Indictment and arrest Bikindi was indicted by the
International Criminal Tribunal for Rwanda (ICTR). He was charged with the following: conspiracy to commit
genocide; genocide, or alternatively
complicity in genocide;
direct and public incitement to commit genocide, and murder and persecution, as crimes against humanity. The indictment stated that Bikindi "composed, sang, recorded or distributed musical works extolling Hutu solidarity and accusing Tutsis of
enslaving Hutus". The prosecution cited a song entitled "The Awakening" but commonly referred to as "I hate these Hutus" ("Nanga Abahutu"), which attacked "pro-Tutsi" Hutus and specifically those Hutus who collaborated with the Tutsi
Rwandan Patriotic Front insurgents against the government. The prosecution also claimed that during the 100 days of genocide from 7 April to 14 July 1994, Bikindi participated personally in the killings, both in
Kigali and Gisenyi prefecture, and helped to recruit and organise
Interahamwe militias. The defence argued that there were contradictions in the witness testimonies, denying that the songs were about Tutsis and invoking Tutsi witnesses whom Bikindi had allegedly "helped to save their lives". Regarding the songs, both sides had experts on their side, but it was undeniable that the lyrics were difficult to interpret and that democracy and peace were mentioned. Bikindi's lawyer also argued that to accuse Bikindi is "to deny him his right of expression". The chief counsel of the defence agreed with the prosecution's accusation, which caused Bikindi to refuse to be represented by him any further. The ICTR later cleared the lawyer of that accusation. The prosecution team in Bikindi's trial asked for a life sentence, the most severe punishment the court gives. The defence requested an acquittal.
Verdict and imprisonment In December 2008, Bikindi was sentenced to 15 years in prison with credit for 7 years already served, for incitement to commit genocide. The conviction stemmed from the fact that the court considered it proved beyond reasonable doubt that towards the end of June 1994 he had made a speech from an
Interahamwe vehicle equipped with a
public address system, urging and subsequently reminding the Hutu population to exterminate all Tutsis, whom he referred to as "snakes". All the other charges were dismissed; in particular, the court considered that while some songs had an inciting character, they had all been written before 1994, thus before the genocide, and that there was not sufficient evidence to prove that Bikindi had played a role in the dissemination of his songs on radio during the genocide, or that he had personally engaged in killings or organising of militias. Bikindi was released in 2016, having served the full length of his sentence.
Reception The trial had been considered problematic because of the troubling possibility of an artist being arbitrarily prosecuted for his work, art being open to a variety of interpretations. The verdict, however, successfully avoided this controversial issue, as it was not based on Bikindi's songs. ==Personal life and character==