Sankara appealed for leniency on Monday 31st January 2022 appearing before the Court of Appeal along with co-accused individuals convicted of terrorism charges.
On 20th September 2021, the High Court Special Chamber for International and Cross-border crimes convicted former President of MRCD-FLN terrorist group, Paul Rusesabagina of terrorism charges and handed him 25-year jail term while Callixte Nsabimana alias Sankara, the former spokesperson for the terror group was sentenced to 20 years behind bars.
The remaining nineteen co-accused individuals were sentenced from three to 20 years.
Following the ruling, the accused, plaintiffs and the Prosecution were given 30 days for appeal.
Later on, it was said that 13 of convicts and 74 survivors of FLN attacks who sought compensation expressed dissatisfaction with the judgment separately and filed an appeal.
During trial proceedings, 94 survivors of the attacks sought over Rwf1 billion but the court resolved that few of them would get compensated and the amount was below demanded compensation. Towards the end of last year; the Prosecutor General, Aimable Havugiyaremye said that the appeal was filed following dissatisfaction with verdicts.
He also revealed that the Prosecution was not happy with the acquittal of Rusesabagina on the formation of an irregular armed group and handed sentence among others.
Rusesabagina who did not appeal against the 25-year jail term, had boycotted the court during trial proceedings citing zero expectation of fair trial.
The convicts faced charges including the formation of an irregular armed group, membership of a terrorist group, financing terrorism, murder as an act of terrorism, arson as an act of terrorism, attempted murder as an act of terrorism, and assault and battery as an act of terrorism.
The crimes were committed since 2018 when MRDC/FLN combatants plotted attacks to Rwanda which claimed lives of nine innocent residents in the Southern Province.
They left many others gravely injured, and caused significant material and economic damage in South-West Rwanda.
As the appeal hearing resumed on 31st January 2022, only 19 convicts appeared before court in-person while Matakamba Jean Berchmans attended virtually from Mageragere Prison.
Today’s court session saw the accused appealing against their sentence. It was postponed on 28th January 2022 due to the absence of Herman Twajamahoro, the defense lawyer of three convicts.
Appearing before the court, seven of the accused individuals have requested lenient punishment while five sought suspended sentence.
The seven individuals seeking lenient punishment requested the court to consider different reasons including the fact that they are brought to court for the first time, pleading guilty during interrogations and trial in substance.
Sankara said the court needs to consider that the 20-year jail term deprived him of his chance to be reintegrated into Rwandan community, that he would complete the sentence in his advanced ages (57).
Sankara told the court that he endured suffering since he was aged 12 when he lost both parents and six siblings.
He told the court that having publicly distanced himself against his political party RRM and MRCD/FLN, his poor health conditions suffering from blood pressure and stomachache should be considered to hand him a lenient punishment.
Sankara said that he became an enemy of countries he accused of having supported FLN including Burundi, Uganda and the former President of Zambia, Edgar Lungu noting that he has become a changed man who want to be loyal to the Government of Rwanda where he is assured of safety and contribute to national development.
Among others, the former FLN spokesperson requested the court to consider the fact that there are FLN combatants who were taken to Mutobo Demobilization Center as well as other Genocide suspects who received lenient punishments and reintegrated into the Rwandan community after pleading guilty and apologizing.
“As I have been doing it during interrogation, to the Prosecution, High Court and in front of you, I apologize again for what happened and promise you to become an exemplary citizen, abiding by all laws of the country once you grant me the chance of receiving a reduced sentence to be reintegrated into Rwandan community,” Sankara said.
His defence lawyer, Jean Rugeyo also supported his clients’ request highlighting that Sankara has become a changed man ready to contribute to his nation’s development with no intentions to drag himself into criminal acts again.
The Presiding Judge, François Regis Rukundakuvuga asked Rugeyo what he thinks is inappropriate in the High Court’s decision. He replied that the court did not reduce the jail term as per client’s wishes.
Sankara said that he doesn’t want to be acquitted because he is aware of the severity of the crimes he committed but requested for a kind of punishment that rehabilitates him into a more responsible citizen.
The Prosecution has requested the court to reject the appeal noting that it is not founded.
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