding in a swamp. At the time of the killing Jean Baptiste GATETE and others were patrolling the hills and valleys to search out and kill civilian Tutsis that were in hiding On or about 14 April 1994 in Kayonza commune, Jean Baptiste GATETE ordered Interahamwe to kill BUT ARE, a businessman. Circulating among a group of refugees, Jean Baptiste GATETE exclaimed, "I don't want BUTARE to follow me, kill him. " Interahamwe responding to Jean Baptiste GATETE's orders hacked BUTARE to death with machetes and knives On or about 15 April 1994, Jean Baptiste GATETE arrived in Kayonza commune with a group of Interahamwe armed with machetes and traditional weapons. Jean Baptiste GATETE addressed the bourgmestre of Kayonza Celestin SENKWARE before a crowd that assembled in the courtyard of the bureau communal. Present in the courtyard were local residents, i: 'uding a

7 *s number of Tutsi women, and the recently arrived Interahamwe. Jean Baptiste GATETE announced that elsewhere the Tutsi had been decimated and that in Kayonza the locals should also, "rid themselves of the filth by killing the children and raping the women before killing them. " In Jean Baptiste GATETE's very presence, Interahamwe at the gathering immediately seized a number of Tutsi women and dragged them behind a nearby building and serially raped them. The rapes were committed publicly and in proximity to the bureau communal of Kayonza, formerly a shelter for Tutsi refugees, in the presence of the bourgmestre of Kayonza, Célestin SENKWARE, and with his knowledge and encouragement Afterwards, the Interahamwe returned to the courtyard of the bureau communal at Kayonza where Jean Baptiste GATETE addressed them once again, instructing them to go to the adjoinging secteurs of Nyarusage, Nkamba and Giparara to exterminate the remaining Tutsi survivors. Both Jean Baptiste GATETE and Célestin SENKWARE offered their vehicles to the Interahamwe to facilitate the attacks During the events referred to in this indictment, in mid April 1994, fleeing the RPF advance in Byumba, Jean Baptiste GATETE arrived in Rukira commune, Kibungo préfecture, with a caravan of Murambi communal police armed with firearms and civilian militias armed with machetes and traditional weapons. Jean Baptiste GATETE met with bourgmestre of Rukira Moise NIYONSHUTI and afterwards publicly castigated the local residents for not massacring the Tutsi in the commune. Jean Baptiste GATETE then assembled the Interahamwe that accompanied him and instructed them to exterminate the Tutsi in Rukira since the local population had done nothing. The following morning, Jean Baptiste GATETE's Interahamwe led a campaign of destruction of Tutsi homes throughout the commune and killed numerous Tutsi civilians. The campaign of pillage and killing was visited upon Rugombe cellule and all the other cellules in Rulenge secteur In his exhortations to the people of Rukira, including the local civilian militias, Jean Baptiste GATETE specifically ordered that Tutsi women and children were to be killed. Immediately thereafter, Interahamwe sought out the hiding places of Tutsi women and children and killed them also. 6 Criminal Responsibility: 6.1 Between 6 April and 30 April 1994, in Byumba and Kibungo préfectures, Jean Baptiste GATETE led a campaign of terror against Tutsi civilians and against Hutus perceived to be politically opposed to the MRND and MRNDaligned political parties, resulting in thousands of deaths. Killings took place at roadblocks on public thoroughfares, in public buildings where refugees sought shelter, including churches, on hillsides and open fields, and even in the victims' homes. Jean Baptiste GATETE killed persons by his own hand, r.ncifically ordered killings by subordinates, and led attacks under umstances where he knew, or should have known, that civilians were, or

8 would be, killed by persons acting under his authority. The identity of each victim and the proximate number of fatalities and the exact circumstances of each attack cannot be detailed exhaustively due to the overwhelming devastation of the non-international armed conflict. i 6.2 Sexual violence against Tutsi women was systematically incorporated in the generalized attacks against the Tutsi. In leading, ordering and encouraging the campaign of extermination in Byumba and Kibungo préfectures, Jean Baptiste GATETE knew, or should have known, that sexual violence against civilian Tutsi was widespread or systematic, and that the perpetrators were his subordinates, subject to his authority and control, and acting under his orders. 