Testimony in the federal trial of Lazare Kobagaya, 84, accused of participating in the 1994 Rwandan genocide is expected to conclude during next week with defence lawyers resuming their efforts to convince jurors about the innocence of the accused.
According to news agencies , defense attorneys will put on the stand their last witnesses in the case of Kobagaya, who faces the loss of his citizenship and deportation if convicted. He is charged with unlawfully obtaining U.S. citizenship in 2006 and with fraud and misuse of an alien registration card in a case prosecutors have said is the first in the nation requiring proof of genocide.
U.S. District Judge Monti Belot has told jurors that they will not get their jury instructions or hear closing arguments until after the Memorial Day holiday. That would make May 31 the earliest day that the jury could possibly get the case and begin deliberations.
Jurors must decide if Kobagaya lied to U.S. immigration officials. The government alleges he purposefully concealed that he was actually living in Rwanda during the genocide by misrepresenting on an immigration form that he was in Burundi at the time. He is also alleged to have lied when he told authorities he had not engaged in genocide or committed any crimes for which he was not convicted.
More than 500,000 people were killed in Rwanda during 100 days of violence that began in April 1994. Most of the dead were ethnic Tutsi, while most of the killings were carried out by ethnic Hutu militias, before a Tutsi-led rebel movement took power.
The prosecution brought Rwandan witnesses to this country in an effort to prove that Kobagaya, a Hutu born in Burundi, ordered other Hutus in Birambo, the village where he lived at the time, to burn down the houses of their Tutsi neighbors. He is accused of stabbing a Hutu man who refused to join in the killings, forcing him to later kill another man for fear of his own life. Kobagaya is also accused of helping lead an attack up Mount Nyakizu where hundreds of fleeing Tutsis who had been massacred.
Defense attorneys brought their own Rwandan witnesses to testify otherwise.
Kobagaya’s son, Jean Claude Kandagaye, took the stand first for the defense to recount for jurors their family’s life as Burundian refugees in Rwanda and his father’s efforts years later to learn English so he could become a U.S. citizen.
The defense used Kandagaye — who filled out an immigration form for his father — to show jurors that the elderly Kobagaya did not understand English well and depended on others to translate documents and help him fill out immigration paperwork. Several people testified prisoners were pressured to confess and accuse others in order to be released from prison.
Among them was Jean de Dieu Maniraho, who told jurors that Kobagaya’s name was on a list of people whom Rwandan prosecutors and a Tutsi survivors’ organization wanted prisoners to accuse others as a condition of their release.
Maniraho testified the inclusion of Kobagaya’s name on the list caused “a lot of trouble” at the prison in 2005, triggering fights and arguments that divided prisoners from Nyakizu Commune into two groups. Some inmates didn’t want to accuse “the old man” of something he didn’t do. Others argued they had to do what the Rwandan government and a survivors’ group wanted.
Also taking the stand this past week for the defense was Francois Patrick Tuyisabe, who at the time of the genocide was an 18-year-old student home on vacation. He testified that Hutu children and elderly people were excluded from joining the attacks on Mount Nyakizu because of fears they would be killed in a fight. He told jurors that he saw Kobagaya at his home in Birambo during the attacks at Mount Nyakizu.