IGIHE

Category: Justice

  • Tanzania:Top education officials face 59m/- theft charges

    {Four top officials with the Ministry of Education, Science, Technology and Vocational Training were yesterday arraigned before a Dar es Salaam court on seven counts of embezzlement and misappropriation of public money and occasioning losses amounting to over 59m/-.}

    The accused are the Director of Education, Bakari Issa, Emmanuel Mayuma (Accountant), Hellen Lihawa (Deputy Director of Education) and Mbarouk Dachi, the Assistant Accountant.

    Before Principal Resident Magistrate, Wilbard Mashauri of the Kisutu Resident Magistrates’ Court in Dar es Salaam, the accused denied the charges and were granted bail on condition of availing two reliable sureties who will have to sign a bond of 50m/-.

    Besides the sureties and bond, the court ordered the accused not to travel outside Dar es Salaam Region without the court’s permit.

    The case was prosecuted by prosecutors with the Prevention and Combatting of Corruption Bureau (PCCB), Emmanuel Jacob, Fatuma Waziri and Denis Lekayo. Earlier, Defence Attorney Majura Magafu, for the first accused, had requested that the accused be granted bail, arguing the charges were ‘bailable.’

    But the prosecution, through Mr Jacob, requested the court to grant tough conditions to the accused as an assurance that they would report to court on regular basis. But counsel Magafu said the issue of conditions of bail was at the discretion of the court which alone could do so considering the nature of the charges.

    He informed the court that the accused were under PCCB bail for a period of six months and through that time they had been attending court proceedings as directed – without default.

    “This is a sign that the accused are trustworthy persons and they will abide to the court’s conditions, considering that the charges facing them are not very serious offences to make them disappear,” he said. Mr Magafu also requested the court to consider the bail and exercise leniency.

    Source:Daily News

  • France should facilitate investigations as we did -Prosecutor General

    {The Government of Rwanda’s prosecution has intensified efforts of calling upon France for collaboration in the investigation of 20 France nationals suspected of complicity in the 1994 genocide against Tutsi. }

    The call was geared up from 29th November 2016 few days after the National Commission for the Fight Against Genocide (CNLG) released a list of 22 French soldiers accused of involvement in 1994 genocide against Tutsi.

    Rwanda’s prosecution has said that talks will continue between both countries adding that ‘Rwanda can’t pressure France for reaction because the latter has own laws.’

    The prosecutor General, Jean Bosco Mutangana has told IGIHE that Rwanda wants France collaboration and respect of the international principle obliging countries to facilitate investigations following an example where France prosecutors were allowed to run investigations when they came to Rwanda.

    “France prosecutors came to check files of Rwandans suspected of genocide, we received and helped them .They got the desired results and we also sent witnesses in France,” he said.

    “The principle of facilitating each other obliges them to do the same. There is a way of holding trial in their country if they keep quiet. Other alternatives may be thought about if these processes fail,” he added.

    On 2nd February 2016, the outgoing Prosecutor General Richard Muhumuza received the delegation of French judges and prosecutors to investigate on dossiers of Rwandans fugitives in France suspected of involvement in the 1994 genocide against the Tutsi.

    Their talks revolved around improving cooperation between Rwanda, France prosecution and judiciary sectors.

    Following Rwanda’s request for collaboration to investigate France nationals, the State Minister in the Ministry of Foreign Affairs, Matthias Fekl said that the gravity of the tragedy in the genocide emphasizes need to hold a fair justice though the answer may not be provided soon.

    The prosecutor General, Jean Bosco Mutangana.

  • Tanzania tourist guide charged over ‘twisted translation’

    {A Tanzanian tourist guide has been charged in court with breaching cybercrime legislation after he wrongly translated a tourist’s comments in a video he put on Facebook.}

    Saimon Sirikwa was not asked to plead and was remanded in police custody.

    A second video selfie of him and the tourist has emerged in which they say they were joking in the original one.

    He was arrested last week for casting the tourism ministry in a “bad light”, police said.

    Mr Sirikwa works for the world famous state-run Serengeti National Park in northern Tanzania.

    In the original video posted on Facebook last Monday, he says in Swahili that the tourist wants Tanzanians to stop “complaining” about hunger.