6.3 In ordering, commanding, instigating, supervising or participating in the killings and rapes in Byumba and Kibungo préfectures Jean Baptiste GATETE espoused, joined or furthered the national Government campaign against the RPF, particularly its strategy of enlisting local administrative authorities and civilians, organized as civilian militias or acting individually, to exterminate the Tutsi, as such, to defeat the RPF. 6.4 Jean Baptiste GATETE intended the attacks on civilian Tutsi to be part of the non-international armed conflict because Tutsi civilians were considered accomplices of the RPF and enemies of the Government. 6.5 By virtue of his positions of leadership of the MRND and the Interahamwe, particularly as derived from his status as former bourgmestre of Murambi, Jean Baptiste GATETE ordered or directed or otherwise authorized government armed forces, civilian militias and civilians to persecute and kill or facilitate the killing of civilian Tutsi. By virtue of that same authority Jean Baptiste GATETE had the ability and the duty to halt, prevent, discourage or sanction persons that committed, or were about to commit, such acts, and did not do so, or only did so selectively. 6.6 Jean Baptiste GATETE, in his position of authority and acting in concert with others, participated in the planning, preparation or execution of a common scheme, strategy or plan to exterminate the Tutsi, by his own affirmative acts or through persons he assisted or by his subordinates with his knowledge and consent. 6.7 Jean Baptiste GATETE's campaign of terror in Byumba and Kibungo préfectures during April 1994 intended the destruction, in whole or in part, of the Tutsi. io

9 CHARGES: Count 1: GENOCIDE: 1 The Prosecutor of the International Criminal Tribunal of Rwanda charges Jean Baptiste GATETE with GENOCIDE, a crime stipulated in Article 2(3)(a) of the Statute, in that on or between the dates of 6 April 1994 and 30 April 1994 in Byumba or Kibungo préfectures, Rwanda, Jean Baptiste GATETE did kill and cause serious bodily or mental harm to members of the Tutsi population with the intent to destroy, in whole or in part, a racial or ethnic group, as follows: Pursuant to Article 6(1) of the Statute: by virtue of his affirmative acts in ordering, instigating, commanding, participating in and aiding and abetting the preparation and execution of the crime charged, as set forth in paragraphs ; 5.2.3; ; ; 5.3.6; 5.3.8; 5.3.9; ; 6.1; 6.3; 6.5; 6.6 and 6.7 of this indictment; and Pursuant to Article 6(3) of the Statute: by virtue of his actual and constructive knowledge of the acts and omissions of soldiers, gendarmes," communal police, Interahamwe, civilian militia and civilians acting under his authority, and his failure to take necessary and reasonable measures to stop or prevent them, or to discipline and punish them, for their acts in the preparation and execution of the crime charged, as set forth in paragraphs 5.1; ; ; 5.3.9; ; 6.1; 6.2; 6.6 and 6.7 of this indictment. Without limiting the generality of the foregoing, these acts and omissions include, but are not limited to: (a) acting in concert with local administrative officials in Byumba or Kibungo préfectures, including bourgmestres and conseillers de secteur, to lead, command and order civilian militias and local residents to kill Tutsi civilians, resulting in thousands of deaths ffl5.2.4; ; ; 5.3.1; and 5.3.9]; (b) leading, commanding or ordering attacks on Tutsi civilians by communal police, Interahamwe, and civilian militias in Byumba or Kibungo préfectures, resulting in thousands of deaths [ffl[5.1; 5.2.5; 5.2.9; ; and ]; (c) ordering, encouraging or inciting communal police, Interahamwe, civilian militias and local residents in Byumba or Kibungo préfectures to kill Tutsi civilians 5.2.8; ; ; ; ; 5.3.1; and 5.3.4]; (d) ordering, encouraging or inciting communal police, Interahamwe, civilian militias and local residents in Byumba or Kibungo préfectures to rape Tutsi women [^ and 5.3.6]; (e) ordering or organizing communal police, Interahamwe and civilian militias to seal off all roads and exits from Murambi commune to facilitate identification and killing of Tutsi civilians []f5.2.6];

10 (f) distributing weapons to communal police, Interahamwe and civilian militias at roadblocks and directing them to kill Tutsi civilians [f5.2.7]; (g) organizing and participating in military training of Interahamwe in the National Park of Akagera Forest in preparation for killing Tutsi civilians ffl5.2.2]; and (h) facilitating, aiding and abetting communal police, Interahamwe, civilian militias or local residents in Byumba or Kibungo préfectures in their attacks upon Tutsi civilians [ff5.2.7 and 5.3.8]; with the intent to destroy the Tutsi, in whole or in part, each of which acts or omissions is punishable in reference to Articles 22 and 23 of the Statute. Or alternatively, Count 2: COMPLICITY IN GENOCIDE: The Prosecutor of the International Criminal Tribunal of Rwanda charges Jean Baptiste GATETE with