Sarkozy, 66, is unlikely to go to jail despite Thursday’s ruling.
He is expected to appeal the sentence, a move that will in effect suspend it.
The judge said he could serve the sentence at home with an electronic tag.
Sarkozy, France’s president from 2007 to 2012, was accused of having spent almost twice the maximum legal amount of 22.5 million euros ($26m) on a re-election bid that he lost to the Socialist Party’s Francois Hollande.
Part of the sum was allegedly used to fund extravagant campaign rallies and then hire public relations agency Bygmalion to mask the real cost of the events.
At Sarkozy’s five-week trial in May and June, the prosecution portrayed him as having a “cavalier” attitude to the public money available to candidates during campaigning, saying he ignored warnings from his accountants about the ballooning costs.
Al Jazeera’s Natacha Butler, reporting from Paris, said the court’s judge had concluded it was “clear that Sarkozy must have known that his campaign team were spending over the legal limit”.
The verdict was harsher than expected, she said, adding that with the latest conviction, Sarkozy’s political career was definitively “over”.
“Prosecutors had asked for a year-long sentence but with six months suspended,” she said.
“And in terms of the symbolism, it won’t be lost on the public that this verdict sends out a message to political candidates and parties that they cannot just act with impunity,” she said.
France is heading into a presidential election next year.
{{Sarkozy denies wrongdoing}}
The ruling came after Sarkozy was found guilty on March 1 of corruption and influence peddling in another case. He was given a year in prison, and a two-year suspended prison sentence in that case, but is free pending an appeal.
Sarkozy, who was not present in court on Thursday, has repeatedly denied wrongdoing in both cases.
He told the court in June that he had not been involved in the logistics of his campaign, nor aware of how money was spent during the election run-up.
“Can you imagine me going into a meeting to discuss the cost of flags?” he said, before claiming he had “too much to do”.
“From the moment I was told things were in order, I had no reason to give it more thought.”
But the court ultimately decided Sarkozy was made aware of the overspending, that he did not act on it and that it was not necessary for him to approve each individual expenditure to be responsible.
Rusesabagina was arrested in August last year. He has been undergoing trial along with 20 co-accused terror suspects including Callixte Nsabimana alias Sankara, the former spokesperson for the terror group.
The suspects face 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 the aforementioned terror group 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.
During trial proceedings, the Prosecution sought life sentence for Rusesabagina and 25 years for Callixte Sankara.
Among those sentenced was the FLN’s commander and spokesperson, Callixte Nsabimana, who was arrested in 2019. Prior to this, he had claimed responsibility for the 2018 attacks, and had announced plans for further attacks. He has been sentenced to twenty years in prison, having pleaded guilty to most charges.
Another FLN spokesperson, Herman Nsengimana, was sentenced to five years in prison. A member of the CNRD (Conseil national pour la renaissance et la démocratie), Nsengimana was arrested in 2019 in Congo’s South Kivu province along with over 400 other CNRD insurgents.The CNRD is a splinter faction of the Congo-based FDLR (Democratic Forces for the Liberation of Rwanda). It was led by FLN co-founder Colonel Wilson Iratekega until his death in January 2020.
Also convicted was the FLN’s founder, Paul Rusesabagina, who was sentenced to twenty-five years. Prior to the trial, Rusesabagina publicly admitted to founding the group as the armed wing of his political party, the Rwandan Movement for Democratic Change (MRCD). He had repeatedly expressed support for the group’s activities including after the 2018 attacks.
Rwanda Government Spokesperson, Yolande Makolo has said that the ‘lengthy trial has exposed the terrorist activities of the FLN group led by Rusesabagina’ noting that the ruling has delivered justice.
“The evidence against the accused was indisputable, and the people of Rwanda will feel safer now justice has been delivered. The trial has been a long and painful ordeal for the victims of FLN attacks, particularly for those who were called upon to testify. Our thoughts today are with these brave witnesses, and the family and friends of the victims,” she said.
