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                         InternationalOriminal Tribunal for lwanl ~_ ,~, "
                         Tribunal Pénal Internationalpour le lwal~la Ç~,l~
UNITED
NATION                        Arusha           Conference
                                    International       Centre
S                                                  Tanzania
                                P.O.Box 6016,Arusha,
                                          or
                       Tel:25527 2504367-72 1 2129632850-- Fax:255 27
NATION                                       or
                               2504000/2504373 1 212 963 2848
S UNIES

            INTEROFFICE       MEMORANDUM       ~ MEMORANDUM    INTERIEUR


    To:                K.
               Constant Hometowu                                            2004
                                                              Date:01 October
    A:                   TC III
               Coordinator,
               Stephen        Rapp   ç~~~~W~
    From:
    De:             Trial
               Senior    Attorney~ ¢
               Media/ AkazuTeam

    Subject: Filing Amended
                   of               in                          v.
                           Indictment the matterof The Prosecutor Kabuga
    Objet:
                       find
               1. Kindly          the
                           attached AmendedIndictment.

                          disclose document theJudges theDefence.
                  2. Please      the      to        and

                         you     attentionthis
                  3. Thank foryour      in   matter.

                  4. Bestregards.
                  UNITED NATIONS
INTERNATIONAL     CRIMINAL  TRIBUNAL     FOR   RWANDA




                Case No. ICTR-98-44B-I




                 THE   PROSECUTOR

                       AGAINST

                 FELICIEN   KABUGA




                AMENDED   INDICTMENT




                          1/15
I°                 of
      The Prosecutor the United      International
                               Nations                  Tribunal Rwanda,
                                                 Criminal      for
             to
      pursuant theauthority        in      17            of
                           stipulatedArticle of theStatute theInternational
      Criminal        for
              Tribunal Rwanda              charges:
                               (the"Statute")

      FelicienKABUGA

      With:

      Count 1 - CONSPIRACY TO COMMIT GENOCIDE
           2          or
      Count - GENOCIDE, altematively
                          IN
      Count 3 - COMPLICITY GENOCIDE
      Count 4 - DIRECT AND PUBLIC INCITEMENT TO COMMIT GENOCIDE
      Count 5 - EXTERMINATIONas a CRIME AGAINST HUMANITY

II. THE ACCUSED

1.     FélicienKABUGAwas bom in 1935,in Munigasecteur, Mukarangecommune,
                    Rwanda was
       Byumbapréfecture, and at alltimes        to
                                         reïerred in thisindictment:

                        and        businessman;
              (a)a wealthy influential

                PresidenttheComité
              (b)      of                 of       de      Nationale,
                                  ProvisoiretheFonds Défense       orthe
                       Defence (the"FDN");
                National     Fund          and

              (c)       of         d’Initiative
                 President theComité               Television desMilles
                                            of Radio       Libre
                        SA
                 Collines ("RTLM").

2,     UnderPresident             rule,         and
                      HABYARIMANA’s political financial           in
                                                             power Rwanda  was
                  within
       consolidated a tight           the    of     was
                               circle, core which theextended            of
                                                                   family the
       PresidencFélicien  KABUGAwas a prominent      of
                                               member thisgroupby reason     of
               of                    to
       marriage two of his daughters two sonsof President             and
                                                           HABYARIMANA First
       LadyAgathe KANZIGA.         of
                            Because thisfamilytie he wielded   greatpowerand
               As       he
       infuence. such, hadde.facto         and          in         of
                                     control authority,thesense having      the
              ability prevent to punish
       material      to       or               conduct, the
                                        criminal                    of
                                                      over actions soldiers,
                 the           and
       gendarmes, Interahamwe administrative             KABUGA
                                                officiais.      alsohadcontrol
                     of
       of theemployeesthebusiness           that         such
                                  enterprises heheaded, as Kabuga     ETS.

      CHARGES and CONCISE STATEMENT OF FACTS

       At allrimes      to
                  referred in thisindictment existed Rwanda minority
                                          there     in      a          or
                                                                  ethnic
       racialgroup     as
                   known Tutsis, officially
                                          identified such thegovernment.
                                                  as     by           The
               of             was       of        or
       majority thepopulation comprisedan ethnic racial       known Hutus,
                                                          group   as
       also         identified
           officially              by
                            assuch the government.

 4°         the      of
       During course 1994,              between April
                             particularly      6      1994and 17 July1994,
               Rwanda,
       throughout    soldiers,interahamwe
                                       militia armed
                                              and              targeted
                                                       civilians       and
             Tutsis
       attacked onthe      that
                      basis they Tutsis, the
                                  were                  to   or
                                           with intent kill cause   serious
          to    as    and
       harm them such to destroy Tutsi
                                 the             in Rwanda whole in part.
                                         population       in     or
             of        ofcivilian
       Hundreds thousands            were
                                Tutsis killed.



                                     2/15
Count1:    CONSPIRACY    TO COMMIT GENOCIDE

              of
The Prosecutor the Intemational Criminal         for
                                        Tribunal Rwanda   chargesFélicien
KABUGA with CONSPIRACYTO COMMIT GENOCIDE,a crime stipulatedin Article
2(3)(b)ofthe       in    on           the     of        1994
            Statute, that or between dates 1 January and31 December
1994, Félieien     did conspire
              KABUGA           withothers,          but          to
                                          including not limited other
influential and powerfulpersons including  FerdinandNAHIMANA,Jean-Bosco
BARAYAGWIZA, Joseph NZIRORERA, Edouard KAREMERA, Mathieu NGIRUMPATSE
and Anatole          to
           NSENGIYUMVA killor cause       bodily mental
                                    serious      or                   of
                                                         harmto members
theTutsi        with intent destroy,whole inpart, facial ethnic
        population the     to        in    or        a    or          as
                                                                  group,
     as       in
such, outlinedparagraphs        15.
                        5 through

               CONCISE STATEMENT OF FACTS FOR COUNT 1

5,         1
     Between January1994and17 July1994FélicienKABUGA,withotherinfluential
     and powerful persons, including Ferdinand NAHIMANA, Jean-Bosco
     BARAYAGWIZA, Joseph NZIRORERA, Edouard KAREMERA, Mathieu
     NGIRUMPATESEand Anatole NSENGIYUMVA agreed to kill or cause serious
          or     harm         of
     bodily mental to members theTutsi           with intent destroy,
                                        population the       to       in
         or       the
     whole inpart, Tutsi ethnicgroup, described
                                    as       inparagraphs       15.
                                                        6 through

        Criminal
Individual    Responsibilitv

6.           to        6(1)               the
     Pursuant Section of theStatute, accused,        Félicien      is
                                                             KABUGA individually
                for          of
     responsible thecrime ConspiracyCommitto       Genocide       he
                                                           because committedthe
     act of agreeing  with Ferdinand   NAHIMANA, Jean-Bosco BARAYAGWIZA, Joseph
     NZIRORERA, Edouard KAREMERA, Mathieu NGIRUMPATESE and Anatole
                and       on        to         in      or
     NSENGIYUMVA others a plan destroy, whole in part, Tutsi      the     ethnic
          as         in           7 and In              ofthis he
     group describedparagraphs 11. furtherance plan committed                the
             acts
     specified that  facilitatedthe           ofthe       and
                                    destruction Tutsis, ordered overthose whom
     hehadde facto         as          in         2,
                   control, describedparagraphandinstigated over those   whom he
                 de
     didnothave facto            to       acts
                         control, commit that                the
                                                   facilitated destructionof the
           The            that
     Tutsis. particulars give     rise his
                                       to             criminal
                                             individual                  areset
                                                              responsibility
          in
     forth paragraphs 7 through15.