COMPLICITY IN GENOCIDE, a crime stipulated in Article 2(3)(e) of the Statute, in that on or between the dates of 6 April 1994 and 30 April 1994 in Byumba or Kibungo préfecture, Rwanda, Jean Baptiste GATETE did kill or cause serious bodily or mental harm to members of the Tutsi population with the intent to destroy, in whole or in part, a racial or ethnic group, as follows: Pursuant to Article 6(1) of the Statute: by virtue of his affirmative acts in planning, instigating, ordering, committing, or otherwise aiding and abetting the planning, preparation or execution of the crime charged, as set forth in paragraphs 5.1; 5.2.2; 5.2.3; ; ; 5.3.6; 5.3.8; 5.3.9; ; 6.1: 6.3; 6.5; 6.6 and 6.7 of this indictment; and Pursuant to Article 6(3) of the Statute: by virtue of his actual or constructive knowledge of the acts or omissions of his subordinates, including soldiers, gendarmes, communal police, Interahamwe, civilian militia or civilians acting under his authority, and his failure to take necessary and reasonable measures to stop or prevent them, or to discipline and punish them, for their acts in the planning, preparation or execution of the crime charged, as set forth in paragraphs 5.1; ; ; 5.3.7; 5.3.9; ; 6.1; 6.2; 6.6 and 6.7 of this indictment. Without limiting the generality of the foregoing, these acts or omissions include, but are not limited to: (a) acting in concert with local administrative officials in Byumba or Kibungo préfectures, including bourgmestres and conseillers. secteur, to lead, command and order civilian militias and local residents to kill Tutsi civilians, resulting in thousands of deaths ffl5.2.4; ; ; 5.3.1; and 5.3.9]; (b) endorsing, encouraging, agreeing or acquiescing in attacks on Tutsi civilians by communal poh~. r nterahamwe, and civilian militias in l?

11 Byumba or Kibungo préfectures, resulting in thousands of deaths ffl5.1; 5.2.5; 5.2.9; and ]; (c) ordering, inciting, or encouraging communal police, Interahamwe, civilian militias and local residents in Byumba or,kibungo préfectures to kill Tutsi civilians, knowing that they intended the destruction of the Tutsi, in whole or in part, or acquiescing in such acts ffl5.1; 5.2.8; ; ; ; 5.3.1; and 5.3.4]; (d) ordering, encouraging or inciting communal police, Interahamwe, civilian militias and local residents in Byumba or Kibungo préfectures to rape Tutsi women ffl and 5.3.6]; (e) ordering or organizing communal police, Interahamwe and civilian militias to seal off all roads and exits from Murambi commune to facilitate identification and killing of Tutsi civilians, knowing that Tutsi would be identified and killed by persons that intended the destruction, in whole or in part, of the Tutsi [15.2.6]; (f) distributing weapons to communal police, Interahamwe and civilian militias at roadblocks, knowing that they would be used to kill Tutsi civilians by persons that intended the destruction, in whole or in part, of the Tutsi [f5.2.7]; (g) organizing and participating in military training of Interahamwe in the National Park of Akagera Forest in preparation for killing Tutsi civilians [^5.2.2]; and (h) facilitating, aiding and abetting communal police, Interahamwe, civilian militias or local residents in Byumba or Kibungo préfectures in their attacks upon Tutsi civilians, knowing that they intended the destruction, in whole or in part, of the Tutsi [ , 5.2:15 and 5.3.8]; each of which acts or omissions is punishable in reference to Articles 22 and 23 of the Statute. Count 3: CONSPIRACY TO COMMIT GENOCIDE: The Prosecutor of the International Criminal Tribunal of Rwanda charges Jean Baptiste GATETE with CONSPIRACY TO COMMIT GENOCIDE, a crime stipulated in Article 2(3)(b) of the Statute, in that on or between the dates of 6 April 1994 and 30 April 1994 in Byumba or Kibungo préfectures, Rwanda, Jean Baptiste GATETE did conspire with others, including, but not limited to, local administrative officials, such as bourgmestre of Murambi Jean de Dieu MWANGE and bourgmestre of Kayonza Celestin SENKWARE and various conseillers de secteur, Interahamwe leaders, communal police, and the political leadership of the MRND at the regional and national levels, including, though not limited to, members of the Interim Government of 8 April 1994, to kill or cause serious bodily or mental harm to members of the Tutsi population with the intent to destroy, in whole or in part, a racial or ethnic group, as follows:

