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{{short description|Rwandan diplomat and convicted war criminal}}
{{Use dmy dates|date=May 2021}}
{{Infobox criminal
{{Infobox criminal
| name = Jean-Bosco Barayagwiza
| name = Jean-Bosco Barayagwiza
| image_name = Jean-Bosco Barayagwiza.jpg
| image_name = Jean-Bosco Barayagwiza.jpg
| image_caption =
| image_caption =
| nationality=[[Rwanda]]n
| nationality = Rwandan
| birth_date = 1950
| birth_date = 1950
| birth_place = [[Mutura]], [[Gisenyi]], [[Rwanda]]
| birth_place = Mutura, [[Gisenyi]], [[Ruanda-Urundi]]
| death_date = 25 April 2010
| death_date = 25 April 2010 (aged 59/60)
| death_place = [[Porto Novo]], Benin<ref>{{Cite web|url=https://unictr.irmct.org/en/news/death-convict-jean-bosco-barayagwiza|title=Death of Convict Jean Bosco Barayagwiza &#124; United Nations International Criminal Tribunal for Rwanda|access-date=23 September 2023|archive-date=23 September 2023|archive-url=https://web.archive.org/web/20230923145924/https://unictr.irmct.org/en/news/death-convict-jean-bosco-barayagwiza|url-status=live}}</ref>
⚫
| charge = conspiracy to commit genocide, genocide, direct and public incitement to commit genocide; complicity in genocide; and crimes against humanity (persecution, extermination and murder) <br><small>(ICTR-97-27-1 on 10 November 1999)<ref>http://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=48b527412</ref></small>
| conviction_penalty = 32 years imprisonment
| conviction_penalty = 32 years imprisonment
| conviction_status = Deceased
| conviction_status = [[Deceased]]
| occupation = lawyer, civil servant<ref>http://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=48b527412</ref>
| occupation = lawyer, civil servant<ref name=JUDGEMENT>http://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=48b527412 {{Webarchive|url=https://web.archive.org/web/20211014160406/https://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=48b527412 |date=14 October 2021 }} {{Bare URL PDF|date=March 2022}}</ref>
⚫
| conviction = Conspiracy to commit genocide, genocide, direct and public incitement to commit genocide; [[complicity in genocide]]; and crimes against humanity (persecution, extermination and murder)<br /><small>(ICTR-97-27-1 on 10 November 1999)</small><ref>{{cite court |litigants=Nahimana et al. v. The Prosecutor |court=Appeals Chamber |date=28 November 2007 |url=https://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=48b527412 |quote=The Appeals Chamber rejects all the arguments
}}
raised by the Appellants.}}</ref> }}


'''Jean-Bosco Barayagwiza''' (1950 – 25 April 2010) was a convicted [[génocidaire]] and politician associated with the [[Hutu Power]] movement. A high-ranking civil servant, Barayagwiza served as policy director within the [[Ministry of Foreign Affairs and Cooperation (Rwanda)|Ministry of Foreign Affairs]] at the time of the [[Rwandan genocide]].<ref>{{Cite web|date=24 November 1999|title=International Criminal Tribunal for Rwanda: Jean-Bosco Barayagwiza must not escape justice|url=https://www.amnesty.org/download/Documents/140000/afr470201999en.pdf|url-status=live|website=Amnesty International|access-date=23 September 2023|archive-date=23 September 2023|archive-url=https://web.archive.org/web/20230923145924/https://www.amnesty.org/en/documents/afr47/020/1999/en/}}</ref> He has been described as one of the "masterminds" of the genocide.<ref name="apnews.com">{{Cite web|title=Rwandan Genocide Suspect Blames Tutsis for Killings|url=https://apnews.com/article/71efdda6f0213190d3fa46f5cb2665f5|access-date=4 April 2021|website=AP NEWS}}</ref>
'''Jean-Bosco Barayagwiza''' (1950, [[Mutura]] - 25 April 2010) was a Rwandan diplomat and the chairman of the executive committee for the [[Rwanda]]n radio station [[Radio Télévision Libre des Mille Collines]] from 1993 and during the 1994 [[Rwandan Genocide]].


Barayagwiza was a founding member of the extremist party [[Coalition for the Defence of the Republic]], which was considered to take an even more radical stance against the [[Tutsi]] population than the governing [[National Republican Movement for Democracy and Development]].<ref name="newsletter" /> As chairman of the executive committee of popular radio station [[Radio Télévision Libre des Mille Collines]] (RTML), he would preside over the airing of content urging genocidal violence against the Tutsis.
⚫
He was charged by the [[International Criminal Tribunal for Rwanda]] on October 23, 2000 along with co-leader [[Ferdinand Nahimana]] and [[Hassan Ngeze]], director and editor of the ''Kangura'' newspaper. Mr. Barayagwiza was initially defended by Canadian lawyer Mrs. Marchessault and American lawyer Mr. Danielson. When the two lawyers withdrew, Mr. Barayagwiza was defended throughout the trial, up to the sentence of first instance, by the Italian lawyer Giacomo Barletta Caldarera, so far the only Italian lawyer to have acted as defense counsel in a UN International Tribunal. Barayagwiza refused to partake in the trial, claiming that the judges were not impartial.<ref>[http://www.radionetherlands.nl/features/media/dossiers/rwanda-h.html Hate Radio: Rwanda - Radio Netherlands Worldwide - English<!-- Bot generated title -->]</ref>


