On 25th January 2021, Muhoza Primary Court remanded Maniriho for 30 days, a decision which he appealed against.
Following the appeal, the court rejected the request yesterday citing many reasons pinning him.
The court said that Maniriho admitted to have had sex twice with the child, impregnated her and gave her money to undergo abortion lest she abandons school.
The court revealed that cited reasons are enough to pin him for suspected crimes.
As Maniriho appeared in Musanze Intermediary Court on 3rd February 2021, he claimed to have admitted these crimes because he was threatened with a gun pointed to his head and inflicted body harm in detention.
Musanze Intermediary Court insisted the decisions by Muhoza court are founded and upheld 30–day remand because he is suspected of cruel crimes and would tamper with investigations once released.
It was also decided that his concerns will be analyzed as trial begins in depth.
Maniriho was arrested on 9th November 2020. He is suspected of defilement, facilitating abortion and causing death of Iradukunda Emelance aged 17.
During trial proceedings; Kamariza Olive, the victim, and wife of Ndabereye wrote a message on her Twitter account in January 2020 showing a picture of herself after Ndabereye violently beat her injuring a large part of her scalp.
She also mentioned several instances where her husband abused her despite continuous mediation where both her husband’s family and hers tried to mend their relationship.
On 27th February 2020, Musanze Intermediary Court handed him five-year sentence and fines worth Rwf 1 million. Ndabereye immediately filed an appeal to the High Court’s Detached Chamber of Musanze.
He recently appeared in court on 5th January 2021 where he admitted charges against him but appealed for lessened penalties.
The court has adjourned the ruling that was expected to be read yesterday so as to adhere to COVID-19 preventive measures.
The ruling has been set for 3rd February 2021.
Ndabereye Augustin was arrested on 30th August 2019. The crime of assault took place during the night of August 29 last year at the couple’s home in Musanze town.
The resolution follows the investigation carried out in 2018 where judges confirmed that Bucyiruta has to be tried for genocide crimes perpetrated in Gikongoro Prefecture which he was leading.
At the time, his defense lawyer, Ghislain Mabonga Monga told AFP that his client appealed against the decision. However, Paris Court of Appeal on Thursday retained the decision to try the suspect.
Bucyibaruta Laurent was born in Musange in 1944. He was the leader of former Gikongoro Prefecture from 4th July 1992 until July 1994.
He is accused of being among prime suspects who prepared and executed Tutsi killings in former Gikongoro Prefecture.
In 1997, he fled to France where is has been living up to date. France has been accused of granting refuge to genocide perpetrators roaming freely without facing justice or delay court cases for some suspects.
In 2000, organizations umbrella of genocide survivors and human rights activists submitted a request to bring Bucyibaruta to book for role in the 1994 Genocide against the Tutsi which had not yet been done prior to the decision.
The court has made the ruling today and requested the prosecution to investigate if the suspect has no sexually transmitted diseases.
The court explained that outcomes from investigations will help to determine the severity of the punishment if the suspect is found guilty.
If found guilty and if investigations show that the suspect has mental health problems, he will not be subject to any punishment but rather will be taken to health facilities for medical attention.
Article 85 of the Law No 68/2018 of 30/08/2018 determining offenses and punishments and stipulates that ‘a person is not liable to punishment if he/she had intellectual disabilities by the time he/she committed the crime’.
Outcomes from investigations will be heard on 14th January 2020.
Appearing in court at the previous hearing, the suspect confessed to have committed the crime and prosecution sought a life sentence for the 19-year-old man.
Prosecution said that defiled children are in the age bracket of 7 and 14 from Nyamabuye cell, Gatsata sector of Gasabo district where the suspect lives.
The suspect reportedly lured the boys with car toys he made.
The case went to the public when a child claimed to have suffered from anus pain and told grandmother that a neighbor who defiled him didn’t provide a promised toy.
Other victims revealed the truth that the case was reported to local leaders.
The suspect is alleged to have defiled the 17 children between August and October this year.
Children were taken to Isange One Stop Center at Kacyiru for medical attention.
During the ruling held yesterday, the presiding judge Isabelle Riziki declared them innocent and ordered their release on grounds of failure to find evidence pinning them.
The acquitted officials include Executive Secretaries of four sectors including Janvier Ntihinyuka of Murunda, Mpirwa Migabo of Nyabirasi, Alida Ikizihiza of Rusebeya and Sylvestre Bisangabagabo of Kivumu.