RTLM Broadcasts

7,   Between 8 April 1993 and July 1994, FélicienKABUGA, with Ferdinand
     NAHIMANA, Jean-Bosco BARAYAGWIZA, Joseph NZIRORERA, and others,
          to
     agreed plan,fund,launch, operate asa radio
                             and      RTLM            in       to
                                                station a manner further
          hatred
     ethnic            the     and        and
                between Hutu theTutsi to disseminate             message
                                                      an anti-Tutsi
        the    of          the
     with goal destroyingTutsi          group.
                                   ethnic

8,       8
     From April 1993      17
                    through July1994, furtherance agreement
                                     in          of the                 in
                                                                described
              7,
     paragraph Félieien      served President RTLM
                        KABUGA     as         of     and as suchhadde jure
            of
     control programming,         and       of
                         operations, finances RTLM           this
                                                   throughout period.   By
                     of        of
     his chairmanship meetings RTLM’s         d"             the
                                        Comité Initiative, management
              he
     committee,also         de
                     exercisedfacto      of
                                   control RTLM.




                                    3/15
9,         6     1994
     Between April    and17 July      in       of           described
                                1994, furtherancetheagreement       in
             7,      as
     paragraph RTLM, a major         of       to             of
                              source information the population Rwanda,
             information
     broadcast                    the      of     and
                        identifying location Tutsi urged         of
                                                          members the
          population
     Rwandan              and    all
                   tofinal kill Tutsi.

         April, June thefirst weeks July,
10. During     May,    and        few    of          in         of the
                                                1994, furtherance
    agreement        in        7,
             described paragraph RTLMbroadcastmessages            the
                                                      thatinstigated
          of       of       of
    killing hundreds thousandscivilian     throughout
                                      Tutsis       Rwanda.

            of
FDN - Funding the Interahamwe

               25
11. On or about April      in
                       1994 theMéridienhotel,Gisenyi,
                                                    Félicien     chaired
                                                            KABUGA      a
                      by
    meetingattended EdouardKAREMERA,                          and
                                          MathieuNGIRUMPATESE Anatole
    NSENGIYUMVA, amongst       who
                        others, together       to          the
                                         agreed establish FDNin order
    toraise      to
            funds provide        and        support theInterahamwe or
                          financial logistical    for            to kill
    cause serious     or      harm         of
                 bodily mental to members theTutsi            with
                                                      population thegoal
                the
    ofdestroyingTutsi        group.
                        ethnic

12. Between      25
           about April                     in           of
                       1994and 17 July1994, furtherance the agreement
            in        11,
    described paragraph Félicien KABUGA      and
                                       raised solicited     to
                                                        funds provide
            and       support arms theInterahamwe theCDRin order
    financial logistical    and     for             and           to
          kill
    attack, or cause      bodily mental to members theTutsi
                    serious     or      harm        of       population
       the      to     inwhole inpart, Tutsi
    with intent destroy,     or       the         group.
                                              ethnic

               25
13. On or about April     in         of the
                     1994, furtherance agreement         in
                                                  describedparagraph11,
    Félicien      became
             KABUGA             of
                        President the Comité        of
                                            Provisoire the FDNand became
               on     bank       held         of
    a signatoryseveral accounts in thename FDN.

             unknown
14. On diverse            in                 in          of
                     dates May andJune1994, furtherance the agreement
            in          11,
    described paragraph Féliden   KABUGA    chaired
                                        again             at
                                                   meetings theMéridien
         in       in      to
    hotel Gisenyi order collect   funds support Interahamweattack
                                        to      the          to    the
          At      one
    Tutsis. least of these          was       by
                             meetings attended a large      of
                                                      number businessmen
    from      and
        Gisenyi other major      centres.
                           trading

         the     from
15. During period 25 April         17
                             through July     in           of the
                                          2994, furtherance agreement
            in       11,
    describedparagraph theInterahamwe,           those
                                      in particular from  Gisenyi,received
          fromtheFDNthat
    support                        these          in
                         facilitated Interahamweattacking,           and
                                                               killing
           thousandscivilian
    injuring      of             in       in        in the
                           Tutsis Rwanda, particular Bisesero of  Hills
         prefecturediverse
    Kibuye        on       unknown    in
                                  dates MayandJune 1994.

Count2:    GENOCIDE

              of
The Prosecutor the International Criminal        for
                                          Tribunal Rwanda   chargesFélicien
KABUGAwithGENOCIDE,a crimestipulatedArticle
                                   in             of           in
                                            2(3)(a) theStatute, that  on
       the      of
between dates 7 April     1994and 17 July1994throughout      Félicien
                                                       Rwanda,       KABUGA
             for       or
wasresponsible killing causing  serious     or     harm         of
                                       bodily mental to members theTutsi
      or
racial ethnic      with     to
             group, intent destroy,whole inpart, racial ethnic
                                      in    or       a      or     group,as
     as       in
such, outlined paragraphs         46.
                          16through

Alternatively,


                                  4/15
Count3:    COMPLICITY IN GENOCIDE

               of
The Prosecutor the Intemational  Criminal         for
                                          Tribunal Rwanda   chargesFélicien
KABUGA                IN          a                 in
       withCOMPLICITY GENOCIDE, crimestipulated Article       2(3)(e)of
        in     on         the     of
Statute, that or between dates 7 April     1994 17 July
                                               and          throughout
                                                         1994        Rwanda,
FélicienKABUGAassistedotherswithkilling causing
                                       or       serious      or
                                                       bodily mental harmto
       of
members theTutsi        or
                  racial ethnicgroup, those
                                      when          had         to
                                              others theintent destroy,  in
     or         a      or
whole in part, racial ethnic   group, such, Félieien
                                     as     and             had
                                                       KABUGA knowledge that
otherpeople       to       in
           intendeddestroy,whole in part, Tutsi
                                  or       the          or
                                                   racial ethnic     as
                                                                group, such,
and     his         would
   that assistance contribute crime genocide,outlined paragraphs
                                 to the    of        as        in         16
through46.
             CONCISE STATEMENT OF FACTS FOR COUNTS 2 AND 3

       Criminal
lndividual   Responsibilitv

           to        6(1)              the
16. Pursuant Section of theStature, accused,      Félieien       is
                                                          KABUGA, individually
              for          of         or          in
    responsible thecrimes Genocide ComplicityGenocide                he
                                                             because planned,
    instigated,ordered,          or
                       committed otherwise   aided             in
                                                   and abetted the planning,
              or          of
    preparationexecution these     crimes.With        to               of
                                               respect thecommission those
    crimes,Félieien KABUGA ordered thoseoverwhomhe had command   responsibility
              as        of             and
    andcontrol a result hisposition authority               in          2 and
                                                   described paragraph he
               and
    instigated aidedand abettedthoseover whom he did hOt have command
                  and          In           the
    responsibility control. addition, accused                     and
                                                        willfully knowingly
               in a
    participated joint   criminal          whose
                                  enterprise object,             and
                                                         purpose, foreseeable
           was               of
    outcome thedestructiontheTutsi             or
                                         racial ethnic   groupthroughout Rwanda.
             this
    To fultïll criminal           the
                          purpose, accused   actedwith        and
                                                       leaders members theof
    Interahamwe; political leaders such as Joseph NZ1RORERA, Mathieu
    NGIRUMPATSE  and EdouardKAREMERA;milita13"officerssuch as Anatole
    NSENGIYUMVA;  prominent personssuch as Ferdinand     NAHIMANA,  Jean-Bosco
                and
    BARAYAGWIZA; other   unknown              all
                                participants, suchactions     beingtaken  either
           or
    directly through            for
                    subordinates, least period 8 April through July
                                    at     the      of        1993        17
         The          that
    1994. particularsgive     rise his
                                  to individual criminal            are set
                                                        responsibility forth
                17
    in paragraphsthrough 29.