{{What to know about the case involving terror suspects }}
1) The first FLN attack took place on 19 June 2018, in Nyabimata, Nyaruguru District. A subsequent attack took place nearby, in Kitabi, Nyamagabe District on 15 December 2018. Nine Rwandan civilians lost their lives in the attacks. The victims included two children: Ornella Sine Atete (13), and Isaac Niwenshuti (17).
2) In December 2018, Callixte Nsabimana, also known as “Sankara”, took to international radio and social media to announce that the FLN had claimed responsibility for these attacks. He was arrested in April 2019, and immediately pled guilty to 16 charges of terrorism.
3) The FLN is the military arm of the PDR-Ihumure party founded by Paul Rusesabagina, and the Rwandan Movement for Democratic Change (MRCD) political coalition which he led.
4) Also in December 2018, Rusesabagina issued a statement on the MRCD-Ubumwe YouTube channel (later removed but can be found here) as the “President of MRCD-FLN”. In the statement he announced that the FLN had “launched a military struggle to liberate the Rwandan people”, and that “the time has come for us to use any means possible to bring about change in Rwanda”. He pledged his “unreserved support that our youth, the National Liberation Forces, launches against the Kagame army, in order to free the Rwandan people”.
5) On 21 October 2019 Belgian Police searched Rusesabagina house in Brussels and on 13 May 2020 Belgian Prosecution Authority sent to NPPA evidence obtained from the inspection of computers and telephones seized during the search.
6) On 31 August 31, 2020, the Rwanda Investigation Bureau announced that Mr. Rusesabagina was in its custody. He had been the subject of an arrest warrant and was subsequently charged with multiple offences, including terrorism for founding the National Liberation Front (FLN).
7) On 3 December 2020, the High Court Chamber for International Crimes agreed to the request to merge the trial of Mr. Rusesabagina and his co-accused.
8) The trial was initially scheduled to begin on 26 January 2021 was postponed due to COVID concerns. Proceedings eventually commenced on 17 February 2021. A live stream of the trial, including one with English translation, was available online throughout.
9) The court was also shown various documents, including e-mail message records, revealing that Rusesabagina was in direct contact with Antoine Hakizimana (aka Gen Jeva), commander of the FLN’s operations in the northern region of the DRC. In the exchange, Hakizimana updated Rusesabagina on the group’s current military operations and asked him for additional financial assistance. Rusesabagina thanked him for the report and promised to provide funding.
10) Further evidence was provided by Dr. Michelle Martin, an American human rights activist and professor, and former volunteer at the Chicago-based Hotel Rwanda Rusesabagina Foundation. In her testimony, during which she displayed and read items from Rusesabagina’s personal e-mail correspondence, she expressed her belief that the foundation “operated as a political organisation whose apparent primary goal was overthrowing the Rwandan Government”.
The suspects are accused of connivance in making forged documents.
COPCOM accuses the suspects to have misallocated over Rwf1, 709,575,648 from.
During previous hearing, suspects denied accusations claiming that they are linked to poor management which has mired the cooperative.
As the court resumed the hearing on 10th September 2021, some of suspects said that they cannot proceed in the absence of co-accused with medical records confirming their sickness.
Other suspects requested enough time to analyze their dossiers before trial begins in substance.
In consideration of the medical records, the court has adjourned the trial to 27th September 2021 from 8a.m.
The verdict which was initially scheduled on Friday 20th August has been postponed to 20th September 2021 at 11a.m.
Rusesabagina who was the President of MRCD-FLN terror group was arrested in August last year. He has been undergoing trial along with 20 co-accused terror suspects including Callixte Nsabimana alias Sankara, the former spokesperson for the terror group.
The suspects face 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 the aforementioned terror group plotted attacks to Rwanda which claimed lives of innocent residents in the Southern Province.
During trial proceedings, the Prosecution sought life sentence for Rusesabagina and 25 years for Callixte Sankara.