== Post-genocide life ==
⚫
After his conviction on December 3, 2003 to 35 years imprisonment (he was sentenced to 27 years, given his time already spent in captivity), he announced that he was appealing the sentence. He was assigned Donald Herbert and Tanoo Mylvaganam as a new defence counsel on November 30, 2004. Mr. Alfred Pognon was called as “adjoint” defense counsel to Mr. Barletta Caldarera. His last appeal was rejected by the [[International Criminal Tribunal for Rwanda]] on June 22, 2009.<ref>{{cite web|url=http://www.ictr.org/ENGLISH/cases/Barayagwiza/decisions/090622.pdf|title=Jean-Bosco Barayagwiza v. The Prosecutor. p. 13|accessdate=October 2009}}</ref>
{{More citations needed section|date=August 2021}}
'''Cameroon'''


While detained in [[Yaoundé]], [[Cameroon]] in 1996, Barayagwiza would accuse the RPF government of [[Racial discrimination|unfair bias]] against the Hutus, stating that "the regime is generalizing and making things ethnic by accusing the Hutu as genociders". Barayagwiza claimed Hutus were the victim of Tutsi aggression during the genocide and had been acting in self-defense.<ref name="apnews.com"/>
⚫
He died on 25 April 2010 at 6h22 in Cotonou (Republic of Benin)<ref>ICTR Newsletter, April 2010, pg. 10; http://www.unictr.org/Portals/0/English%5CNews%5CNewsletter%5Capr10.pdf</ref> due to an advanced case of Hepatitis C. It has been reported by his family that he was denied adequate treatment.

'''Genocide trial and death'''

On 23 October 2000 he was charged by the [[International Criminal Tribunal for Rwanda]] with [[Genocide]], [[Crimes Against Humanity]] and violations of the [[Geneva Conventions]]. He was tried along with [[Ferdinand Nahimana]], a co-founder of RTLM, and [[Hassan Ngeze]], director and editor of the ''[[Kangura]]'' newspaper. Barayagwiza was initially defended by Canadian lawyer Mrs. Marchessault and American lawyer Mr. Danielson.

⚫
When the two lawyers withdrew, Barayagwiza was defended throughout the trial, up to the sentence of first instance, by Italian lawyer Giacomo Barletta Caldarera, so far{{When|date=August 2021}} the only Italian lawyer to have acted as defense counsel in a UN International Tribunal. Barayagwiza refused to participate in the trial, claiming that the judges were not impartial.<ref>[http://www.radionetherlands.nl/features/media/dossiers/rwanda-h.html Hate Radio: Rwanda – Radio Netherlands Worldwide – English<!-- Bot generated title -->] {{webarchive|url=https://web.archive.org/web/20061014073140/http://www.radionetherlands.nl/features/media/dossiers/rwanda-h.html |date=14 October 2006 }}</ref>

On 3 December 2003 Barayagwiza was found guilty of genocide, conspiracy to commit genocide, public and direct incitement to genocide and extermination and persecution constituting crimes against humanity. He was also found not guilty of additional charges of complicity in genocide, murder and violations of Geneva Conventions.

⚫
He was sentenced to 35 years' imprisonment. He announced that he was appealing the sentence and was assigned Donald Herbert and Tanoo Mylvaganam as a new defence counsel on 30 November 2004. Alfred Pognon was called as "adjunct" defense counsel to Barletta Caldarera. His appeal was partially upheld on 22 June 2009 and his sentence was reduced to 32 years' imprisonment.<ref>{{cite web |url=http://ictr-archive09.library.cornell.edu/ENGLISH/cases/Barayagwiza/decisions/090622.pdf |title=Jean-Bosco Barayagwiza v. The Prosecutor. p. 13 |access-date=23 September 2023 |archive-date=6 May 2017 |archive-url=https://web.archive.org/web/20170506033634/http://ictr-archive09.library.cornell.edu/ENGLISH/cases/Barayagwiza/decisions/090622.pdf |url-status=live }}</ref>

⚫
He died on 25 April 2010 in [[Cotonou]], [[Benin]],<ref name=newsletter>{{cite web|url=http://unictr.unmict.org/sites/unictr.org/files/news/newsletters/apr10.pdf#page=10|title=ICTR Newsletter|date=April 2010|page=10|work=[[ICTR]]}}</ref> due to an advanced case of [[Hepatitis C]]. It has been reported by his family that he was denied adequate treatment.


