Alfred Musema
Alfred Musema (born August 22, 1949) in the administrative district of Byumba in Rwanda. In 1968 he entered the Faculty of Agronomy at the State University of Gembloux, in Belgium, where he obtained his diploma in 1974. Following this, Musema then embarked on a career in the Ministry of Agriculture in Rwanda.[1]
In 1984, by presidential decree, he was appointed Director of the state-owned tea factory in Gisovu in the district of Kibuye. In this position, he exercised de facto authority and de jure control over his employees at the tea factory. As such, he had the legal authority to prevent the use of vehicles, uniforms or other possessions of the factory in carrying out the subsequent massacres, or to sanction anyone using them for this purpose. In addition, Musema was a member of the “Prefectural Council” of Byumba and the “Technical Committee” of Butare commune. As a member of both organisations, he was expected to deal with socio-economic questions and problems of development.[1]
On various occasions during April, May and June 1994, Musema transported armed attackers, including employees of the factory, to different locations in Gisovu and Gishyita communes and ordered them to attack Tutsis seeking refuge there. He also personally took part in such attacks and killings. Musema was also later accused and convicted various acts of rape and that he ordered and that he encouraged others to rape and kill Tutsi women.[1]
In July 1994, confronted with the approach of the FPR (Front Patriotique Rwandais,or Rwanda Patriotic Front, an opposition movement made up mostly of Tutsi refugees and led by Paul Kagame), Musema fled Rwanda. Together with his family he arrived in Switzerland at the end of 1994, and applied for asylum. Over time, he was recognized and denounced by an organization for the defense of victims of the Rwandan genocide. On February 9, 1995, the Swiss military judiciary ordered the opening of an inquiry with respect to Alfred Musema. On February 11, 1995, he was arrested in a home for asylum seekers in Lausanne.[1]
On February 9, 1995, the Attorney General of the Swiss Armed Forces ordered an inquiry with respect to Alfred Musema. On February 11, 1995, he was arrested in a home for asylum seekers in Lausanne, Switzerland. Criminal proceedings were subsequently opened by the Swiss military judiciary. This was the first instance of a country other than Rwanda applying its domestic law to a presumed perpetrator of the Rwandan genocide. On March 12, 1996, the International Criminal Tribunal for Rwanda (ICTR) asked the Swiss authorities to decline jurisdiction for war crimes in the case of Musema in its favor– a request which was acceded to by the military court of cassation on July 8, 1996. The Swiss Federal Court confirmed this decision on April 28, 1997. On May 20, 1997, Musema was transferred to the United Nations’ prison complex in Arusha, Tanzania.[1]
Trial Chamber I of the ICTR found that Musema had participated in attacks at Gitwa Hill, Rwirambo Hill, Muyira Hill and at Mumataba during late-April and mid-May and his alibi for that period was not accepted. The Chamber also found that he had raped a woman named Nyiramusugi and, by his example, encouraged others to rape her. For these acts, the Trial Chamber found Musema guilty of genocide and crimes against humanity (extermination and rape) and sentenced him to life imprisonment. These Counts relate to the Accused's role in the rape and death of Annunciata (a Tutsi woman), and the death of her son, as well as in the attack against Tutsi refugees at Gitwa Hill, at Rwiarambo Hill, at Muyira Hill and the rape of Nyiramusugi, a young Tutsi woman, during this attack, at Mumataba Hill and at Nyakavumu cave.[2]
Alfred Musema was charged with extermination as a crime against humanity for his participation in the attacks against Tutsis at Muyira Hill, at Mumataba Hill, in the Nyakavumu cave, at Gitwa Hill and in Rwirambo. The Trial Chamber of the International Criminal Tribunal for Rwanda (ICTR) was satisfied beyond a reasonable doubt that the Alfred Musema was guilty of genocide pursuant to Article 6(1) and (3) of the Statute for his role in the events described under the indictment. The Chamber found the Accused guilty of extermination as a crime against humanity, pursuant to Articles 6(1) and 6(3) of the Statute and the Trial Chamber found the Accused guilty of rape as a crime against humanity under Article 6(1) but not Article 6(3) of the Statute.[2]
After considering the aggravating and mitigating circumstances, the Trial Chamber sentenced the Alfred Musema to a single sentence of life imprisonment. In their separate dissenting opinions, Judges Aspegren and Pillay expressed doubts regarding certain factual findings of the majority. Musema appealed the decision and on November 16, 2001, the Appeals Chamber of the ICTR found Alfred Musema not guilty of rape as a crime against humanity but affirmed the verdict of culpability for genocide and extermination as crime against humanity. The Appeals Chamber confirmed the sentence of life imprisonment.[2]
On December 9, 2001, Musema was transferred to Mali to serve his sentence.[1]