RTLM Broadeasts

17. Between8 April 1993 and 17 July 1994 FélieienKABUGA with Ferdinand
    NAHIMANA, Jean-Bosco BARAYAGWIZA and Joseph NZIRORERA amongst
    others       the           funding           of    as
          planned establishment, andoperationRTLM a radio            to
                                                               station
              an anti-Tutsi
    disseminate                and
                         message to furtherethnic     between andTutsi
                                                 hatred     Hutu
            to
    in order cause      or
                    death serious      or
                                 bodily mental               of
                                                harmto members theTutsi
             with goal destroyingethnic
    population the     of        the          group.
                                          Tutsi

 18. Félicien       as          of
              KABUGA, President RTLMfrom8 April              17
                                                 1993through July1994,
                        of
     had de jurecontrol programming,          and        of
                                     operations, finances RTLMbetween 8
     April                                      and         of
           1993and 17 July1994.By laischairmanship meetings RTLMComité
                 the
     d’Initiative,management          he
                              committee,also       de
                                            exercised facto      of
                                                           control RTLM.
             he
     As such, planned,        instigated aided abetted broadcastsRTLM
                       ordered,       and    and       the        by
     employees     the      when                8
              during period it wasontheairfrom July       to
                                                     1993 17 July 1994.


                                    5/15
          6
19. Between April    and
                 1994 17 July 1994,RTLM, a major
                                       as             of       to the
                                                source information
             of
    population Rwanda,        information
                      broadcast                   the      of
                                        identifying location Tutsiand
        members
    urged      ofthe      populationfind kill Tutsi.
                    Rwandan       to    and    ail

                 of
20. Overthecourse April,                   few weeks July 1994RTLM
                         May,Juneandthefirst       of    of
            messages instigated killing injuring hundreds thousands
    broadcast     that        the      and      of      of       of
           Tutsis
    civilian            Rwanda.
                throughout

            of
FDN - Funding the Interahamwe

               25
21. On or about April     in
                      1994 theMéridien  hotel,
                                             Gisenyi,       KABUGA
                                                     Félicien    chaired a
                     by
    meetingattended EdouardKAREMERA,                          and
                                          MathieuNGIRUMPATESE Anatole
    NSENGIYUMVA,amongst        who
                       others, together          the            of
                                          planned establishmentthe FDN
            to
    inorder raise      to
                  funds provide financial logistical
                                       and         support the
                                                        for lnterahamwe to
        or
    kill cause  serious
                      bodily mental to members theTutsi
                            or      harm        of                 with
                                                          population the
        of         the
    goal destroyingTutsi   ethnicgroup.

             25     to
22. Fromabout April 17 July1994Félicien       was      of
                                        KABUGA President theComité
            of                   on       bank     held
    Provisoire theFDNanda signatory several accounts in thenameof
    FDN.

          about April
23. Between     25     1994and17 July1994,       KABUGA, hisposition
                                          Félicien     in          as
            of
    President theComité         of
                       ProvisoiretheFDN,      and        funds
                                         raised solicited to provide
           and         support arms the
    financial logistical     and   for lnterahamwe      to     kill
                                                  inorder attack, or
        serious
    cause           or      harm
               bodily mental to members oftheTutsipopulation.

          the
24. During period       25
                   ffom April   through July
                                      17    1994,FélicienKABUGA,      the
                                                                through
    FDN thathe headed,provided material       to
                                       support the Interahamwe  throughout
    Rwanda,particularlythosefromthe Gisyeni préfectureaidedand abettedthe
              in particular from
    Interahamwe,           those          and
                                   Gisenyi, these           attacked,
                                                  Interahamwe       killed
    and      thousands
       injured       of civilian
                               Tutsis Rwanda, particular Bisesero of
                                    in      in         inthe       Hills
    Kibuye         on
          préfecturediverse        dates MayandJune
                             unknown    in           1994.

        Support the Interahamwe
Logistical    of

          April July1994,
25. Between     and               KABUGA
                           Félicien           vehicles be usedby the
                                       provided      to
               These     were    to        arms
    Interahamwe. vehicles used transport andInterahamwe    militiato
           and        and      sites Gisenyi by providing vehicles
    meetings to massacre killing    in      and         these
         aided abetted killing.
    KABUGA     and     the

26. DuringApriland May 1994in the cityof GisenyiFélicienKABUGAaidedand
          the          by         them
    abetted Interahamweproviding with            that
                                          vehicles were     to
                                                         used transport
         to      called "Commune
    Tutsis a place      the       Rouge"
                                       where   were
                                            they    killed.

27. On diverseunknown             1
                      datesbetween January1994and 17 July1994Félicien
    KABUGAordered         of         business
                 employees a warehouse                    in
                                             thathe headed Gisyenito
            uniforms be worn theInterahamwe, increasing solidarity
    distribute      to      by           thus         their       and
         and       their       inthe     of
    aiding abetting involvement killing Tutsis.



                                   6/15
          1       1994and 17 July1994Félicien
28. Between January                               aided
                                             KABUGA              the
                                                       and abetted
         of           by placing business hishome Kigali-ville
    arming theInterahamwe       his       and       in         at the
          ofthe       for        in      of
    disposal Interahamwetraining theuse arms.

Armingthe Interahamwe

29. FélicienKABUGA ordered             of
                          the employees his companyKabuga ETS to importa
    record       of
          number machetes              in
                           intoRwanda 1993.In April1994he ordered    and
             members theInterahamwe whom hadeffective
    instigated      of             over    he                to
                                                       control transport
            and
    machetes other         to        and           the          and
                     weapons Gisenyi to distribute machetes other
           to              in         The         used         in
    weapons the Interahamwe Gisenyi. [nterahamwe machetes Gisenyi
          7       and
    between April 17 July                    the   Tutsi
                           1994to exterminate ethnic               and
                                                         population by
            and           the             and          of
    ordering instigating importation distribution machetes the    to
    Interahamwe KABUGAaided and abettedthe killingcarriedout by these
    Interahamwe.

      Criminal
Command      Responsibility

           to         6(3)               the
30. Pursuant Section of theStature, accused,         Félieien        is
                                                              KABUGA, responsible
                  of         or           in
    forthecrimes Genocide ComplicityGenocide          because specificcriminal acts
    were          by             of the        and
        committed subordinates accused theaccused or hadreason knew              to
                                 were
    knowthatsuchsubordinates aboutto commit            suchactsbefore     theywere
            or
    committedthat   suchsubordinatescommitted acts theaccused
                                     had          such      and            failed to
                      and
    takethenecessary reasonable               to
                                     measures prevent    such actsor to punish  the
    perpetrators thereof. These  subordinates included          and
                                                       leaders members the   of
    Interahamwe,            of                   of
                 employees RTLM,employees the business             enterprise  that
    KABUGA       and
          headed other     unknown  participants.In addition, these subordinates  of
    the      participated
       accused           and contributedsignificantly
                                                    ina joint criminalenterprisewith
    leaders              of
            and members the Interahamwe;       politicai   leaderssuch as Joseph
    NZIRORERA,  Mathieu NGIRUMPATSE     and Edouard KAREMERAand ail of their
    subordinates;  military officers  suchas Anatole                and
                                                       NSENGIYUMVA ail of his
    subordinates;  prominent persons   suchas Ferdinand   NAHIMANA  and Jean-Bosco
               and
    BARAYAGWIZA ailof their                   and
                                subordinates; other     unknown participants, whose
    object,         or
           purpose, foreseeable           was                of
                                   outcome thecommission genocide        against the
    Tutsi       or
         racial ethnic   group throughout        for         the
                                         Rwanda, at least period 8 Aprilfrom
                  17
    1993 through July1994.The accused         knew or had reasonto know of the
                ofhis
    participation subordinates objand the ect,           or            outcome
                                                 purpose, foreseeable ofthe
    jointcriminal          and
                 enterprise theaccused           to     the           and
                                          failed take necessary reasonable
           to        his             from
    measures prevent subordinates participating joint in the      criminal enterprise
               his
    or topunish subordinates  for theirparticipation joint
                                                   inthe      criminalenterprise.The
              ofthe             of the
    particulars participation accused his                       in this
                                             and subordinates joint          criminal
             are forth paragraphs
    enterpriseset        in           31through46.

