{The National Commission for the Fight against Genocide (CNLG) has strongly condemned the French prosecutor’s decision to drop genocide charges against Wenceslas Munyeshyaka.}
In a press statement released on Tuesday 25th August 2015, CNLG has detailed charges Munyeshyaka committed during the Genocide against Tutsi and requests that investigating judges do not follow the Paris prosecutor in his indictment of a dismissal for Wenceslas Munyeshayaka, and further requests to override this requisition and requests for a trial to proceed as it was expected.
{{Below is the statement from the CNLG on France’s decision to drop case against Father Wenceslas Munyeshyaka:}}
{{Introduction }}
On August 20th 2015 French prosecutors requested to have Genocide charges against Father Wenceslas Munyeshyaka dropped.
Munyeshyaka is accused of genocide, rape as a crime against humanity, conspiracy to genocide, complicity in torture and ill-treatment of Tutsi refugees by depriving them of food and water, sold his services, delivered the refugees up to the Hutu militia and forced women to have sexual intercourse with him in exchange for their lives.
French prosecution claims that he should be set free because there are no concrete evidences that implicate him in such accusations. According to the prosecutor, the role of Munyeshyaka during the 1994 genocide has been able to arouse many questions; however, the investigation did not ultimately allow for the formal corroboration of specific and certain acts of active participation, on the part of the suspect in the acts, either as a direct perpetrator or as an accomplice.
A judicial parody masking a denial of justice As we know, on July 25th , 1995 the Examining Magistrate of Privas (France) began an investigation on Father Wenceslas Munyeshyaka’s alleged role in the genocide against the Tutsi.
The alleged crimes included genocide, crimes against humanity and complicity in the planning of the crimes.
After realizing the sluggishness of the French justice in handling Munyeshyaka’s case, the European Court of Human Rights condemned the manner in which it was being handled and urged the French judiciary to handle the case in the duration prescribed by the law.
Munyeshyaka’s case was transferred to France on the request of the French prosecution. However, since the transfer of the case, French judiciary has been criticized for the slowness of the proceedings.
Wenceslas Munyeshyaka is accused the horrific crimes including the following:
{{ Genocide }}
The Prosecution charges Father Wenceslas Munyeshyaka with Genocide, a crime stipulated in Article 2 (3) (a) of the Statute, in that between 6 April 1994 and 2 August 1994, throughout Rwanda, Father Wenceslas Munyeshyaka was responsible for killing, causing serious bodily and mental harm, or deliberately inflicting on Tutsi civilians conditions of life calculated to bring about their physical destruction, with the intent to destroy in whole or in part, a racial or ethnic group, as such, as outlined in paragraphs 7 through 32 of his indictment.
The accused is alleged to have willfully and knowingly participated in a joint criminal enterprise whose object, purpose, and foreseeable outcome was the destruction of the Tutsi racial or ethnic group in Ste. Famille parish, CELA and St. Paul Pastoral Centre, located in former Rugenge secteur, Nyarugenge commune, Kigali-ville Prefecture in Kigali city, Rwanda.
He is alleged to having on divers days between 8 April and 30 June 1994, in the course of his tour of Tutsi and Hutu refugees in Ste. Famille parish, St. Paul Pastoral centre and CELA premises in Kigali city, referred to Tutsi refugees as “Inyenzi” (cockroaches) before Hutu refugees and members of the Interahamwe, implying that they were enemies of the government.
There are several eyewitnesses who gave testimonies about Munyeshyaka on the above allegations.
{{Rape as a Crime against Humanity}}
The accused, Father Wenceslas Munyeshyaka, is individually responsible for rape of Tutsi women as a crime against humanity because he planned, committed or otherwise aided and abetted others in the planning, preparation or execution of this crime by virtue of his position as described in paragraphs 2 through 4 of his indictment.
In addition, the accused willfully and knowingly participated in a joint criminal enterprise whose object, purpose and foreseeable outcome was rape as a crime against the Tutsi racial or ethnic group in Ste. Famille parish, Rugenge secteur, Nyarugenge commune, Kigali ville prefecture, Kigali city, Rwanda.