12 io Pursuant to Article 6(1) of the Statute: by virtue of his affirmative acts in planning, instigating, ordering, committing, or otherwise aiding and abetting the planning, preparation or execution of the crime charged, as set forth in paragraphs 5.2.1; 5.2.2; 5.2.3; 5.2.4; 5.2.6; 5.2.7; 5.2.8; ; 5.3.1; and 6.7 of this indictmert. ' ' f ' Without limiting the generality of the foregoing, these acts or omissions include, but are not limited to: (a) organizing or participating in meetings to plan or encourage attacks on Tutsi civilians [ ; 5.2.8; 5.3.1; 6.3; 6.6 and 6.7]; (b) organizing or participating in meetings to requisition, procure, or distribute weapons to communal police, Interahamwe, civilian militias or local residents, intending that they be used to kill Tutsi civilians ffl5.2.3 and 5.2.4]; (c) organizing and participating in military training of Interahamwe in the National Park of Akagera Forest in preparation for killing Tutsi civilians [15.2.2]; (d) failing to maintain public order, or deliberately undermining the public order, in districts over which he exercised administrative authority, in agreement with or in furtherance of the policies of the MRND or the Interim Government, knowing that those policies intended the destruction, in whole or in part, of the Tutsi ; 5.2.6; 5.2.7; 5.2.8; ; ; ; and 6.3]; (e) agreeing, directing or acting in concert with local administrative officials in Byumba or Kibungo préfectures, including bourgmestres or conseillers de secteur, to deny protection to Tutsi civilian refugees to facilitate attacks upon them by communal police, Interahamwe, civilian militias or local residents [ ; 5.2.8; and 6.3]; and (f) agreeing or acting in concert with local administrative officials in Byumba or Kibungo préfectures, including bourgmestres or conseillers de secteur, to organize civilian militias and local residents to kill Tutsi civilians, resulting in thousands of deaths [ ; 5.2.7; ; and 6.3]; with the intent to destroy the Tutsi, in whole or in part, each of which acts or omissions is punishable in reference to Articles 22 and 23 of the Statute. Count 4: DIRECT AND PUBLIC INCITEMENT TO COMMIT GENOCIDE: The Prosecutor of the International Criminal Tribunal of Rwanda charges Jean Baptiste GATETE with DIRECT AND PUBLIC INCITEMENT TO COMMIT GENOCIDE, a crime stipulated in Article 2(3)(c) of the Statute, in that on or between the dates of 6 April 1994 and 30 April 1994 in Byumba or Kibungo préfectures, Rwanda, Jean Baptiste GATETE did directly and publicly incite persons, including, but not limited to, soldiers, local administrative officials, communal police, civilian militias and local residents,

13 to kill or cause serious bodily or mental harm to members of the Tutsi population with the intent to destroy, in whole or in part, a racial or ethnic group, as follows: Pursuant to Article 6(1) of the Statute: by virtue of his affirmative acts in planning, instigating, ordering, committing, or otherwise aiding and abettine the planning, preparation or execution of the crime charged, as set forth in paragraphs 5.1; 5.2.3; 5.2.4; 5.2.5; 5.2.6; 5.2.7; ; ; ; ; 5.3.8; 5.3.9; and 6.1 of this indictment; and Pursuant to Article 6(3) of the Statute: by virtue of his actual or constructive knowledge of the acts or omissions of his subordinates, including soldiers gendarmes, communal police, Interahamwe, civilian militia or civilians acting under his authority, and his failure to take necessary and reasonable measures to stop or prevent them, or to discipline and punish them, for their acts in the planning, preparation or execution of the crime charged, as set forth in paragraphs 5.2.3; 5.2.5; 5.2.8; ; ; 5.3.7; 5.3.9; 6.3; 6.6 and 6 7 of this indictment. Without limiting the generality of the foregoing, these acts or omissions include, but are not limited to: (a) circulating throughout Murambi commune in a vehicle equipped with a public address system and announcing that Tutsi were to be killed [H5.2.8]; (b) announcing with a hand-held public address system that civilian militias or local residents were to attack Tutsi and exterminate them,[lf5.2.8 and ]; (c) addressing a public assembly in the courtyard of the bureau communal of Kayonza commune, encouraging civilian militias or local residents to kill Tutsi men and children and to rape Tutsi women before killing them [15.3.6]; (d) announcing to civilian militia manning roadblocks that Tutsi civilians should be exterminated; [15.2.7]; (e) announcing to civilian militias and local residents that fields of crops should be cut down so that the Tutsi could be exterminated in their hiding places [ ]; (f) publicly encouraging or advising communal police, Interahamwe, civilian militias or local residents in Byumba or Kibungo préfectures to kill Tutsi civilians [H5.2.5; 5.2.7; 5.2.8; and 5.3.9]; and (g) publicly encouraging, instigating or advising communal police, Interahamwe, civilian militias or local residents in Byumba or Kibungo préfectures to rape Tutsi women [15.3.6]; with the intent to destroy the Tutsi, in whole or in part, each of which acts or omissions is punishable in reference to Articles 22 and 23 of the Statute.