RTLM Broadcasts

31. Félicien       as        of
            KABUGA, President RTLMfrom8 April            17
                                               1993through July1994,
                    of          operations, finances RTLM
    hadde jurecontrol programming,       and         of         April
                                                          between
    1993and17 July1994                of                of     By
                      andwasthesuperior ailof theemployees RTLM. his
               and       of
    chairmanship meetings RTLMComité             the        committee,
                                     d’Initiative, management



                                      7/15
          exercisedfacto
     healso      de     control RTLM as such, effective
                              of   and      had           over
                                                     control the
            of   in
     employeesRTLM the     of
                      sense having power prevent punish
                                  the    to     or        acts.
                                                      their

           8
32. Between April                    employees
                  1993and 17 July1994,              who            to
                                              ofRTLM weresubordinate
    FélidenKABUGA,operatedRTLMas a radio       to          an
                                         station disseminate anti-Tutsi
          and
    message to furtherethnichatredbetween andTutsi order cause
                                        Hum        in    to        or
                                                               death
          bodily mental
    serious      or           to       of
                         harm members the Tutsi          with
                                                 population thegoalof
             the
    destroyingTutsi      group.
                    ethnic

33. On or about26 November  1993and 10 February  1994,Félicien KABUGAheadeda
               from
    delegation RTLMin a meeting      withRwandan         of
                                                 Minister Information Faustin
    RUCOGOZA  where Minister  RUCOGOZA  complained that RTLM was broadcasting
            that            the
    messages assimilated civilian      Tutsi          with
                                             population theRPFandthat   these
    messages wereincreasing       hatred. newsreport the 10 February
                             ethnic        A            of              1994
    meeting                on
            was broadcast Television      Rwandain whichKABUGAdefended  RTLM
              and       his         of            of
    broadcasts showed knowledge thecontents thebroadcasts showed and     his
    unwillingness         dissemination
                 to prevent                   of
                                       by RTLM anti-Tutsi messages.

           6
34. Between April1994and 17 July1994,        ofRTLM, weresubordinates
                                     employees      who
              KABUGA,
    of Félicien                        of           to
                     werea majorsource information the populationof
          and
    Rwanda broadcast          identifying location Tutsi urged
                    information        the       of     and  members
    ofthe      population
         Rwandan             and   all
                      tofind kill Tutsi.

35. Over course April, June thefirst weeks July 1994
        the      of       May,  and        few    of    of     employees
    of RTLM,                      of        KABUGA,
            who werethe subordinates Félieien     broadcastmessagesthat
             the         and      of        of        of
    instigated killing injuring hundreds thousands civilian      Tutsis
             Rwanda.
    throughout

            of
FDN - Funding the Interahamwe

               25
36. On or about April     in
                      1994 theMéridien  hotel,Gisenyi,      KABUGA
                                                      Félieien          a
                                                                  chaired
                     by
    meetingattended EdouardKAREMERA,                           and
                                           MathieuNGIRUMPATESE Anatole
    NSENGIYUMVA, amongstothers, who together         to
                                             planned use theirleadership
            tofacilitateraising funds the toprovide
    positions          the      of     by    FDN               and
                                                        financiallogistical
           for
    support theInterahamwe        or
                           to kill cause  serious     or     harm
                                                 bodily mental to members
    ofthe Tutsi        with goal destroyingTutsi
               population the     of         the          group.
                                                     ethnic

            25      to
37. Fromabout April 17 July1994Félicien      was       of
                                        KABUGA President theComité
            of                   on       bank     held
    Provisoire theFDNanda signatory several accounts in thenameof
    FDN.

38. Between    25
           about April 1994and 17 July1994,           of       KABUGA
                                            subordinatesFélicien      in
       FDN     and        funds
    the raised solicited toprovide              and        support arms
                                        financial logistical     and
                   in order attack, or cause
    fortheInterahamwe     to        kill             bodily mental to
                                               serious    or      harm
          of
    members theTutsi        with
                    population thegoal destroying Tutsi
                                         of         the         group
                                                           ethnic    and
    Hutu       of
        opponentsethnicdivision.

         the
39. During period from25 April      17
                              through July1994,          of
                                               subordinates Félicien
         in               material
    KABUGA the FDN provided            to              in
                                 support the Interahamwe, particular
        in
    those Gisenyi         These          in        those
                 préfecture. Interahamwe,particular fromGisenyi,


                                   8/15
           killed injured
    attacked, and              ofcivilian
                       thousands             in     in        in the
                                        Tutsis Rwanda, particular
          Hills      préfecture
    Bisesero of Kibuye                dates Mayand
                             in diverse   in         1994.
                                                  June

        Support theInterahamwe
Logistical    of

          April July1994,
40. Between    and                  under
                           Interahamwe theeffective       of
                                                   control Félicien
    KABUGAusedvehicles        by                amas and Interahamwe
                      provided KABUGAto transport
         to       and        and     sites
    militia meetings tomassacre killing inGisenyi.

41. During      and                        Interahamwe theeffective
           April May1994in thecityof Gisenyi         under
            of
    control Félieien      usedvehicles
                     KABUGA                  by      to      Tutsis
                                     provided KABUGA transport
    to a place     the      Rouge"
              called "Commune    where   were
                                      they   killed.

           1
42. Between January                           of          business
                   1994and 17 July1994employees a warehouse      under
              of
    the control Félieien      in
                        KABUGA Gisyeni,          uniforms be womby the
                                        distributed     to
              thus        their         and     and      their
    Interahamwe, increasing solidarity aiding abetting killing      of
    Tutsis.

          1
43. Between January                               of
                    1994and 17 July1994subordinates FélieienKABUGAmade
           business
    KABUGA’s               and
                   premises homein Kigali-ville        to
                                               available theInterahamwe
    for      in       of
       trainingtheuse arms, by sodoing
                             and             and     the         ofthe
                                         aided abetted involvement
            in the      of
    Interahamwe killing Tutsis.

           7                               KABUGA
44. Between April1994and 17 July1994Félieien     had direct      of
                                                           control
             who       him
    lnterahamwe provided with        protection access information
                              personal       and      to         of
    the        of the        inthe     of
       involvement Interahamwe killing Tutsis.

               with    administrative in Gisenyi an unknown in early
45. At a meeting a local          official       on         date
    June 1994,      KABUGA
              Félieieu   justified mass
                                 the          of    civilians showed
                                        killing Tutsi         and
            of
    knowledgethis      by             andhis          to prevent punish
                  killing hissubordinates unwillingness        or
    thiskilling.

Armingthe Interahamwe

               3
46. On or about April1994theInterahamweGisenyi
                                      in           the     control
                                              under effective     of
    Félieieu KABUGAreceived               purchased provided KABUGA
                           armsand machetes        and     by
    fromhis company Kabuga                 used        in
                          ETS.The lnterahamwe machetes Gisenyibetween
           and
    7 April 17 July     to         the
                    1994 exterminateethnic     population.
                                           Tutsi

Count
    4:     DIRECT AND PUBLIC INCITEMENT TO COMMIT GENOCIDE

             of
TheProsecutor theInternationalCriminal        for
                                      Tribunal Rwandacharges       KABUGA
                                                            Félieien
with DIRECT AND PUBLIC INCITEMENT TO COMMIT GENOCIDE, a crime
         inArticle
stipulated             ofthe
                2(3)(c) Statute, that orbetween dates 7 April
                                   in    on       the     of      1994
17 July1994        Rwanda,
           throughout      Félieien
                                  KABUGA responsible thedirect public
                                        was         for         and
         of      to     or
incitementpersons kill cause    serious
                                      bodily mental to members theTutsi
                                            or    harm         of
        with intent destroy,whole inpart, Tutsi
population the      to       in     or       the        group, set
                                                   ethnic    as   forthin
         47
paragraphsthrough61.

