Tito Barahira

Type of liability
Personne physique

Alleged perpetrator(s)
Tito BARAHIRA

Nationality of alleged perpetrator(s)
Rwandan

Legal classification of crime(s)
Genocide
Crimes against humanity

Source of the complaint
NGO

Ongoing proceedings
non

Regime
1 - TPIY/TPIR

Summary of facts

Tito Barahira was mayor of the commune of Kabarondo in Rwanda from 1977 to 1986, until he was replaced by Octavien Ngenzi.

He was also the local chairman of the ruling party, the National Republican Movement for Democracy and Development (MRND).

Tito Barahira is accused of having participated in the massacre of Tutsis between April and July 1994 together with the military leaders in Kabarondo.

In particular, he allegedly participated in the massacre of Tutsis who had taken refuge in a church in Kabarondo on April 13, 1994.

Legal proceedings

October 2010: Tito Barahira is indicted by the National Public Prosecution Authority of Rwanda for his alleged participation in the genocide and for incitement to commit acts of genocide. 
March 28, 2011: The CPCR files a complaint with civil party application against Barahira for his alleged involvement in the 1994 massacres. 
April 3, 2013: Barahira is arrested in Toulouse and detained in Fresnes prison. An extradition request made by Rwanda against him is rejected by France. 
July 16, 2013: The Tito Barahira and Octavien Ngenzi cases are joined. 14 civil parties join the case. 
May 13, 2014: The Paris public prosecutor requests that the case be referred to the Paris Assize Court. 
May 28, 2014: The investigating judge commits the case for trial before the Paris Assize Court for “genocide” and “crimes against humanity.” 
From May 10 to July 6, 2016: The trial is held before the Paris Assize Court. 
July 6, 2016: Tito Barahira and Octavien Ngenzi are found guilty of “genocide” and “crimes against humanity” and are sentenced to life imprisonment. The defense appeals. 
July 6, 2018: The Paris Assize Court upholds the life sentence handed down at first instance. Octavien Ngenzi and Tito Barahira appeal to the Court of Cassation. 
October 16, 2019: The Court of Cassation upholds the life sentences of Octavien Ngenzi and Tito Barahira. The judgment is final.

Complaint

non

Names of NGOs / Victim(s)

CPCR
Survie

Legal basis for jurisdiction (article)

Law No. 96-432 of May 22, 1996

Court of Assizes judgment

"The Assize Court sentences the accused to life imprisonment for genocide and crimes against humanity.
Statement of reasons: https://francegenocidetutsi.org/BarahirwaNgenziCourAssisesMotivations6juillet2016.pdf

Court of Appeal ruling

The Assize Court upholds the life sentence for genocide and crimes against humanity.
https://francegenocidetutsi.org/ArretAssisesAppelNgenziBarahira.pdf

Statement of reasons: https://www.collectifpartiescivilesrwanda.fr/wp-content/uploads/180709-motivation-CA-Appel-Ngenzi-Barahira.pdf"

Court of Cassation ruling

The appeals to the Court of Cassation are declared inadmissible or dismissed.

https://francegenocidetutsi.org/ArretCourDeCassationBarahiraNgenzi16102019.pdf

Sources

CPCR, « Tito Barahira alias Tite Barahira »

Survie, « Procès en appel de deux présumés génocidaires rwandais, du 2 mai au 6 juillet 2018 », 2018

TV5 Monde, « Génocide au Rwanda : les deux ex-bourgmestres restent condamnés à perpétuité en appel », 2018

Le Monde, « Deux ex-maires rwandais condamnés en appel à perpétuité pour génocide », 2018

Survie, "Nos actions judiciaires concernant le génocide des Tutsis au Rwanda", 2019