    She, in fact, says Tanzanians are “fabulously wonderful”.

    Mr Sirikwa was arrested despite the fact that he had posted another video, saying he had been misunderstood.

    “I cannot tolerate any bad talk against my country. Whoever downloaded the video from my Facebook account then shared it on WhatsApp groups did not do the right thing,” he said in Swahili.

    “The video was just a comedy. It was for fun, and I know there are people who are offended by this video. It was not my intention to hurt anyone. I apologise to my fans and followers. Continue receiving entertainment, but just note my offensive jokes were misunderstood. Thank you,” he added.

    The woman, who also appears in the video, says: “Hi again, Part two of our video. We were just playing around. Saimon was being a comedian and we were doing a little joke on Facebook.”

    Mr Sirikwa goes by the nickname Pondamali, loosely translated from Swahili as “relax and spend your money”, reports the BBC’s Leonard Mubali from the main city, Dar es Salaam.

    He is known for his humorous videos, but many Tanzanians feel he went too far by giving a completely wrong translation of the unnamed tourist’s compliments, our reporter adds.

    Tanzania markets itself as “The Soul of Africa”, and is popular with tourists because of its wildlife and spectacular scenery.

    Mr Sirikwa appeared in court in the northern city of Musoma, following his arrest on the orders of Tourism Minister Jumanne Maghembe.

    Regional police commander Jaffari Mohammed told the BBC that there was enough evidence to prove that he had violated cybercrime legislation by putting up the video.

    The controversial law allows for a minimum fine of about $1,300 (£1,000) and a minimum jail term of three months for publishing false, deceptive or misleading information on a computer system.

    The law was introduced in 2015, despite complaints by politicians, social media experts and human rights activists that it gave the police “too much power” without adequate oversight.

    Some of the guide’s words were similar to those used by President John Magufuli, when he called on people at a rally last month to stop complaining about hunger, correspondents say.

    In excerpts of the original video, the conversation goes:

    Tourist: “Hi. My visit to Tanzania has been beautiful, gorgeous. The people are fabulously wonderful and friendly. Greetings are always jambo [the Swahili equivalent of Hello]. Happy to be here. The land is beautiful, beautiful. The animals are wonderful.”

    Guide (translating): “You Tanzanians complain/cry a lot about hunger. Everyday you cry about hunger when you have flowers at home. Why don’t you boil the flowers and drink [them]. It is not good to cry/complain about hunger.”

    Tourist: “The variety of animals and people you see is incredible, unlike anywhere else. It is just fabulous.”

    Guide: “You are asking your president to cook for you. Do you think your president is a cook? Can you get busy, even boil your clothing and eat.”

    Tourist: “It will be an experience to savour for all of your life. It is fantastic and beautiful and incredible and just unremarkable.”

    Guide: “Get busy in every corner of the country. The president can’t leave State House to cook for you. You have to cook for yourselves.”

    The guide and the tourist said they were doing a joke for Facebook friends

    Source:BBC

  • Ngombwa faces more than 10 years based on evidence of complicity in 1994 genocide against Tutsi

    {A federal judge ruled Wednesday that a man convicted last year of immigration fraud “actively participated in the 1994 genocide against Tutsi.”}

    That involvement will extend his time in prison.

    U.S. District Court Chief Judge Linda Reade issued a 48-page ruling, concluding Gervais “Ken” Ngombwa, 56, of Cedar Rapids, was a leader of MDR-Power, a Hutu extremist political party. MDR-Power participated with other Hutu groups in the 1994 genocide against Tutsi in Rwanda where over 1 million people were killed.

    Reade also said witnesses in Rwanda “credibly stated” that Ngombwa personally killed numerous Tutsi, transported and directed the youth militia to kill Tutsi, looted Tutsi property and led brutal attacks on Tutsi seeking refuge in locations, such as a local church and a priest’s compound.

    Ngombwa now faces nine to more than 10 years in federal prison.

    A jury convicted him in January 2016 of unlawfully procuring or trying to procure naturalization or citizenship, procuring citizenship to which he was not entitled, conspiracy to unlawfully procure citizenship and making a materially false statement to agents of the Department of Homeland Security in U.S. District Court.

