Table of contents:
P.17. Evidence inferred from an utterance, a document or a deed.
P.17.1. Evidence inferred from rejoicing at mutilation.
P.18. Evidence inferred from a circumstance.
P.18.1. Evidence inferred from display of disrespect for the breast removed.
P.18.2. Evidence inferred from fashion of removal.
P.18.3. Evidence inferred from displaying severed body parts of the person.
Element:
P.17. Evidence inferred from an utterance, a document or a deed.
P.17.1. Evidence inferred from rejoicing at mutilation.
A. Legal source/authority and evidence:
Prosecutor v. Eliézer Niyitegeka, Case No. ICTR-96-14-T, Judgement (TC), 16 May 2003 para. 312:
"312. The Accused and others were jubilating when Kabanda was killed and subsequently decapitated and castrated, and his skull pierced through the ears with a spike. His genitals were hung on a spike, and visible to the public. Although the Accused did not personally kill Kabanda, the Chamber finds that he was part of the group that perpetrated these crimes, and rejoiced at the commission of these acts."
P.18. Evidence inferred from a circumstance.
P.18.1. Evidence inferred from display of disrespect for the breast removed.
A. Legal source/authority and evidence:
Prosecutor v. Juvénal Kajelijeli, Case No. ICTR-98-44A-T, Judgement (TC), 1 December 2003, para. 678:
"678. [ ] The Chamber therefore finds that Ntenzireyerimye and Uyamuremye, members of the Interahamwe, mutilated a Tutsi girl named Nyiramburanga by cutting off her breast and then licking it, on the morning of 7 April 1994 in Rwankeri cellule."
B. [Evidentiary comment:]
P.18.2. Evidence inferred from fashion of removal.
P.18.3. Evidence inferred from displaying severed body parts of the person.
A. Legal source/authority and evidence:
Prosecutor v. Eliézer Niyitegeka, Case No. ICTR-96-14-T, Judgement (TC), 16 May 2003 para. 312:
"312. The Accused and others were jubilating when Kabanda was killed and subsequently decapitated and castrated, and his skull pierced through the ears with a spike. His genitals were hung on a spike, and visible to the public. Although the Accused did not personally kill Kabanda, the Chamber finds that he was part of the group that perpetrated these crimes, and rejoiced at the commission of these acts."
B. [Evidentiary comment:]