14 Count 5: CRIMES AGAINST HUMANITY (Extermination): B The Prosecutor of the International Criminal Tribunal of Rwanda charges HUMANITV GATOE r th TERMINATION as a CRIME AGAINST HUMANITY as stipulated in Article 3(b) of the Statute, in that on or between the dates of 6 Apnl 1994 and 30 April 1994 in Byumba or Kibungo prefectures, Rwanda, Jean Baptiste GATETE did kill persons, or cause persons to be killed, during mass killing events as part of a widespread or systematic attack against a civilian population on political, ethnic or racial grounds, as follows: Pursuant to Article 6(1) of the Statute: by virtue of his affirmative acts in planning, instigating, ordering, committing, or otherwise aiding and abetting the planning, preparation or execution of the crime charged, as set forth in paragraphs 5.1; 5.2.2; 5.2.3; 5.2.6; 5.2.7; 5.2.8; ; " 5.3.6; 5.3.8; 5.3.9; ; 6.1; 6.3; 6.5; 6.6 and 6.7 of this indictment; and Pursuant to Article 6(3) of the Statute: by virtue of his actual or constructive knowledge of the acts or omissions of his subordinates, including soldiers gendarmes, communal police, Interahamwe, civilian militia or civilians acting under his authority, and his failure to take necessary and reasonable measures to stop or prevent them, or to discipline and punish them, for theif acts in the planning, preparation or execution of the crime charged, as set forth in paragraphs 5.1; 5.2.4; 5.2.7; 5.2.8; 5.2.9; ; ; ; ; ; 5.3.7; 5.3.9; ; 6.1; 6.2; 6.6 and 6.7 of this indictment. Without limiting the generality of the foregoing, these acts or omissions include, but are not limited to: (a) ordering or supervising the killing of numerous civilian Tutsi that sought refuge in or near the church compound at Kiziguro paroisse\ [ ]; (b) ordering or supervising the killing of numerous civilian Tutsi that sought refuge in or near the church compound at Mukarange paroisse\ [15.3.2]; (c) ordering or supervising the killing of numerous civilian Tutsi that sought refuge in or near the church compound at Rukara paroisse [15.3.1]; (d) ordering or inciting communal police, Interahamwe, civilian militias and local residents to exterminate the civilian Tutsi in Rukira commune ; [ and 5.3.9]; (e) announcing with a hand-held public address system that civilian militias or local residents were to attack Tutsi and exterminate them; [15.2.8]; (f) addressing a public assembly in the courtyard of the bureau communal of Murambi commune to order and encourage local residents, including civilian militias, to kill Tutsi men and children and to rape Tutsi women before killing them; [ and 5.3.7]; (g) ordering, instructing, inciting or encouraging Interahamwe, civilian militia and local residents in the courtyard of the bureau communal

15 at Kayonza to exterminate the Tutsi in adjoining secteurs of Nyarusage, Nkamba and Giparara; [15.3.8]; (h) ordering or announcing to civilian militia at roadblocks that Tutsi civilians should be exterminated; [ and 5.2.7]; (i) ordering or announcing to civilian militias or local residents that fields of crops should be cut down so that the Tutsi could be exterminated in their hiding places; [ ]; (j) ordering, encouraging or advising local administrative officials in Byumba or Kibungo préfectures, including bourgmestre Emile MPAMBARA, to deny protection to Tutsi civilian refugees to facilitate attacks upon them by communal police, Interahamwe, civilian militias or local residents [15.3.1]; each of which acts or omissions is punishable in reference to Articles 22 and 23 of the Statute. Count 6: CRIMES AGAINST HUMANITY (Murder): The Prosecutor of the International Criminal Tribunal of Rwanda charges Jean Baptiste GATETE with MURDER as a CRIME AGAINST HUMANITY, as stipulated in Article 3(a) of the Statute, in that on 'or between the dates of 6 April 1994 and 30 April 1994 in Byumba or Kibungo préfectures, Rwanda, Jean Baptiste GATETE did kill persons, or cause persons to be killed, as part of a widespread or systematic attack against a civilian population on political, ethnic or racial grounds, as follows: Pursuant to Article 6(1) of the Statute: by virtue of his affirmative acts in planning, instigating, ordering, committing, or otherwise aiding and abetting the planning, preparation or execution of the crime charged, as set forth in paragraphs 5.1; 5.2.3; 5.2.5; 5.2.6; 5.2.7; 5.2.8; 5.2.9; ; ; ; ; ; ; 5.3.1; 5.3.2; 5.3.3; 5.3.4; ; 5.3.6; ; ; and 6.1 of this indictment; and Pursuant to Article 6(3) of the Statute: by virtue of his actual or constructive knowledge of the acts or omissions of his subordinates, including soldiers, gendarmes, communal police, Interahamwe, civilian militia or civilians acting under his authority, and his failure to take necessary and reasonable measures to stop or prevent them, or to discipline and punish them, for their acts in the planning, preparation or execution of the crime charged, as set forth in paragraphs 5.1; 5.2.3; 5.2.5; 5.2.6; 5.2.7; 5.2.8; 5.2.9; ; ; ; ; ; ; 5.3.1; 5.3.2; 5.3.3; 5.3.4; 5.3.5; 5.3.6; ; ; ; 6.1 ; 6.5 and 6.6 of this indictment. Without limiting the generality of the foregoing, these acts or omissions include, but are not limited to: (a) chasing and ordering communal police to chase and to shoot or kill KAMUZINZI near a roadside in Kibungo in early April causing his death [15.3.3]; l