              CONCISE STATEMENT OF FACTS FOR COUNT 4


                                 9/15
       Criminal
Individual   Responsibility

            to       6(1)               the
47. Pursuant Section of theStatute, accused,        Félicien        is
                                                            KABUGA, individually
               for         of       and
    responsible thecrime Direct Public                   to
                                              IncitementCommit    Genocide because
    he planned,instigated,ordered,          or
                                   committed otherwise    aided            in
                                                                and abetted the
    planning,          or           of
             preparationexecution this     crime.With          to
                                                       respect thecommission   of
    those crimes,FélicienKABUGA orderedthose over whom he had command
                  and        as         of
    responsibilitycontrol a result hisposition authorityand           describedin
    paragraph                  and      and
             2 andhe instigated aided abetted       those over     he
                                                              whom didnothave
    command             andcontrol. addition, accused
           responsibility            In         the                  and
                                                            willfully knowingly
                in
    participateda joint   criminal          whose
                                  enterprise object,               and
                                                           purpose, foreseeable
           was           and
    outcome thedirect public                  to
                                    incitement commit   genocide         the
                                                                 against Tutsi
          or
    racial ethnic      throughout
                   group         Rwanda. fulfill criminal
                                        To        this                  the
                                                                purpose, accused
    actedwith        and        of
              leaders members theInterahamwe;      political        such
                                                             leaders as Joseph
    NZIRORERA;  prominent personssuch as Ferdinand      NAHIMANA  and Jean-Bosco
                and
    BARAYAGWIZA; other   unknown               all
                                 participants, suchactions      being taken either
           or
    directly through             for
                     subordinates, least period 8 April through July
                                     at     the       of        1993       17
         The          that
    1994. particularsgive     fise his
                                  to individual  criminal              areset
                                                          responsibility forth
                48
    in paragraphsthrough 54.

RTLM Broadcasts

48. Between8 April 1993 and 17 July 1994 FélieienKABUGA with Ferdinand
    NAHIMANA, Jean-Bosco BARAYAGWIZA and Joseph NZIRORERA amongst
    others      the            funding           of    as
          planned establishment, andoperation RTLM a radio           to
                                                               station
              an anti-Tutsi
    disseminate                and
                         message to furtherethnic     between andTutsi
                                                 hatred     Hutu
            to
    in order cause      or
                    death serious      or
                                 bodily mental               of
                                                harmto members theTutsi
             with goal destroyingethnic
    population the     of        the          group.
                                          Tutsi

49. Félicien        as         of
             KABUGA, President RTLMfrom8 April               17
                                                 1993through July1994,
                       of
    hadde jurecontrol programming,            and        of
                                   operations, finances RTLMbetween   8
    April                                       and         of
          1993and 17 July1994.By his chairmanship meetings RTLMComité
                the
    d’Initiative,management           he
                            committee,also          de
                                           exercised facto       of
                                                           control RTLM.
            he
    As such, planned,       instigated aided abetted broadcastsRTLM
                      ordered,        and    and       the        by
    employees     the     when                  8
             during period it wasontheairfrom July        to
                                                      1993 17July 1994.

          6
50. Between April    and
                 1994 17 July 1994,
                                  RTLM, a major
                                       as             of       to
                                                source informationthe
             of
    population Rwanda,        information
                      broadcast                   the      of
                                        identifying location Tutsiand
        members
    urged      ofthe      populationfind kill Tutsi.
                    Rwandan       to    and    all

                 of
51. Overthecourse April, May,June           few    of   of
                                 and thefirst weeks July 1994RTLM
            messages instigated killing injuring hundreds thousands
    broadcast     that        the       and     of     of        of
           Tutsis
    civilian            Rwanda.
                throughout

     Meetings
Public

                 datein May 1994Félicien
 52. On an unknown                          helda meeting the Méridien
                                       KABUGA            at
          in      where
     hotel Gisenyi hepublicly         all     to         the
                               instigatedpresent exterminateTutsi.



                                     10/15
                datein May 1994Félicien
53. On an unknown                          helda meeting the prefecture
                                      KABUGA           at
        in      where          those    to      the     of
    hall Gisenyi heinstigated present continue killing the    Tutsi.

                datein May 1994Félicien
54. On an unknown                      KABUGA                at
                                             spokeat a meeting Gisenyi
            He
    Stadium. publicly        the        and         all      to
                     addressed audience instigated present kill   the
    enemywherever      It
                 round. was commonly      in       at
                                     known Rwanda thistimethat"the
    enemy"      to          ofthe
          referred allmembers        population.
                                 Tutsi

      Criminal
Command      Responsibili~

            to         6(3)                the
55. Pursuant Section of theStatute, accused,           Félicien        is
                                                               KABUGA, responsible
                  of        and
    forthecrime Direct Public                     to
                                       Incitement Commit   Genocide because specific
            acts
    criminal were                by             of the       and
                       committed subordinates accused theaccused or          knew
              to
    hadreason know     thatsuch subordinates about commit acts
                                             were      to       such      belotethey
    were           or
        committed thatsuch                    had          such
                                 subordinates committed actsand theaccused
          to      the          and
    failed take necessary reasonable                  to       such      or
                                              measures prevent acts to punish
    theperpetrators thereof. These subordinates included         of
                                                        employees RTLM,   leadersand
            of
    members the Interahamwe otherand       unknown               In
                                                   participants. addition,     these
               ofthe
    subordinates accused     participatedand           significantly
                                             contributed           ina joint criminal
              with          and         of
    enterprise leaders members the lnterahamwe;            political         such
                                                                     leaders as
    Joseph           and
          NZIRORERA ailof hissubordinates;        prominentpersons      as
                                                                   such Ferdinand
    NAHIMANA and Jean-Bosco     BARAYAGWIZA   and ail of theirsubordinates;     and
    otherunknown                whose
                  participants, object,                or
                                              purpose, foreseeable           was
                                                                     outcome the
          and
    direct public   incitementto commit genocide against Tutsi
                                                       the             or
                                                                facial ethnic  group
       the         of
    and killing Hutu                of
                          opponentsethnic    division         Rwanda, at least
                                                     throughout       for        the
    period      7
          from April                  17
                        1994through July      1994.The accused      or
                                                               knew had reason    to
        of                   of his
    know theparticipation subordinatestheobject,and                    or
                                                              purpose, foreseeable
           ofthe
    outcome joint      criminalenterprise the
                                         and accused         to      the
                                                       failed take necessary     and
             measures prevent subordinates participating joint
    reasonable         to        his             from            in the     criminal
             or to        his
    enterprise punish subordinatestheir   for                   in the
                                                    participation joint     criminal
               The            of the              ofthe       and
    enterprise.particulars participation accused hissubordinates                  in
    thisjointcriminal enterprise forth paragraphs
                               are set      in          56through61.

56. Félicien       as           of                           17
            KABUGA, President RTLMfrom8 April1993through July1994,
    hadde jure       of
              control programming,           and       of
                                    operations, finances RTLM       April
                                                              between
        and
    1993 17 July  1994                    of                of     By
                       andwasthesuperior ailof theemployees RTLM. his
               and         of
    chairmanship meetings RTLM     Comité          the          committee,
                                         d’Initiative, management
    healso        de
          exercisedfacto  control RTLM as such, effective
                                 of     and      had              over
                                                            control the
            of    in
    employeesRTLM thesense    ofhaving power prevent punish
                                      the    to      or      theiracts.