Dr. Rutunga, 72, who is currently detained at Nyarugenge Prison, was recently deported from the Netherlands where he spent more than ten years.
He is charged with crimes including complicity in committing Genocide and extermination as a crime against humanity.
During the previous hearing, the Prosecution accused Rutunga to have committed the crimes between April 26 and 30, 1994 in former Butare Prefecture currently in Huye district where he was working as the Regional Director of the Rwanda Agricultural Research Institute (ISAR-Rubona).
It is said that Dr. Rutunga invited Interahamwe militia to kill over 1000 Tutsi who fled to ISAR Rubona during the 1994 Genocide against Tutsi.
He later fled to foreign countries and was denied asylum status by the Netherlands in 2000.
He worked partially as a researcher at Wageningen University in The Netherlands prior to his arrest in 2019.
Dr. Rutunga was born in 1949 in the former Ruhengeri Prefecture, currently Gakenke district in the Northen Province.
During the 1994 Genocide against Tutsi, he lived in what is today Rubona village, Kiruhura cell, Ruhashya sector, Huye district in Southern Province.
Munyenyezi was deported from the United States of America (U.S.A) to Rwanda in the night of 16th April 2021 after completing 10-year sentence handed by US court for making false statements on her role during Genocide against Tutsi to obtain nationality.
Her pre-trial hearing began on 28th April 2021.
Munyenyezi is facing seven charges linked to her role in Genocide and crimes against humanity. She faces charges of manslaughter as Genocide crime, preparation of Genocide, direct or indirect mobilization to perpetrate Genocide, conspiracy during Genocide, extermination as a crime against humanity and conspiracy to commit rape.
The ruling was read on Monday 10th May 2021 in presence of the accused and one of her defense lawyer, Pierre Célestin Buhuru.
The court read that the decision considered analysis of the suspect’s objections and major reasons cited by the Prosecution.
Based on legal provisions, the court cited serious grounds of merits presented by the Prosecution to suspect Munyenyezi of accused crimes and ruled the remand of 30 days awaiting trial.
Munyenyezi said that extending her detention would worsen health conditions but the court ruled that her objections are not founded.
The court reminded Munyenyezi and defense lawyers that they have only three days to appeal against the decision.
Munyenyezi said she was not satisfied with the decision and filed an appeal.
During the previous hearing, the Prosecution alleged Munyenyezi to have committed suspected crimes in former Butare Prefecture currently in Southern Province.
Ntamuhanga who was tried in absentia has been sentenced to 25 years while Ndayizera was handed 10-year sentence.
The two men have been tried along with 12 co-accused people on account of three charges including plans to manufacture dynamite bombs which would be detonated in different parts of Kigali specifically targeting public infrastructures including power plants and fuel depots.
The duo was involved in the same case with deceased Kizito Mihigo.
The 14 people involved in the case faced three terrorism charges with Ntamuhanga as the main financier of the plot.
Prosecution told the court that Ndayizera had communicated with Ntamuhanga, (who had previously been sentenced to 25 years on terrorism and treason charges and escaped later in 2017) to finalize plans to make explosives using dynamite.
Ndayizera, a former freelance journalist of BBC Gahuzamiryango was arrested with explosives in 2018.
The Prosecution said that they would detonate these explosives using mobile phones and later escape through Uganda after finalizing their plans.
They had hired a group of people to lay these explosives in targeted locations including Jali Power Station, Nyabugogo near the butchery and other places including Maison de Jeunes in Kimisagara.
During trial proceedings, the Prosecution said that Ntamuhanga requested Ndayizera to hire someone who can manufacture wirelessly controlled explosives that can be detonated using mobile phone.
The Prosecution also alleged that Ndayizera and Ntamuhanga had plans to detonate explosives to destabilize established leadership.
It was said that Ndayizera had rented a house in the Southern Province district of Muhanga at Rwf 70,000 where the dynamite bombs would be made.