Others include the Director of Administration and Finace in Rutsiro district, Alexis Basabose; Ngabo Fadhil Emmanuel, district engineer; Kamana Jean Marie, Division Manager for Corporate Services and Munyamahoro Cyato Justin, the Accountant.
The court also acquitted land managers namely; Nshizirungu Emmanuel of Nyabirasi, Sekamana Théophile of Ruhango, Kagaba J. Baptiste of Mukura, Murari Richard of Murunda and Ndagijimana Aloys of Kivumu sector.
Uwamukiza David, the contractor supplying equipment for the construction of VUP roads also connected to the case was acquitted.
Upon arrest, the employees were suspended for six months asn investigations were underway on suspected connivance in misallocation of funds meant for the construction of VUP feeder roads.
The mayor of Rutsiro district, Ayinkamiye Emerance said that the district will consider legal provisions for the acquitted employees.
It was said that suspects had connived to pay out a contractor before and the equipment were never delivered.
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 last year 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 is tried in absentia because he has not yet been captured.
Another group connected to the case includes Corporal Viateurv, 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.
The 31 co-accused were present in court except Private Ruhinda tried in absentia.
Prosecutor Capt Jacques Rugamba has requested the Military High Court to accept the request of the prosecution based on provided evidences.
He also requested the court to consider 10-year sentence separately for the crime of joining irregular armed group.
“We seek ten-year sentence for 30 of 32 suspects excluding Major Rtd Habib Mudathiru and Pte Muhire Dieudonne. They particularly conspired with founders of the armed group because Mudathiru was involved in recruitment for P5 and training recruits how they would plot a war against the Government of Rwanda. We request 15-year sentence for him and Pte Muhire Dieudonne,” he said.
On the accusation of maintaining relations with a foreign government with the intent to wage a war and formation of or joining a criminal group, the prosecution sought 25-year sentence for suspects in the group led by Mudathiru.
On the accusation of forming a criminal group, the prosecution requested 10-year sentence for all the 32 suspects.
The prosecution also sought 20-year sentence for all the 32 suspects over terror activities.
On the charge of conspiracy against the established Government, the prosecution requested life sentence for each of the 32 suspects.
Pte Champagnat Igitego also faces genocide ideology charge for which the prosecution demanded 7-year sentence and Rwf 1 million fines.
On the accusation of escaping the military, the prosecution requested 2-year sentence for Pte Muhire Dieudonne and Pte Ruhinda.
“Finally, we request the Military High court to consider the article 61 and 62 of the penal code determining crimes and punishments, and approve the presence of a coordinated terror activities. Thus, the court should hand the heaviest punishment to all the 32 suspects, life sentence to everyone,” stated the prosecutor.
The prosecutor, however, told the court to consider that Muhire Pacifique facilitated processes by admitting and apologizing for all crimes which should be taken into account while making the judgment.
The prosecutor explained that heavier punishments determined by laws would leave a lesson to those seeking to join terror groups intending to destabilize Rwanda’s security.
Following the request for life sentence, suspects requested the court to alleviate their punishments and apologized to the Government and Rwandans.
The hearing is expected to be concluded on tomorrow when the court will announce dates for reading the ruling.
This was unveiled yesterday during an interactive session of police with the media where RIB was asked why it doesn’t immediately inform relatives of arrested suspects.
Ndayizera was paraded to the media in November last year at the headquarters on RIB in Kimihurura after his family had reported him missing.
RIB Secretary General Jeannot Ruhunga explained that the institution normally alerts relatives immediately when a suspect is arrested but it couldn’t be possible with the case of Ndayizera.
“Ndayizera had a plan to burn Kigali city which he admitted. What do you think was more urgent between the rights of Kigali residents and knowing where Ndayizeye is detained? And he had accomplices who were to detonate the bombs,” he explained.
“Ndayizera had 10 accomplices at the time of his arrest. If his arrest was disclosed immediately it could not lead to the arrest of those accomplices,” added Ruhunga.
As Ndayizera was paraded before the media, RIB displayed dynamite he was caught with in Nyamirambo which the suspect intended to use to antagonize security.
Terrorism is punished under article 19 of the antiterrorism law. It stipulates that any person who attempts, takes part or supports terrorism acts commits a crime and upon conviction, he shall be liable to a penalty of not less than 15 years of imprisonment but not more than 20 years.