          8
57. Between April1993and17 July1994,       of
                                    employees RTLMwho were         to
                                                          subordinate
           KABUGA,
    Félicien             RTLMas a radio
                  operated                   to            an
                                       station disseminate anti-Tutsi
          and        ethnic
    message to further     hatred
                                between andTutsi order cause
                                      Hutu       in     to         or
                                                               death
          bodily mental
    serious     or                   of
                        harmto members theTutsi          with
                                               population the goal of
            the
    destroyingTutsi     group.
                   ethnic

                         1993and 10 February
58. On or about26 November                 1994,Félieien  KABUGAheadeda
              from
    delegation RTLMin a meeting withRwandan         of
                                            Minister Information Faustin
    RUCOGOZA where MinisterRUCOGOZAcomplained that RTLM was broadcasting
            that         the
    messages assimilated civilian  Tutsi         with
                                        population theRPFandthat   these


                                      11/15
            wereincreasing
     messages                   hatred. newsreport the 10 February
                           ethnic        A           of             1994
                          on
     meetingwas broadcast Television    Rwandain whichKABUGAdefendedRTLM
             and       his        of           of            and
     broadcasts showed knowledge thecontents thebroadcasts showed    his
                to prevent
     unwillingness                   by RTLM anti-Tutsi
                         dissemination      of        messages.

           6
59. Between April                  employees RTLM,
                 1994and17 July1994,       of      whoweresubordinates
              KABUGA,
    of Félieien                       of           to
                     werea majorsource information the population of
          and
    Rwanda broadcast         identifying location Tutsi urged
                    information       the      of      and    members
    ofthe      population
         Rwandan            and   ail
                      to find kill Tutsi.

        the      of      May,
60. Over course April, June thefirst weeks July 1994
                                and        few    of    of    employees
    of RTLM,                      of        KABUGA,
            who werethe subordinates Félieien             messages
                                                  broadcast       that
              the       and       of        of        of
    instigated killing injuring hundreds thousands civilian     Tutsis
    throughoutRwanda.

               with
61. At a meeting a local           official       on        date
                         administrative in Gisenyi an unknown in early
    June 1994,       KABUGA
              Félieien     justified mass
                                  the          of    civilians showed
                                         killing Tutsi        and
            ofthis
    knowledge           by
                  killing hissubordinates
                                      and   unwillingness
                                         lais                  or
                                                       toprevent punish
    thiskilling.

Count5:     PERSECUTION a CRIME AGAINST HUMANITY

             of
The Prosecutor the International  Criminal        for
                                          Tribunal Rwanda   charges Félicien
KABUGA with PERSECUTION as a CRIME AGAINST HUMANITY, a crime
         in       3(h)              in    on          1
stipulatedArticle of theStatute, that andbetweenJanuary 17Julyand       1994
         Rwanda,
throughout      FélieienKABUGA, responsible acts omissions
                               was           for    or                    a
                                                                constituting
        of    or            human
violationbasic fundamental rights,     against Tutsi
                                              the              and
                                                     population against Hutu
        of
opponents ethnic          on
                 division, racial political
                                   and               as     of
                                               grounds part a widespread or
         attack     that
systematic against civilian     population
                                         on facial,
                                                  ethnic political
                                                        and              as
                                                                   grounds,
       in         62 through
outlined paragraphs        78.

                CONCISE STATEMENT OF FACTS FOR COUNT 5

        Criminal
Individual    Responsibility

           to         6(1)
62. Pursuant Section ofthe              the
                                Statute, accused, Félieien        is
                                                          KABUGA, individually
               for           of            as
    responsible thecrime Persecution a Crime         AgainstHumanity because he
           instigated,
    planned,          ordered,         or        aided abetted theplanning,
                              committedotherwise and             in
              or executionthis
    preparation           of     crime. respect the
                                       With      to    commissionof those crimes,
    Félieien KABUGAordered   thoseoverwhomhe had command    responsibility  and
          as           of             and
    control a result hisposition authority                 in           2
                                                  described paragraphandhe
               and
    instigated aidedand abettedthoseoverwhom he did not have command
                   and          In          the
    responsibility control. addition, accused                     and
                                                        willfully knowingly
               in a
    participated joint    criminal          whose
                                   enterprise object,            and
                                                         purpose, foreseeable
          was                 on        or
    outcome thepersecution facial political               of            and
                                                   grounds theTutsis Hutu
            of
    opponentsethnic          by          them          to
                     division subjecting to killing, other            acts
                                                              violent andto
                  and
    discriminationhatred    throughout      as     of             and
                                       Rwanda part a widespread systematic
         against civilian
    attack      that        populationonracial,
                                              ethnic political
                                                    and                To
                                                               grounds.fulfill
       criminal
    this                the
                purpose, accused    acted   leaders members thelnterahamwe;
                                         with      and        of
    politicalleaders suchas Joseph  NZIRORERA;prominentpersons suchas Ferdinand


                                    12/15
      NAHIMANA and Jean-Bosco            and
                             BARAYAGWIZA; otherunknown                all
                                                          participants,
      such      being
          actions taken  eitherdirectly through
                                      or                 forat   the
                                              subordinates, least period
      of8 April1993      17
                   through July 1994. particulars give
                                    The          that        to
                                                         rise hisindividual
             responsibility forth paragraphs
      criminal          areset     in        63through70.

RTLM Broadcasts

63. Between8 April 1993 and 17 July 1994 FélicienKABUGA with Ferdinand
    NAHIMANA, Jean-Bosco BARAYAGWlZA and Joseph NZIRORERA amongst
         planned establishment, andoperationRTLM a radio
    others      the           funding           of    as            to
                                                              station
             an anti-Tutsi
    disseminate               and
                        message to further     hatred
                                          ethnic           Hutu
                                                     between andTutsi,
    and    killing, acts violence,
       cause       other of         discrimination
                                                and     of
                                                   hatred the    ethnic
                                                             Tutsi
        and
    group Hutu         of
                opponentsethnicdivision.

64. Félicien        as         of                            17
             KABUGA, President RTLMfrom8 April1993through July1994,
                       of
    had de jurecontrol programming,           and         of
                                    operations, finances RTLMbetween  8
                                                and         of
    April1993and 17 July1994.By his chairmanship meetings RTLMComité
                the
    d’Initiative,management          he
                             committee,also         de
                                           exercised facto       of
                                                           control RTLM.
            he
    As such, planned,        instigated aided abetted broadcastsRTLM
                      ordered,       and     and       the        by
    employees     the      when
             during period itwason the from July
                                         air    8         to
                                                      1993 17July 1994.

          the
65. During period      30       1993       17
                   from September through July1994,   RTLMconsistently
            messages instigated
    broadcast      that              other    of      and
                             killings, acts violence discrimination
    andhatred     Tutsis Hutu
             against    and         of
                            opponentsethnic division.

