Arusha, February 2nd, 2005 (FH ) - The International Criminal Tribunal for Rwanda (ICTR), Tuesday dismissed a motion to acquit four former senior officers in the former Rwandan army (Ex-FAR).

Defence lawyers had applied for a judgement of acquittal shortly after the prosecution had finished presenting its case.

They argued that the Prosecutor had failed to prove his case because the evidence presented was “insufficient to sustain a conviction”.

The Rules and Regulations of the ICTR state “If after the close of the case for the prosecution, the Trial Chamber finds that the evidence is insufficient to sustain a conviction on one or more counts charged in the indictment, the Trial Chamber … shall order the entry of judgement of acquittal in respect of those counts”.

But the trial chamber found there was enough evidence. “The Chamber finds that a reasonable trier of fact [a judge who carries the responsibility of determining the issues of fact] could, if the evidence were to be believed, find the accused guilty beyond a reasonable doubt of outrages upon personal dignity for one or more of the criminal acts described”, said Judge Erik Møse of Norway who is also the President of the ICTR,

On trial is the former directeur de cabinet of the Rwandan ministry of defence, Colonel Theoneste Bagosora, the former army chief of operations, Brigadier Gratien Kabiligi, the former army chief of Gisenyi region Lieutenant Colonel Anatole Nsengiyumva, and the commander of the elite Para-commando battalion based in Kigali, Major Alloys Ntabakuze.

Though the Prosecutor maintains that Bagosora was having been the “mastermind” of the genocide, the four former army officers have been on trial since April 2002 and they have all pleaded not guilty to crimes of genocide, crimes against humanity and war crimes.

The tribunal adjourned in October after the prosecution had called 82 witnesses. The defence teams are set to begin calling witnesses March 30, 2005 though no details have yet been made public.

KN/GF/FH(MLI’’’0202e)