During the period of 8 April and 30 June 1994 at Ste. Famille Parish, Father Wenceslas Munyeshyaka is alleged of having planned to commit and committing rape on Tutsi women as part of widespread or systematic attack against the civilian population, on political ethnic or racial grounds.
On or around 21 April Father Wenceslas Munyeshyaka committed rape on a Tutsi civilian girl (whose identity has been undisclosed for her own safety), in the Presbyterian rooms at Ste. Famille parish, in Kigali city.
On or around 21 April 1994 Father Wenceslas Munyeshyaka aided and abetted an Interahamwe to rape a Tutsi civilian girl (whose identity has been undisclosed for her own safety), in the Presbyterian rooms at Ste. Famille parish, in Kigali city.
On or around 21 April 1994 Father Wenceslas Munyeshyaka aided and abetted an Interahamwe to rape another Tutsi civilian girl (whose identity has been undisclosed for her own safety), in the Presbyterian rooms at Ste. Famille parish, in Kigali city. In mid-June 1994 Father Wenceslas Munyeshyaka committed rape on a Tutsi civilian gir (whose identity has been witheld for her own safety), in the Presbyterian rooms at Ste. Famille parish, in Kigali city.
In mid-June 1994 Father Wenceslas Munyeshyaka committed rape on another Tutsi civilian girl; whose names have been kept as secret for her security purposes, in the Presbyterian rooms at Ste. Famille parish, in Kigali city. 40. In mid-June 1994 Father Wenceslas Munyeshyaka committed rape on a Tutsi civilian girl, in the Presbyterian rooms at Ste. Famille parish, in Kigali city.
These and so many other accounts have been testified by the very victims who underwent several inhumane treatment by Munyeshyaka when they thought as a man of God he would save their lives.
{{Extermination as a Crime against Humanity }}
Father Wenceslas Munyeshyaka, is individually responsible for extermination as a crime against humanity because he planned, committed or otherwise aided and abetted others in the planning, preparation or execution of this crime by virtue of his position as described in paragraphs 2 through 4 of his indictment.
During the period 8 April and 30 June 1994 at Ste. Famille parish, Father Wenceslas Munyeshyaka planned to commit and did commit extermination as a crime against Humanity as part of a widespread or systematic attack against the civilian population, on political ethnic or racial grounds.
At the same time he aided and abetted Interahamwe militia and other assailants to commit extermination as part of a widespread or systematic attack against the civilian population, on political, ethnic or racial grounds.
On or around 17 June 1994, over one hundred Tutsi civilians including Alphonse Ruzigana were killed at Sainte Famille parish, Kigali city, in the course of an attack launched by the Interahamwe, Colonel Tharcisse Renzaho and Odette Nyirabagenzi in furtherance of a joint criminal enterprise of which Father Wenceslas Munyeshyaka was a co-perpetrator.
The attack and killing were part of a widespread or systematic attack against the civilian population, on political, ethnic or racial grounds and was a natural and foreseeable consequence of the execution of the object of the joint criminal enterprise and Father Wenceslas Munyeshyaka was aware that the attack and killing were a foreseeable and natural consequence of the joint criminal enterprise. On or around 19 June 1994, in the Ste. Famille parish in Kigali city Father Wenceslas Munyeshyaka aided and abetted Lt. Colonel Laurent Munyakazi and Angeline Mukandutiye to kill seventeen young Tutsi refugees in that the said refugees were identified and taken away by Lt. Colonel Laurent Munyakazi and Angeline Mukandu.
{{Murder as a Crime against Humanity}}
On or about 13 April 1994 in Ste. Famille compound in Kigali city, Father Wenceslas Munyeshyaka killed an eighteen-year old Tutsi girl daughter of Rwanga Rose by shooting her death. On or about 13 April 1994 in Ste Famille compound in Kigali city, Father Wenceslas Munyeshyaka killed a twenty-year old Tutsi boy, son of Rwanga Rose by shooting her death.
On or about 13 April 1994 in Ste. Famille compound in Kigali city, Father Wenceslas Munyeshyaka killed a twenty-two-year old Tutsi girl daughter of Rwanga Rose by shooting her death.