           6
66. Between April    and
                 1994 17 July1994,RTLM, a major
                                       as            of       to the
                                               source information
             of
    population Rwanda,        information
                      broadcast                  the      of
                                       identifying location Tutsiand
    urged      of
         members theRwandan
                          population
                                  tofind kill Tutsi tofind kill
                                        and   all     and    and
       opponentsethnic
    Hutu        of     division.

                 of
67. Overthecourse April, May,June           few     of
                                 and thefirst weeks Julyof 1994RTLM
            messages instigated killing injuring hundreds thousands
    broadcast     that        the      and       of      of      of
           Tutsis Hutu
    civilian    and           of
                       opponentsethnic       throughout
                                      division       Rwanda,

     Meetings
Public

68.               datein May 1994Félicien
      On an unknown                     KABUGA            at
                                              helda meeting the Méridien
          in      where
      hotel Gisenyi hepublicly         ail      to        the
                                instigatedpresent exterminateTutsi.

                datein May 1994Félicien
69. On an unknown                          helda meeting theprefecture
                                      KABUGA           at
        in      where          those    to      the     of
    hall Gisenyi heinstigated present continue killing the   Tutsi.

                datein May 1994Félicien
70. On an unknown                      KABUGA                at
                                             spokeat a meeting Gisenyi
            He
    Stadium. publicly        the        and         all      to
                     addressed audience instigated present kill   the
    enemywherever       It
                  found. was commonly     in       at
                                     known Rwanda thistimethat"the
    enemy"      to          of
          referred ailmembers the    population.
                                 Tutsi

      Criminal
Command      Responsibili~




                                  13/15
            to         6(3)                the
71. Pursuant Section of theStatute, accused,          Félicien        is
                                                               KABUGA, responsible
                  of            as
    forthecrime Persecutiona Crime         Against Humanitybecause specificcriminal
                         by              of             and
    actswerecommitted subordinates the accused the accused              knewor had
          to
    reason know    that suchsubordinates about commit acts
                                        were      to       such            they
                                                                    before were
             or
    committedthat     suchsubordinatescommitted acts theaccused
                                      had          such     and            failedto
                        and
    takethenecessary reasonable                to
                                      measures prevent   suchactsor to punish   the
    perpetrators thereof. Thesesubordinates included         of      and
                                                    employees RTLM leaders      and
            of                  and
    members the Interahamwe otherunl~own                         In
                                                   participants. addition,    these
                ofthe
    subordinates accused     participatedand          significantly
                                            contributed            ina jointcriminal
               with         and         of
    enterprise leaders members theInterahamwe;             political        such
                                                                     leaders as
    Joseph            and
           NZIRORERA ailof hissubordinates;       prominentpersons      as
                                                                   such Ferdinand
    NAHIMANA  and Jean-Bosco   BARAYAGWIZA   and ail of theirsubordinates;      and
    other unknown               whose
                   participants, object,              or
                                              purpose, foreseeable          was
                                                                     outcome the
               of the
    persecution Tutsis Hutu  and               of
                                     opponentsethnic            by           them
                                                        division subjecting to
            to
    killing, other          acts to
                     violent and discrimination     andhatred          Rwanda
                                                             throughout as part
                    and         attack
    ofa widespread systematic against civilianthat        populationon racial,ethnic
    andpolitical          for         the
                  grounds, at least period 8 April
                                                from        1993       17
                                                                through July   1994.
                knew              to      of
    Theaccused or hadreason know theparticipation subordinatesof his             and
    theobject,           or
                purpose, foreseeable          of
                                       outcome thejoint   criminal           and
                                                                   enterprise the
     accused         to                     and
             failed takethe necessary reasonable                     to
                                                           measures prevent     his
                  from
     subordinates participating     in thejoint   criminal          or
                                                          enterpnse to punish    his
                fortheir
     subordinates                     inthe
                          participation joint            enterprise.particulars
                                                  criminal          The           of
     the             ofthe
        participation accused his                   inthis
                                 and subordinates joint                enterprise
                                                                criminal         are
     set     in
        forth paragraphs           78.
                           72through

72. Félicien        as          of
            KABUGA, President RTLMfrom8 April                17
                                                  1993through July1994,
    hadde jure        of
              control programming,           and        of
                                    operations, finances RTLM       April
                                                              between
    1993 and17 July1994                   of                of     By
                        andwasthesuperior ailof theemployees RTLM. his
                and         of
    chairmanship meetings RTLMComité                the         committee,
                                         d’Initiative, management
    he also        de
           exercisedfacto  control RTLM as such, effective
                                  of    and      had              over
                                                            control the
            of     in
    employeesRTLM thesense     ofhaving power prevent punish
                                      the    to       or     theiracts.

          8
73. Between April1993and17 July1994,        ofRTLM weresubordinate
                                    employees      who            to
           KABUGA,
    Félicien             RTLMas a radio
                  operated                    to           an
                                       station disseminate anti-Tutsi
          and        ethnic
    message to further     hatred
                                between andTutsi order cause
                                      Hutu        in     to       or
                                                              death
          bodily mental
    serious     or                   of
                        harmto members theTutsi          with
                                                population thegoalof
            the
    destroying Tutsi     group Humopponentsethnic
                    ethnic    and          of       division.

          the
 74. During period                 to
                    from30 September 17 July1994,        ofRTLM were
                                                 employees     who
               of Félieien
     subordinates             broadcast
                         KABUGA              that
                                      messages instigated         other
                                                          killings,
        of
     acts violence,           andhatred
                   discrimination           Tutsis Humopponentsethnic
                                      against     and          of
     division.

 75. On or about26 November                   1994,Félicien
                            1993and 10 February             KABUGAheadeda
                from
     delegation RTLMin a meeting              Minister Information
                                    withRwandan       of           Faustin
     RUCOGOZA  where Minister RUCOGOZAcomplainedthat RTLM was broadcasting
             that          the
     messages assimilated civilian    Tutsi        with
                                           population theRPFandthat  these
     messages wereincreasingethnic       A           of
                                  hatred. newsreport the 10 February 1994
                           on
     meetingwas broadcast Television    Rwandain whichKABUGAdefended RTLM



                                       14/15
            and     his        of          of           and    his
    broadcasts showed knowledge thecontents thebroadcasts showed
              to prevent
    unwillingness                 by RTLM anti-Tutsi
                       dissemination    of        messages.

           6
76. Between April                    employees RTLM,
                  1994and 17 July1994,       of     who weresubordinates
    of FélieienKABUGA,                  of           to
                      werea majorsource information the population  of
          and
    Rwanda broadcast           identifying location Tutsi urged
                     information        the      of      and    members
    of theRwandan          to                    and
                 population findandkillall Tutsis to findandkillHutu
            of
    opponentsethnicdivision.

        the      of      May,
77. Over course April, June thefirst weeks July 1994
                                 and        few    of    of    employees
    of RTLM,                       of
            who werethe subordinates Félieien      broadcast
                                             KABUGA,               that
                                                            messages
             the      and       of       of       of
    instigated killing injuring hundreds thousandscivilian      and
                                                           Tutsis Hutu
            of
    opponents ethnicdivision         Rwanda.
                            throughout

               with    administrative in Gisenyi an unknown in early
78. At a meeting a local           official      on        date
    June 1994,      KABUGA
              Félieien   justified mass
                                 the          of    civilians showed
                                        killing Tutsi        and
            of
    knowledgethis      by
                  killing hissubordinates unwillingness
                                      andhis          toprevent punish
                                                              or
    thiskilling.

     at      this1st day of OCTOBER
Signed ARUSHA,                    2004.




HASSAN BUBACAR JALLOW
PROSECUTOR




                                15/15
                                              TRANSMISSION SHEET
                                       FOR FILING OF DOCUMENTS WITH CMS
                                                  ,:ç
                                               ..... ~~,~~iii                    ~,.~,~:~-
                                                   COURT MANAGEMENT       SECTION
                                                         27    Directive theRegistry)
                                                     (Art. ofthe      for



I - GENERAL INFORMATION (To be completed by the Chambers / Filing Party)
             [] Trial      I
                     Chamber  []Trial      II
                                     Chamber    []TrialChamber
                                                             III  [] AppealsChamber/Arusha
To:              N¯M¯Diallo      R. N. Kouambo     C. K. Hometowu    F¯A.Talon

              [] Chief,CMS        [] Deputy      CMS
                                            Chief,        [] Chief, JPU,CMS            Chamber TheHague
                                                                              [] Appeals     /
                     Fomété
                 J.-P¯                M¯ Diop                 K.K. A.Afande      R.Burriss

 From:        [] Chamber          [] Defence                                [] Other:
                                                          []Prosecutor’sf(~ffice
                                                                i
                     (names)            (narnes)                                            (names)
 Case Name:                vs.
              The Prosecutor Kabuga                         OE~ase     Number:       ICTR-98-44B-I