IGIHE has learnt that Mukakarangwa had a trading company registered under the names of her brother and won tenders to supply furniture to almost all SACCOs across the country.
The spokesperson of RIB, Modeste Mbabazi has confirmed the arrest.
“She was arrested and is interrogated on alleged crimes related to favoritism in decision-making,” he said.
The Director General of the Rwanda Cooperative Agency (RCA), Prof. Jean Bosco Harelimana declined to comment on the arrest but explained that they are following up the case.
Mukakarangwa is detained at Kicukiro Police Station.
Information from the prosecution indicates that the duo is being interrogated for alleged complicity in the misuse of funds worth Rwf 249 million in One Laptop Per Child Project that is under REB.
John Rutayisire was the first director of REB when the institution was created in 2011 out of merger of different institutions under the education sector including Rwanda National Examinations Council (RNEC), Teacher’s Service Commission (TSC),The National Curriculum Development Centre (NCDC) and Student Financing Agency for Rwanda (SFAR).
He served until 2015 when he handed over to Gasana who served until 2017.
Gasana was replaced in February 2017 by Dr. Irenée Ndayambaje who is still in service.
One Laptop Per Child was initiated in June 2008 with the aim of making Rwanda a technology hub.
So far, over 270,000 laptops of XO brand have been given to over 1500 primary schools.
The project had numerous problems jeopardizing its implementation. Some of them were reported stolen while others were kept idle at schools with no access to electricity among other inconsistencies.
The 2016 Auditor General report indicated that 583 laptops worth Rwf 101,607,187
under the project were kept in school stores across the country instead of giving them
to beneficiaries.
In 2016, Col. Always Simba requested for his early release as he had ended the 2/3 of his sentence.
However, the Government of Rwanda opposed his request as it would be against interests of genocide survivors.
In its submission to the Mechanism, Rwanda provided a detailed opinion from an expert in the trauma of genocide victims, who personally interviewed some survivors and reviewed statements from others.
She described how Simba’s release would cause untold trauma for survivors of Kaduha Parish and the Murambi Technical School, where children saw their parents murdered, and parents saw their children murdered. “But Judge Meron somehow overlooked all of this to offer Simba leniency.”
According to a statement released by the Ministry of Justice on Thursday, Judge Theodor Meron who was President of International Residual Mechanism for Criminal Tribunals (MICT) released [Aloys] Simba with utter lack of transparency and the release occurred last week in secret.
The statement says that Judge Meron has yet to make his order public, and he shielded it for days from the rest of the Mechanism. Rwanda was also kept in the dark. Such unchecked, underhanded unilateralism has no place in the administration of international law.
“Judge Meron is aware of Simba’s responsibility for the massacre of more than 40,000 Tutsi children, women and men at Murambi Technical School. Likewise, he knows that at Kaduha Parish, Simba put traditional weapons, guns and grenades into the hands of mass murderers and ordered them to “get rid of this filth” before they converted what should have been a place of refuge into a human slaughterhouse,” it says.
“He should have served his entire prison term,” the statement notes.
Judge Meron was named by the UN Secretary General, Antonio Guterres as President of the UNNICT for an additional six months mandate slated to end on January 18th, 2019.
The Government of Rwanda says that during his tenure as President of the MICT, “Judge Meron has consistently reversed convictions, considerably reduced sentences on appeal, and released early genocidaires responsible for the worst massacres with no regard for the victims and survivors.”
In his last days as President of the International Residual Mechanism for Criminal Tribunals, the statement says, Judge Meron cemented his legacy of undermining international criminal justice by releasing Aloys Simba in the dark of night, eight years before the end of his sentence.
The Government of Rwanda says it cannot know whether Judge Meron released Mr. Simba for health concerns, something the Government of Rwanda might not necessarily oppose. “Kept in the dark, however, it cannot know whether this is the case.”
The Government of Rwanda urges the next President to take more seriously the law and the facts, when reviewing applications for early release.
“We likewise urge the next President to operate in an open and transparent manner, so that the Government of Rwanda and others with an interest in the cases pending before the MICT have notice and a reasonable opportunity to respond to pleadings and orders,”
Col. Aloys Simba, 81, served as Presidential Advisor on Security in former Gikongoro and Butare Prefectures before the 1994 Genocide against Tutsi.