He had hired Eliaquim Karangwa, who had knowledge on making explosives using different materials.
The court said that Ntamuhanga was accused by Ndayizera based of the fact that they held negotiations where the latter asked him if he could find someone to make explosives.
It is said that Ndayizera and Karangwa came up with the budget of UD$15,000 to make the explosive devices. They shared with Ntamuhanga who claimed that the amount was high that he could only afford UD$1500, which he considered enough to make the bombs.
The Prosecution also revealed that Ndayizera and Karangwa used code language to disguise their activities.
The court revealed that there are enough evidences that Ndayizera and Karangwa admitted their plans with Ntamuhanga to detonate bombs.
It is said that Ndayizera had previously pleaded guilty to the charges and said that he was misled by different individuals that he wrote to different institutions apologizing for his actions and seeking forgiveness.
Karangwa also pleaded guilty but claimed that he was not aware of the purpose of the explosives.
The court said that what they admitted during investigations is evidenced by WhatsApp messages exchanged with Ntamuhanga showing Ndayizera’s research on ‘Dynamite’.
It was also revealed that Karangwa and Ndayizera conspired with Ntamuhanga to detonate explosives.
The court convicted Ntamuhanga, Ndayizera, Karangwa and five co-accused of plots to unlawfully use explosives in public places and conspiracy to commit acts of terrorism.
The court however acquitted them of plans to destabilize or overthrow established leadership by means of war or other powers.
Ntamuhanga was sentenced to 25 years considering for being a major mastermind, while Ndayizera, Karangwa and five of his colleagues were sentenced to 10 years in prison because their activities were neutralized before happening.
The court also acquitted the remaining six co-accused and ruled their release.
The warning follows separate operations in different parts of the country where people have been arrested in illegal social gatherings.
In the latest operation conducted on Tuesday, April 27, RNP arrested eight people in Kiyovu Cell, Nyarugenge Sector, Nyarugenge District where they were found in a bar drinking.
The group, which also violated the curfew, was caught at about 11pm.
Under the national Covid-19 prevention directives, bars remain closed and movements are prohibited from 9pm to 4am, except for those with permission.
The eight violators were on Wednesday, April 28, showed to the media at Kigali Metropolitan Police Headquarters in Remera, Gasabo District.
Among the arrested violators include Faustin Nshimyumukiza, the chief of Ingenzi village in Kiyovu cell, who was also found drinking.
“We violated the government directives; it is true Police found me and my colleagues in the bar drinking but it was also during hours when everyone is supposed to be home. I broke the guidelines both as a Rwandan and as a leader, who should lead by example. For that, I ask for forgiveness,” said Nshimyumukiza.
RNP spokesperson, Commissioner of Police (CP) John Bosco Kabera, said concerned local residents tipped-off the Police about the bar, which was open with customers inside drinking, but also operating during curfew hours.
“At about 11pm, Police was tipped-off by residents that there are people gathered in a bar drinking. Police responded to the information and found eight people at the same bar drinking, among whom was the village chief,” said CP Kabera.
He added: “Anyone flouting the government directives will be arrested. It is embarrassing to see the chairman of the village, who should lead by example and guide others to adhere to government guidelines, instead he joined them to undermine the safety guidelines.”
The RNP spokesperson thanked those, who continue to adhere to the government directives to contain Covid-19 pandemic.
He further warned local leaders and other members of the public, who derail government efforts against the pandemic and expose other people at risk.
The violators were educated on the government directives and health practices to contain the virus and also fined for the violation.
Munyenyezi Munyenyezi is facing seven charges linked to her role in Genocide and crimes against humanity. She faces charges of manslaughter as Genocide crime, preparation of Genocide, direct or indirect mobilization to perpetrate Genocide, conspiracy during Genocide, extermination as a crime against humanity and conspiracy to commit rape.
She appeared before court for the first time with her defense lawyer, Gatera Gashabana. The second defense lawyer, Buhuru Pierre Célestin was not present.