Dates:                   01.10.2004
              Transmitted:                                               date:
                                                                Document’s
No. of Pages:    / :~""         OriginalLanguage:          [] English      [] French         [] Kinyarwanda
TiUeof         Filingof AmendedIndictment
Document:

              Level:
 Classification                   TRIM DocumentType:
 []Strictly          / Under
           Confidential    Seal                                                       from
                                  [] Indictment[] Warrant [] Correspondence[] Submission non-parties
 [] Confidential                                          []      of                  from
                                  [] Decision []Affidavit Notice Appeal [] Submission parties
 [] Public                        [] Disclosure[] Order   [] AppealBook    []Accusedparticulars
                                  [] Judgement [] Motion []Book Authorities
                                                                of
Il - TRANSLATION STATUS ON THE FILING DATE (To be completed by the Chambers / Filing Party)
                      action
 OMS SHALLtakenecessary             translation¯
                            regarding
        Party
[] Filing        submits
            hereby                    and           any       version.
                       onlytheoriginal, willnotsubmit translated
          material provided annex facilitate
 []Reference    is       in     to        translation¯
TargetLanguage(s):
[] English                         [] French                            [] Kinyarwanda

                                   translation.
CMS SHALLNOT takeany actionregarding


I       Party
[] Filing
Original
              hereby

              I in
Translation I in
                   submitsBOTHtheoriginal thetranslated
                       []English
                       []English
                                        and           version filing, follows:
                                                [] French
                                                [] French
                                                            for     as
                                                                         [] Kinyarwanda
                                                                         [] Kinyarwanda

                                    translation.
 CMS SHALLNOT takeany actionregarding
         Party
 [] Filing                    the         version(s) duecourse thefollowi~:Janguage(s):
               willbe submitting translated       in         in
 [] English                        [] French                    [] Kinya~,vanda Et
                                    KINDLY   FILL IN THE BOXES BELOW             »
 [] TheOTPis over-seeing translation.                             is
                                                        [] DEFENCE over-s~ei~g  translatio~,
            is          for
Thedocument submitted translation    to:                The document subrr~~ç~l an accre~ited
                                                                    is         ~                   for
                                                                                             service
[]  TheLanguage  Services       of
                         Section the ICTR/ Arusha.      translation                  to
                                                                   (feeswillbe~d~r~ted DODMS):
[] TheLanguage  ServicesSection the ICTR/ TheHague.
                               of                       Name of contactperso~~ oe
[] Anaccredited        for
                service translation; details
                                    see      below:     Nameof service:     .~.
                                                                           ""         O
    Nameof contact person:                              Address:            o         ~.
    Nameof service:                                           /    /
                                                        E-mailTel. Fax:
   Address:                                                                          .:
         /     /
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III - TRANSLATION PRIORITISATION (For Official use ONLY)
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[]Top                           COMMENTS                                            date:
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[]Urgent                                                                           date:
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[] Normal                                                                  [] Otherdeadlines:



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NB:Thisformis available http://www.ictr.org/ENGLISH/cms/cmsl                          on          2004)
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                                        PROOF SERVICE
                                             OF         -ARUSHA
                                                          _
                                      PREUVEDE NOTIFICATION ARUSHA
 Date:     04 October2004             Case Name / Affaire:                     The Prosecutorvs,                                        F6licien KABUGA
                                      Case No /Affaire No..                   tcTR-9844{
                Tr'4                                                         by I regupar.                                              rcceivedby I regupar
 To:
                      E.
                 Judge Msse,President
           tr
           !     Judge R. Reddy
                      J.
                                                                                                                            n
           !     Judge A. Egorov
                      S.
                                                                                                                            !
           tr    JudgeD. c. ir. Byron(simbal                                                                                !
           tr    E. Nahamya, Co-ordinator                                                                                   !
           ! rcz
           tr        W.
                 Judge H.sekule
           tr        A.
                 Judge Ramaroson                                                                                            !
           tr    Judge K. R. Khan (Bizinungu al.)
                                              et                                                                            n
                 JudgeA.J. N. de Silva                                                                                      tr
           tr
           tr    Judge S. B. Bossa (Nyitamasuhukuat.)et                                                                     tr
           tr    Judge L. G. Muthoga (Bizimungu ar.)
                                                  et                                                                        D
                 Judge E. F. Shotl (Bizinunguet at)                                                                         D
           tr
                 Judge T. Hikmet fNd/,diliyimana ar.)
                                                 et                                                                         tr
           tr
                 Judge S. K. Park fNd,h                                                                                     tr
           D
           tr    c. Eboe-osuji,
                           sLo
                                                 et
                                       diliyimana at.)
                                                                                                                            tr
           tr    A. Leroy,
                         Co-ordinator
           X rcr
           -@/
                 Judge a.vaz                                     NA { l.'slo\    tr
                 JudgeK. R. Khan
           !
           tr
           tr
                 JudgeO.C. M. Byron
                 Judge F, Lattanzi (Karemeta at.)
                                           et
                                                                 ffiffiLb4volo   tr
                                                                                 tr
                                                                                 tr
           tr    JudgeL, G. Muthoga(Mur,'Dara)
                 JudgeF. R. Arrey (Karehercal.)
                                           et                                    tr
           n
           tr
           tr
                 Judge E. F. shotl (Muhinana)
                 Judge K. Hiikborg{sercr,ta)
                                                                 Sn',asr'{'1"{'oti'
                                                                                 tr
                                                                                 tr
           tr    Judge G. G. Kam (Seronba)                                       tr
           n     E.O'Donnell, SLO                                                                                           n
           !     R. Adjovi,Co-ordinator                          '..'..-.:.'..'.',''','.'.'.''.''..'.'.''.'.                n
           tr    R. Diarra,
                          Co-ordinatot
           !     C, Denis,Co-odinatot (Karcmeraal.)
                                                et
           tr    H. Gogo,Co-ordinator(SeronbEj                   '.''...'..'''''.,''.''''..'.'..'...'.'..'.'
           D     E. Nahamya,  Co-ordinalor(Muhinana)
           X orpl BUREAU pRocuREUR
                           DU
           tr Trial
                  Attorney charge
                         in     ofcase:......                             S. Rapp
           X oererse
           tr            /
                AccusedAccus6:...... F. Kabuga
           tr   LeadCounsel/        PrinciDal.....
                               Conseil
           !    In/ a Arusha Arusha
           tr              /
                Co-Counsel Conseil Adjoint...
           !     In / d Afusha AruSha                                     . . . . . . . . . . . . . . . . . - . . . . . (sienarurc)   n by fax comprere   "
                                                                                                                                                    / Emplr cMs3bis
                                                                                                                                                                 FoRM
           All Decisions:        tr Appeals
                                          Chamber    The Hague
                                                 Unit,                               Jurist
                                                                         ! S. Chenault,   Linguist
                        &
           All Decisions lmportant
                                 PublicDocuments:                 &
                                                            n Press Public          tr LegalLibrary
           D J.-P.Fomete(Chief,
                              CMS)          !   N. Diallo(TCl)        !            (TC2)
                                                                          R. Kouambo                            X C. Hometowu                    E F. A. Taion (Appeals)

           E A. Dieng                   OLA,NY
                            E A. tuifier,                  E L. G. Munlo              E S. Menon                        !       l\r.Niang          E S. vanDriessche

 Subject
 Objet:  Kindfy find attached the following document(s) / Veuillez trouver en annexe le(s) document(s) suivant(s):


Documentsname/ /itre du document                                                                                                Date Filed, / Dale enregistrde   Pa8es
AMENDED INDICTMENT                                                                                                                       4/10/2004                t6

				
DOCUMENT INFO
Description: Prosecutor Interoffice Memorandum document sample