16 (b) ordering civilian militia to kill the occupants of KAMUZINZI's vehicle on a Kibungo road in early April 1994, causing their deaths [15.3.3]; (c) acting in concert with several communal police or civilian militia to chase and shoot MULINDA in early April 1994 in Kibungo, causing his death [15.3.4]; (d) ordering Interahamwe to shoot or kill BUTARE in early April 1994 in Kibungo, causing his death [f5.3.5]; (e) ordering or participating in attacks upon civilian Tutsi refugees at Kiziguro paroisse in early April in Byumba, causing thousands of deaths [1f5.2.l5]; (f) ordering or participating in attacks upon civilian Tutsi refugees at Mukarange paroisse in early April in Kibungo, causing thousands of deaths [15.3.2]; (g) ordering or participating in attacks upon Tutsi civilians or upon civilians perceived to be politically opposed to the MRND or the Interim Government throughout Murambi commune or Kibungo préfecture during April 1994, causing thousands of deaths [115.1; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; 5.3.8; 5.3.9; and 6.1]; and (h) ordering, encouraging or instigating local administrative* officials in Byumba or Kibungo préfectures, including bourgmestres or conseillers de secteur, to enlist civilian militia and local residents in an offensive campaign to kill Tutsi civilians or persons perceived to be politically opposed to the MRND or the Interim Government, causing thousands of deaths, or having knowledge of such killings by persons subject to his authority, failing to stop them or discipline or punish them for continuing such acts [115.1; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; 5.3.8; ; and 6.1]; each of which acts or omissions is punishable in reference to Articles 22 and 23 of the Statute. Count 7: CRIMES AGAINST HUMANITY (Persecution): The Prosecutor of the International Criminal Tribunal of Rwanda charges Jean Baptiste GATETE with PERSECUTION as a CRIME AGAINST HUMANITY, as stipulated in Article 3(h) of the Statute, in that on or between the dates of 6 April 1994 and 30 April 1994 in Byumba or Kibungo préfectures, Rwanda, Jean Baptiste GATETE did persecute persons, or cause persons to be persecuted, as part of a widespread or systematic attack against a civilian population on political, ethnic or racial grounds, as follows: Pursuant to Article 6(1) of the Statute: by virtue of his affirmative acts in planning, instigating, ordering, committing, or otherwise aiding and abetting the planning, preparation or execution of the crime charged, as set forth in

17 paragraphs 5.1; 5.2.3; 5.2.5; 5.2.6; 5.2.7; 5.2.8; 5.2.9; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; and 6.1 of this indictment; and Pursuant to Article 6(3) of the Statute: by virtue of his r.ctual or constructive knowledge of the acts or omissions of his subordinates, including soldiers, gendarmes, communal police, Interahamwe, civilian militia or civilians acting under his authority, and his failure to take necessary and reasonable measures to stop or prevent them, or to discipline and punish them, for their acts in the planning, preparation or execution of the crime charged, as set forth in paragraphs 5.1; 5.2.3; 5.2.5; 5.2.6; 5.2.7; ; 5.2.9; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; 6.1 ; 6.2 ; 6.5 and 6.6 of this indictment. Without limiting the generality of the foregoing, these acts or omissions include, but are not limited to: (a) ordering, instigating or participating in attacks on Tutsi civilians, or on persons perceived to be politically opposed to the MRND or the Interim Government, by communal police, Interahamwe, civilian militias or local residents in Byumba or Kibungo préfectures, resulting in injury, rape and death of thousands of persons [115.1; ; ; ; ; ; ; ; 5.2:i l ; ; ; ; ; ; ; ; ; ; ; 5.3.8; 5.3.9; and 6.1]; (b) ordering or leading or participating in attacks upon the homes, livestock and belongings of Tutsi civilians or upon the homes, livestock and belongings of persons perceived to be politically opposed to the MRND or the Interim Government, resulting in massive destruction of property and loss of homes and internal displacement of local residents [115.1 ; ; ; and 5.3.9]; (c) organizing meetings with local administrative officials, such as bourgmestres and conseillers de secteur, to publicly address civilian militia and local residents to characterize civilian Tutsi as accomplices of an invading enemy army, causing civilians to be targeted, attacked or killed as collaborators [ ; ; ; and 5.3.9]; (d) circulating throughout Murambi commune in a vehicle equipped with a public address system and announcing that all Tutsi were to be killed [15.2.8]; (e) announcing with a hand-held public address system that civilian militias or local residents should attack the Tutsi and exterminate them [H5.2.8 and ]; (f) segregating Tutsi refugees from internally displaced Hutu refugees in public places of shelter and causing Tutsi refugees to be mistreated or killed [ ; and 5.3.5]; each of which acts or omissions is punishable in reference to Articles 22 and 23 of the Statute.