Gatera told the court that they were informed of the hearing in the evening of Tuesday 27th April 2021 before sending files to the client and sitting with her for preparations.
Gatera told the court that he met with his client once on Tuesday and spent together 20 minutes only. He requested the court to adjourn the hearing for further preparations.
Gatera said that his client was not granted access to documents connected to her case.
Munyenyezi was deported from USA to Rwanda in the night of 16th April 2021 after completing 10-year sentence handed by US court for making false statements on her role during Genocide against Tutsi to obtain nationality.
Gatera told the court that they wrote to her clients’ defense lawyers in USA to send evidences connected to Munyenyezi’s hearing.
Munyenyezi has also said, she didn’t receive her files, that she should be granted access to the archives brought from USA and be allowed to speak to her family.
The Prosecution explained that the lawsuit was filed to the court on Monday noting that the suspect has rights to review her files and consult with defense lawyers once the court analyzes the request and confirms another date.
The court postponed the hearing to Wednesday 5th May 2021 at 9am.
Munyenyezi and her children fled to Kenya after Genocide against Tutsi. She applied for US refugee status in 1995 disguising as one of people affected by Genocide.
Munyenyezi settled in Manchester, New Hampshire, with three young daughters in 1998 after claiming to have been persecuted in Rwanda.
She was granted US nationality in 2003.
Ten years later, she was stripped of US nationality on 21st March 2013 after Manchester Court in New Hampshire State convicted her of complicity during the 1994 Genocide against Tutsi and making false statements to obtain nationality.
She appealed against the ruling in 2017 but the decision was retained.
Munyenyezi was born in 1970.
The sentence was read yesterday as the court announced the ruling yesterday for the case involving Mudathiru and 31 co-accused suspects belonging to P5 and FLN terror groups.
The suspects are segmented into two groups mainly the group comprising of 25 led by Rtd Major Mudathiru Habib (a former RDF soldier) facing charges including formation and being part of an irregular armed group or joining it, conspiracy against the established Government or the President of the Republic, maintaining relations with a foreign government with the intent to wage a war and formation of or joining a criminal group.
They were captured in 2019 in terrorism activities in the Democratic Republic of Congo (DR Congo), as part of an intensified campaign by the Congolese military against militia groups operating in the country. The 25 suspects were extradited to on 18th June 2019.
Another suspect connected to the case is Pte a Jean Bosco Ruhinda who escaped to DRC forests. He was tried in absentia because he has not yet been captured.
Another group connected to the case includes Corporal Viateur, Corporal Jean Bosco Dusabimana and Private Champagnat Igitego led by Pte Dieudonné Muhire.
They are accused along with two civilians Pacifique Muhire and Richard Nzafashwanimana.
The group is accused of escaping the military, conspiracy against the Government or intending to overthrowing it by means of war or other powers, formation of a criminal group and subsequently seducing new recruits, and taking part of terror group’s activities.
During the previous hearing, the Rwanda Defense Force (RDF) Military Prosecution requested life sentence for 32 people accused of working with terror groups including P5 and FLN observing that they were all involved in coordinated terror activities.
The court read that Mudathiru pleaded guilty for accusations, accepted to have received support from Burundi, trained P5 militia to wage a war to Rwanda.
The fact that he pleaded guilty served the court to hand him a lenient punishment of 25-year jail term along with other co-accused including Pte Ruhinda Jean Bosco and Pte Muhire Dieudonné.
Nsanzimana Patrick and Lubwama Suleiman (a Ugandan) were handed 20-year sentence.
Other 18 suspects have been sentenced for 15 years while one suspect was acquitted of all charges. More three suspects have been handed 8-year sentence while two have been sentenced for five years.
Among others, Corporal Dusabimana Jean Bosco has been handed 1 year and six month sentence.
A motorcyclist, Nzafashwanimana Richard who was among accused suspects had been handed four-year sentence convicted of helping soldiers to escape.
