6. Bizimungu submits that the Trial Chamber failed to make the requisite legal findings for his
convictions related to the following events: killings in Rwankeri Sector; attacks against Tutsis at the
Josephite Brothers compound; and crimes committed at the ESI, Musambira Commune office and
dispensary, and TRAFIPRO.
7. The Appeals Chamber finds that the Trial Chamber failed to make any legal findings in
relation to Bizimungu’s conviction for genocide in relation to crimes committed in Rwankeri Sector
and at the Josephite Brothers compound, the ESI, Musambira Commune office and dispensary, and
TRAFIPRO. In addition, the Trial Chamber did not make findings on the events at the ESI,
Musambira Commune office and dispensary, and TRAFIPRO in its discussion of Bizimungu’s
liability for murder and rape as crimes against humanity.
8. The absence of any relevant legal findings in the Trial Judgement constituted a manifest
failure to provide a reasoned opinion. Indeed, the Appeals Chamber considers the magnitude of this
error to be unprecedented in the history of the Tribunal.
9. In light of these omissions and to safeguard Bizimungu’s right to an effective appeal, the
Appeals Chamber ordered that the appeals concerning Bizimungu be severed. The Appeals
Chamber also ordered additional submissions from the parties on the evidentiary basis for
Bizimungu’s convictions for genocide and murder and rape as crimes against humanity.
10. The Appeals Chamber recalls that a trial chamber’s failure to provide a reasoned opinion
constitutes an error of law which allows the Appeals Chamber to consider the relevant evidence and
factual findings in order to determine whether a reasonable trier of fact could have found beyond
reasonable doubt the findings challenged by the appellant.
11. Mindful of the extraordinary nature of the Trial Chamber’s omissions and, in particular, the
gravity of a conviction for genocide, the Appeals Chamber shall assess the findings and evidence
relevant to each incident supporting Bizimungu’s genocide conviction and the events at the ESI,
Musambira Commune office and dispensary, and TRAFIPRO related to Bizimungu’s convictions
for murder and rape as crimes against humanity to determine whether the elements of these crimes
are established beyond reasonable doubt.
12. In light of the additional submissions, Bizimungu has had a full and focused opportunity to
appeal these convictions and to respond to the Prosecution’s case. The Appeals Chamber’s findings
in this regard will be addressed with Bizimungu’s challenges to each specific event.