A/HRC/14/43 27. For instance, travelling between two Rwandan cities in a vehicle outfitted with a public address system broadcasting songs, Simon Bikindi — a well-known composer and singer, as well as an influential member of the National Republican Movement for Development and Democracy — used the public address system to state that the majority population, the Hutus, should rise up to exterminate the minority, the Tutsis. On his way back, Bikindi used the same system to ask if people had been killing Tutsis. The Trial Chamber of the International Criminal Tribunal for Rwanda found that Bikindi’s public call on “the majority” to “rise up and look everywhere possible” and not to “spare anybody”, thus referring to the Tutsis as the minority, unequivocally constituted a direct call to destroy the Tutsi ethnic group.15 28. In the Ferdinand Nahimana, Jean-Bosco Barayagwiza, Hasssan Ngeze case, the Appeals Chamber of the International Criminal Tribunal for Rwanda confirmed the Trial Chamber judgement by concluding that many of the Radio Télévision Libre des Mille Collines broadcasts made after 6 April 1994 (thus after the beginning of a systematic and widespread attack against the Tutsis) explicitly called for the extermination of the Tutsis.16 For instance, in one broadcast on 13 May 1994, a journalist spoke of exterminating the Tutsis “so as to wipe them from human memory” and exterminating the Tutsis “from the surface of the earth … to make them disappear for good”. The Appeals Chamber also confirmed the findings of the Trial Chamber which establishes a causal connection between the broadcasts of Radio Télévision Libre des Mille Collines after 6 April 1994 and the killings of certain persons of Tutsi origin, whose names had been publicly mentioned by the broadcaster.17 29. Concerning the case of Kangura — probably the most well-known Rwandan newspaper at that time — the Appeals Chamber of the International Criminal Tribunal for Rwanda found that certain Kangura articles published in 1994 directly and publicly incited the commission of genocide.18 For instance, an article headed the “Last lie” stated that “let’s hope the [Tutsis] will have the courage to understand what is going to happen and realize that if they make a small mistake they will be exterminated; if they make the mistake of attacking again, there will be none of them left in Rwanda, not even a single accomplice. All the Hutus are united”.19 30. In the view of the Special Rapporteur, the cases mentioned above demonstrate how hate speech based on racist ideology may contribute to the commission of acts of violence or killings, including genocide, against members of certain groups of the population. While hate speech, which was omnipresent in Rwanda at the time of the genocide, cannot be pinpointed as the only cause of the genocide, there remains little doubt today that hate speech which was publicly and widely propagated by the media, such as Kangura or Radio Télévision Libre des Mille Collines, significantly contributed to the tragic and massive killings perpetrated in the country between April and July 1994. 15 16 17 18 19 GE.10-12566 The Prosecutor v. Simon Bikindi, case No. ICTR-01-72-T (Trial Chamber), judgement of 2 December 2008, para. 423. The judgement has been confirmed by the Appeals Chamber. Simon Bikindi v. The Prosecutor, case No. ICTR-01-72-A (Appeals Chamber), judgement of 18 March 2010. Ferdinand Nahimana, Jean-Bosco Barayagwiza and Hassan Ngeze v. The Prosecutor, case No. ICTR-99-52-A (Appeals Chamber), 28 November 2007, paras. 755–758. Ibid., paras. 503–505. Ibid., para. 776. Ibid., para. 771. 11