10.c [Mental element for Element 6] [Circumstance of person being in the power of an adverse party:] The perpetrator was aware that the person or persons were in the power of an adverse party.

P.31. Evidence inferred from a document, utterance or deed.

P.31.1. Evidence inferred from grouping members of the same group together.

P.32. Evidence inferred from a circumstance.

10.c [Mental element for Element 6] [Circumstance of person being in the power of an adverse party:] The perpetrator was aware that the person or persons were in the power of an adverse party.

P.31. Evidence inferred from a document, utterance or deed.

P.31.1. Evidence inferred from grouping members of the same group together.

A. Legal source/authority and evidence:

Prosecutor v. Clément Kayishema and Obed Ruzindana, Case No. ICTR-95-1-T, Judgement (TC), 21 May 1999, para. 294:

"294. On their way to the gathering places many witnesses saw roadblocks where the perpetrators separated Tutsis from the Hutus. Once the Tutsis reached these places they were injured, mutilated and some of the women were raped. In the end the Tutsis were massacred by Hutu assailants who sang songs whose lyrics exhorted extermination during the attacks. These attackers were armed and led by local government officials and other public figures. The fact that these massacres occurred is not in dispute. In fact, Kayishema testified that he and others engaged in a clean-up operation after the massacres."

P.32. Evidence inferred from a circumstance.