==References==
==References==
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{{Radio Télévision Libre des Mille Collines}}
{{Radio Télévision Libre des Mille Collines}}
{{Authority control}}


{{DEFAULTSORT:Barayagwiza, Jean-Bosco}}
{{DEFAULTSORT:Barayagwiza, Jean-Bosco}}
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[[Category:People convicted by the International Criminal Tribunal for Rwanda]]
[[Category:People convicted by the International Criminal Tribunal for Rwanda]]
[[Category:Rwandan people convicted of crimes against humanity]]
[[Category:Rwandan people convicted of crimes against humanity]]
⚫
[[Category:Rwandan prisoners and detainees]]
[[Category:Deaths from hepatitis]]
[[Category:Deaths from hepatitis]]
[[Category:People convicted of incitement to genocide]]

⚫
[[Category:Rwandan people who died in prison custody]]
{{Crime-bio-stub}}
[[Category:Prisoners who died in Beninese detention]]

Latest revision as of 00:15, 5 December 2023

Jean-Bosco Barayagwiza
Born1950
Mutura, Gisenyi, Ruanda-Urundi
Died25 April 2010 (aged 59/60)
Porto Novo, Benin[2]
NationalityRwandan
Occupation(s)lawyer, civil servant[3]
Criminal statusDeceased
Conviction(s)Conspiracy to commit genocide, genocide, direct and public incitement to commit genocide; complicity in genocide; and crimes against humanity (persecution, extermination and murder)
(ICTR-97-27-1 on 10 November 1999)[1]
Criminal penalty32 years imprisonment

Jean-Bosco Barayagwiza (1950 – 25 April 2010) was a convicted génocidaire and politician associated with the Hutu Power movement. A high-ranking civil servant, Barayagwiza served as policy director within the Ministry of Foreign Affairs at the time of the Rwandan genocide.[4] He has been described as one of the "masterminds" of the genocide.[5]

Barayagwiza was a founding member of the extremist party Coalition for the Defence of the Republic, which was considered to take an even more radical stance against the Tutsi population than the governing National Republican Movement for Democracy and Development.[6] As chairman of the executive committee of popular radio station Radio Télévision Libre des Mille Collines (RTML), he would preside over the airing of content urging genocidal violence against the Tutsis.

Post-genocide life[edit]

Cameroon

While detained in Yaoundé, Cameroon in 1996, Barayagwiza would accuse the RPF government of unfair bias against the Hutus, stating that "the regime is generalizing and making things ethnic by accusing the Hutu as genociders". Barayagwiza claimed Hutus were the victim of Tutsi aggression during the genocide and had been acting in self-defense.[5]

Genocide trial and death

On 23 October 2000 he was charged by the International Criminal Tribunal for Rwanda with Genocide, Crimes Against Humanity and violations of the Geneva Conventions. He was tried along with Ferdinand Nahimana, a co-founder of RTLM, and Hassan Ngeze, director and editor of the Kangura newspaper. Barayagwiza was initially defended by Canadian lawyer Mrs. Marchessault and American lawyer Mr. Danielson.

When the two lawyers withdrew, Barayagwiza was defended throughout the trial, up to the sentence of first instance, by Italian lawyer Giacomo Barletta Caldarera, so far[when?] the only Italian lawyer to have acted as defense counsel in a UN International Tribunal. Barayagwiza refused to participate in the trial, claiming that the judges were not impartial.[7]

On 3 December 2003 Barayagwiza was found guilty of genocide, conspiracy to commit genocide, public and direct incitement to genocide and extermination and persecution constituting crimes against humanity. He was also found not guilty of additional charges of complicity in genocide, murder and violations of Geneva Conventions.

He was sentenced to 35 years' imprisonment. He announced that he was appealing the sentence and was assigned Donald Herbert and Tanoo Mylvaganam as a new defence counsel on 30 November 2004. Alfred Pognon was called as "adjunct" defense counsel to Barletta Caldarera. His appeal was partially upheld on 22 June 2009 and his sentence was reduced to 32 years' imprisonment.[8]

He died on 25 April 2010 in Cotonou, Benin,[6] due to an advanced case of Hepatitis C. It has been reported by his family that he was denied adequate treatment.

References[edit]

  1. ^ Nahimana et al. v. The Prosecutor (Appeals Chamber 28 November 2007) ("The Appeals Chamber rejects all the arguments raised by the Appellants."), Text.
  2. ^ "Death of Convict Jean Bosco Barayagwiza | United Nations International Criminal Tribunal for Rwanda". Archived from the original on 23 September 2023. Retrieved 23 September 2023.
  3. ^ http://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=48b527412 Archived 14 October 2021 at the Wayback Machine [bare URL PDF]
  4. ^ "International Criminal Tribunal for Rwanda: Jean-Bosco Barayagwiza must not escape justice" (PDF). Amnesty International. 24 November 1999. Archived from the original on 23 September 2023. Retrieved 23 September 2023.
  5. ^ a b "Rwandan Genocide Suspect Blames Tutsis for Killings". AP NEWS. Retrieved 4 April 2021.
  6. ^ a b "ICTR Newsletter" (PDF). ICTR. April 2010. p. 10.
  7. ^ Hate Radio: Rwanda – Radio Netherlands Worldwide – English Archived 14 October 2006 at the Wayback Machine
  8. ^ "Jean-Bosco Barayagwiza v. The Prosecutor. p. 13" (PDF). Archived (PDF) from the original on 6 May 2017. Retrieved 23 September 2023.

External links[edit]

  • RwandaFile: Articles from Kangura, in English, French and Kinyarwanda
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