The Minister of Justice also the government attorney Tharcisse Karugarama has condemned the decision by the International Criminal Tribunal for Rwanda(ICTR) granting an early release of Michel Bagaragaza.
Bagaragaza who was sentenced to eight years in prison will be released on December 1, 2011 following a pardon by ICTR president Judge Khalida Rachid Khan as proposed by Swedish government following on jurisprudence of the International Criminal Tribunal for former Yugoslavia (ICTY).
This depended on three-quarters of a sentence served, and on the fact that Bagaragaza confessed to crimes and expressed remorse and on his good behavior in jail as attested by the Swedish prison authorities.
“We think it was not considerate enough. In the light of this background, an early release was equally not necessary,” Karugarama the state attorney remarked.
Karugarama added however, that there has not been any breach of rules of procedures by the Court.
“We naturally have to put the matter to rest. In these international justice processes, there are so many things that defy logic and which we have to learn to cope with,” said Karugarama.
It’s for the first time ever, the International Criminal Tribunal for Rwanda has granted an early release to genocide convicts.
“Under Article 27 of the Statute of the Tribunal, there shall only be pardon or commutation of sentence if the President so decides in the interests of justice.”
“My predecessor president Byron decided on 20 October 2010 that the initial early release of Michel Bagaragaza proposed by the Government of Sweden from 1 December 2010, after having served only two-thirds of his sentence, was premature,” the judge said in a case sheet of which also igihe.com has reads in part.
Judge Byron further decided to review the appropriateness of early release for Bagaragaza after three-fourths of his sentence had been served.
“In accordance with Rule 125 of the Rules of Procedure and Evidence (“Rules”), I have consulted with the Sentencing Chamber and the Bureau, and the Government of Rwanda has been notified of Michel Bagaragaza’s eligibility for early release under Swedish Law,” Judge Khan said.
On 17 November 2009, Michel Bagaragaza was convicted of complicity with genocide and was sentenced to eight years in prison with credit for time already served.
Bagaragaza was the former head of the Rwandan Tea Authority and is currently jailed in a Swedish prison.
He surrendered himself to the ICTR on August 15, 2005 and pleaded guilty to complicity to commit genocide.
Bagaragaza confessed to stocking arms used during the genocide at the Rubaya tea factory in Rubavu of formerly Gisenyi prefecture in northern Rwanda.
He also said he gave money, arms and the use of tea factory vehicles to Interahamwe militia who were massacring Tutsis, out of fears for the safety of himself and his family.
On November 17, 2009, the ICTR found Bagaragaza guilty and sentenced him to eight years in jail with credit for the time already served in the ICTR Detention Facility since 2005.
He was sent to Sweden in July 2010 to complete his sentence. In the past, the ICTR has always refused requests for early release of its convicts.
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