On June 7, 2001 the Trial Chamber (composed of Judges Erik Møse, presiding, Asoka Gunawardana and Mehmet Güney) unanimously found Bagilishema, not guilty of Genocide and serious violations of the Geneva Conventions.

By a majority, with Judge Güney dissenting, it found the accused not guilty of one count of Complicity in Genocide and three counts of Crimes against Humanity.

After reviewing all of the testimony and documentary evidence presented during the trial, the Chamber ruled that the testimonies of the witnesses for the Prosecution were riddled

with inconsistencies and contradictions. The Chamber found that the Prosecution had failed to prove its case beyond a reasonable doubt.

This was the first acquittal by the ICTR.

In the appeal the Prosecutor argued that the Trial Chamber had made errors of fact and of law in arriving at its decision and asked the Appeals Chamber to order a retrial.

For Mr. Bagilishema, his counsel, argued that the appeal had been lodged out of time and that in any event the Decision of the Trial Chamber was sound.

The Appeals Chamber was composed of Judge Claude Jorda, presiding, and Judges Mohamed Shahabuddeen, David Hunt, Fausto Pocar and Theodor Meron.


Judge Claude Jorda is also the President of the International Criminal Ytibunal for the former Yugoslavia (ICTY).

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