18 Count 8: CRIMES AGAINST HUMANITY (Rape): fp The Prosecutor of the International Criminal Tribunal of Rwanda charges Jean Baptiste GATETE with RAPE as a CRIME AGAINST HUMANITY, as stipulated in Article 3(g) of the Statute, in that on or between the dates of 6 April 1994 and 30 April 1994 in Byumba or Kibungo préfectures, Rwanda, Jean Baptiste GATETE did cause women to be raped as part of a widespread or systematic attack against a civilian population on political, ethnic or racial grounds, as follows: Pursuant to Article 6(1) of the Statute: by virtue of his affirmative acts in planning, instigating, ordering, committing, or otherwise aiding and abetting the planning, preparation or execution of the crime charged, as set forth in paragraphs ; ; and of this indictment; and Pursuant to Article 6(3) of the Statute: by virtue of his actual or constructive knowledge of the acts or omissions of his subordinates, including soldiers, gendarmes, communal police, Interahamwe, civilian militia or civilians acting under his authority, and his failure to take necessary and reasonable measures to stop or prevent them, or to discipline and punish them, for their acts in the planning, preparation or execution of the crime charged, as sbt forth in paragraphs ; ; ; and 6.2 of this indictment. Without limiting the generality of the foregoing, these acts or omissions include, but are not limited to: (a) ordering, instigating or encouraging communal police, Interahamwe, civilian militias or local residents in Byumba or Kibungo préfectures to rape Tutsi women or to rape Tutsi women prior to killing them [ ; and 5.3.7]; (b) addressing a public assembly in the courtyard of the bureau communal of Kayonza commune, encouraging civilian militias or local residents to kill Tutsi men and children and to rape Tutsi women before killing them; [ and 5.3.7]; (c) transporting, ordering, leading, mobilizing or encouraging Interahamwe in Akarambo to attack Tutsi civilians under circumstances where the Accused knew, or should have known, that Tutsi women were, or would be, raped [H and 6.2]; (d) ordering or leading generalized attacks upon Tutsi civilians, knowing that sexual violence against Tutsi women, particularly rape, was, or would be, systematically incorporated in such generalized attacks [ ; ; ; and 6.2]; each of which acts or omissions is punishable in reference to Articles 22 and 23 of the Statute.