On or about 17 June 1994 in Ste. Famille compound in Kigali city, Father Wenceslas Munyeshyaka instigated or aided and abetted an Interahamwe to kill a Tutsi girl named Hyacinthe Rwanga, alias bebe.
On or about 24 April 1994, at St. Paul pastoral centre in Kigali city, Father Wenceslas Munyeshyaka aided and abetted the killings of seven Tutsi civilians, including Emmanuel Rukundo, a journalist and moderator of the MDR, Rutsinduka Aresterique a construction engineer, and Mazimpaka a student by his presence during the abduction by Interahamwe, including Leonard Bagabo, who took them to Rugenge secteur office where they were murdered.
The abduction and killing were a natural and foreseeable consequence of the execution of the object of the joint criminal enterprise and Father Wenceslas Munyeshyaka was aware that the abduction and killing were a foreseeable and natural consequence of the joint criminal enterprise.
On or around 22 April 1994 at the CELA in Kigali city Father Wenceslas Munyeshyaka instigated or aided and abetted an Interahamwe to kill Christophe Safari, a young Tutsi man The above mentioned accounts are not mere fairy tales but the testimonies of Tutsi survivors who have sought refuge in Ste Famille Parish thinking that they will be safe.
The decision of the court reinforces the impunity Wenceslas Munyeshyaka has enjoyed until now.
Indeed, he has always denied the charges saying he had fled Kigali because Interahamwe militiamen “accused him of having protected the Tutsi.” In all these attempts of falsehoods, he has been supported by some the Catholic Church and some religious based organizations in France.
However, damning testimonies of survivors or even by genocide convicts in Rwanda have been unanimous that Munyeshyaka committed himself or helped to commit massacres and rapes on Tutsi refugees from Ste Famille Parish and Saint Paul.
In this sense, the analysis of the facts shows that there’s enough evidence about the charges for him to stand before the court.
CNLG deplores the attitude of the French prosecution that denies the Genocide against the Tutsi and calls for justice to be done and to end impunity for genocide masterminds roaming on the French soil.
It is clear that since 1994, France has become safe haven for those considered to be the brains of the genocide.
France has always refused to extradite alleged Rwandan genocide fugitives who found refuge on its territory, the Supreme Court consistently considered that genocide was not defined in 1994 in the Rwandan penal code. It is also surprising that it’s only the French judicial system does not render any value to judicial judgments pronounced by the Gacaca courts.
How could an oppressive and genocidal regime led by General Juvenal Habyarimana have criminalized in its penal code a genocide it was planning? No one can reasonably dispute the many unpunished crimes in which the Tutsi were victimized since 1959 and which led to their extermination in 1994 as the result of a policy of segregation that was officially established.
The repeated commitment of the French court not to extradite genocide fugitives on its territory in Rwanda under the pretext that the genocide was not criminalized in 1994 falls within the sole refusal to provide justice for victims, for political and not legal motives. Indeed, the Security Council itself voted Resolution 955 after the genocide with the mission to create an international criminal tribunal to try the perpetrators of genocide. And France passed the same resolution as a permanent Security Council member. This means that France understands that a crime that was not anticipated before in the criminal code of a state can be integrated into the legal system and tried after it was committed.
Moreover, a French law of 22 May 1995 recognized the jurisdiction of the French courts to judge the facts of genocide committed in Rwanda in 1994. If France itself accepts the principle of judging such facts, it proves that there is no other reasons that should impede the French to extradite Rwandan refugees alleged of such heinous atrocities. It is also surprising that only the French judicial system does not attach any value to judicial judgments pronounced by the Gacaca courts.
The position of the French court therefore raises many questions as to the weight it accords the genocide committed against Tutsis. In conclusion, the National Commission for the Fight against Genocide (CNLG) requests that investigating judges do not follow the Paris prosecutor in his indictment of a dismissal for Wenceslas Munyeshayaka, and further requests to override this requisition and requests for a trial to proceed as it was expected.
{{ Dr. BIZIMANA Jean Damascene
Executive Secretary }}
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