19 Count 9: SERIOUS VIOLATIONS OF ARTICLE 3 COMMON TO THE GENEVA CONVENTION AND OF ADDITIONAL PROTOCOL II: The Prosecutor of the International Criminal Tribunal of Rwanda charges Jean Baptiste GATETE with VIOLENCE TO LIFE, HEAL TH AND PHYSICAL OR MENTAL WELL-BEING as a SERIOUS VIOLATION OF ARTICLE 3 COMMON TO THE GENEVA CONVENTION AND OF ADDITIONAL PROTOCOL II, as stipulated in Article 4(a) of the Statute, in that on or between the dates of 6 April 1994 and 30 April 1994 in Byumba or Kibungo préfectures, Rwanda, Jean Baptiste GATETE did cause violence to the life, health and physical or mental well-being, in particular murders and killings, of civilian non-combatants during a non-international armed conflict, as follows: Pursuant to Article 6(1) of the Statute: by virtue of his affirmative acts in planning, instigating, ordering, committing, or otherwise aiding and abetting the planning, preparation or execution of the crime charged, as set forth in paragraphs 5.1; 5.2.3; 5.2.5; 5.2.6; 5.2.7; 5.2.8; 5.2.9; ; ; ; ; ; ; 5.3.1; 5.3.2; 5.3.3; 5.3.4; 5.3.5; 5.3.6; ; ; and 6.1 of this indictment; and Pursuant to Article 6(3) of the Statute: by virtue of his actual or constructive knowledge of the acts or omissions of his subordinates, including soldiers, gendarmes, communal police, Interahamwe, civilian militia or civilians acting under his authority, and his failure to take necessary and reasonable measures to stop or prevent them, or to discipline and punish them, for their acts in the planning, preparation or execution of the crime charged, as set forth in paragraphs 5.1; 5.2.3; 5.2.5; 5.2.6; 5.2.7; 5.2.8; 5.2.9; ; ; ; ; ; ; 5.3.1; 5.3.2; 5.3.3; 5.3.4; 5.3.5; 5.3.6; ; ; ; 6.1 ; 6.5 and 6.6 of this indictment. Without limiting the generality of the foregoing, these acts or omissions include, but are not limited to: (a) ordering, leading, participating in or instigating attacks upon Tutsi civilians, or upon civilians perceived to be politically opposed to the MRND or the Interim Government, throughout Murambi commune or Kibungo préfecture during April 1994, causing thousands of deaths [lf5.1; 5.2.3; 5.2.5; 5.2.6; 5.2.7; 5.2.8; 5.2.9; ; ; ; ; ; ; 5.3.1; ; ; ; ; ; ; ; and 6.1]; (b) ordering, assisting or instigating local administrative officials in Byumba or Kibungo préfectures, including bourgmestres or conseillers de secteur, to enlist civilian militia and local residents in an offensive campaign to kill Tutsi civilian non-combatants, or to kill persons perceived to be politically opposed to the MRND or the Interim Government, causing thousands of deaths ffl5.1 ; ; ; ; ; ; ; ; and 5.3.9]; (c) ordering or authorizing roadblocks along public thoroughfares in Murambi commune and Kibungo préfecture, or supervising such

20 9- roadblocks, for purposes of identifying and killing Tutsi civilian non-combatants [H5.2.6 ; and ]; (d) chasing and ordering communal police to chase and to shoot or kill KAMUZEMZI, a civilian non-combatant, near a roadside in Kibungo in early April 1994, causing his death [15.3.3]; (e) ordering civilian militia to kill the occupants of KAMUZINZI's vehicle, civilian non-combatants, on a Kibungo road in early April 1994, causing their deaths [15.3.3]; (f) acting in concert with several communal police or civilian militia to chase and shoot MULINDA, a civilian non-combatant, in early April 1994 in Kibungo, causing his death [15.3.4]; (g) ordering Interahamwe to shoot or kill BUTARE, a civilian noncombatant, in early April 1994 in Kibungo, causing his death [15-3.5]; (h) ordering or participating in attacks upon civilian Tutsi refugees at Kiziguro paroisse in early April in Byumba, causing thousands of deaths [ ]; (i) ordering or participating in attacks upon civilian Tutsi refugees at Mukarange paroisse in early April in Kibungo, causing thousands of deaths [15.3.2]; G) Addressing a public assembly in the courtyard of the bureau communal of Kayonza commune, encouraging civilian" militias or local residents to kill Tutsi men and children and to rape Tutsi women before killing them [ and 5.3.8]; and (k) ordering, encouraging or inciting communal police, Interahamwe, civilian militias and local residents in Byumba or Kibungo préfectures to rape Tutsi women [ ; ; and 6.2]; as an offensive or defensive strategy to combat the RPF, each of which acts or omissions is punishable in reference to Articles 22 and 23 of the Statute Count 10: SERIOUS VIOLATIONS OF ARTICLE 3 COMMON TO THE GENEVA CONVENTION AND OF ADDITIONAL PROTOCOL II: The Prosecutor of the International Criminal Tribunal of Rwanda charges Jean Baptiste GATETE with OUTRAGES ON PERSONSAL DIGNITY as SERIOUS VIOLATIONS OF ARTICLE 3 COMMON TO THE GENEVA CONVENTION AND OF ADDITIONAL PROTOCOL II, as stipulated in Article 4(e) of the Statute, in that on or between the dates of 6 April 1994 and 30 April 1994 in Byumba or Kibungo préfectures, Rwanda, Jean Baptiste GATETE did cause outrages upon the personal dignity, in particular rapes and indecent assaults, of civilian non-combatants during a.non-international armed conflict, as follows: Pursuant to Article 6(1) of the Statute: by virtue of his affirmative acts in planning, instigating, ordering, committing, or otherwise aiding and abetting '.' / >' i