    One procuring charge is to be vacated at sentencing, court documents show.

    Evidence at trial showed Ngombwa lied to authorities about his family relationships in an attempt to get his application approved for relocation as a refugee in 1998 and to later obtain citizenship. Testimony suggested that Ngombwa falsely claimed to be the brother of Faustin Twagiramungu, a former Prime Minister of Rwanda, who lives in exile in Belgium.

    The defense disputed Ngombwa’s participation in the genocide during trial and in other hearings. Ngombwa claimed he didn’t understand interpreters and authorities at refugee camps.

    Last May, Reade revoked Ngombwa’s U.S. citizenship and canceled the naturalization certificate he had obtained in November 2004 after he was convicted.

    In September, during the first part of Ngombwa’s sentencing, prosecutors presented testimony from multiple witnesses, among them agents from the Department of Homeland Security and a London professor who has researched recovery and reconciliation in Rwanda since 2002.

    The evidence showed Ngombwa was convicted in two courts in Rwanda for his genocide involvement.

    On Wednesday, Reade also found Ngombwa made several false statements in the course of the refugee resettlement process: failing to disclose names of numerous relatives living in Rwanda; claiming certain children were his own biological children with his wife, Antoinette Mukakabanda; claiming he hadn’t been married to another woman; and denying he had relatives in the military.

    Reade also cited Ngombwa for providing false statements to DHS agents during an April 2014 interview, committing perjury at trial, obstructing justice, intentionally setting fire to his Cedar Rapids home and submitting a false insurance claim for damages in 2013.

    Ngombwa is set to plead guilty to state charges of arson and insurance fraud in March, court documents show.

    Based on Wednesday’s ruling, the advisory guideline range is 100-125 months in prison. Reade said in the ruling that she could increase prison time based on the all the aggravating circumstances cited by prosecutors.

    “Defendant’s acts during the genocide were brutally violent and warrant significant punishment,” she said.

    Ngombwa is likely to be removed from the United States following his release from prison and he’ll likely face further consequences for his Rwandan court convictions, as well as pending prosecution by the Rwandan National Public Prosecution Authority.

    Reade said her final ruling on sentencing is to come March 2.

    [Judge: Rwandan convicted of immigration fraud faces more prison time->http://www.thegazette.com/subject/news/public-safety/judge-rwandan-man-convicted-on-immigration-fraud-faces-more-prison-time-based-on-participation-in-1994-genocide-20170208]

    Source:The Gazette

  • Russia’s Alexei Navalny found guilty of fraud

    {Kremlin critic gets five-year suspended sentence in retrial, which bars him from running for president in next election.}

    A court in a provincial Russian city has found opposition politician Alexei Navalny guilty in a retrial of a 2013 fraud case, which means that he cannot run for president next year.

    In a webcast hearing on Wednesday in Kirov, a city nearly 800km east of Moscow, Judge Alexei Vtyurin handed down a five-year suspended prison sentence and a fine of about $8,500 to Navalny for embezzling timber worth about $500,000.

    Navalny, 40, pledged to appeal against the “politically motivated” ruling and continue with his plans of challenging President Vladimir Putin in the forthcoming presidential elections even though the Russian law bars anyone convicted of a crime from running for a public office for 10 years.

    Igor Sutyagin, a senior research fellow in the Russian studies department at RUSI UK, says the verdict shows Putin’s weakness, “eliminating even tiny, but realistic” competition.

    “He announced his plans to run for the presidential election, but he wouldn’t have more than 10 percent,” Sutyagin, speaking from Oxfordshire, told Al Jazeera.

    “However, the Kremlin decided to get rid of any more or less realistic competition in this election, not risking even 10 percent. That is why Navalny was given this sentence.”

    “Putin is weak because he is not sure whether he can win against even the weakest opposition.”

    {{Room for Navalny}}

    Al Jazeera’s Rory Challands, reporting from Moscow, said the constitution gives some room for Navalny to still try to run in the election.

    “The constitution of the Russian Federation says that any citizen can stand for president as long as he is not in prison,” he said.

    “Navalny said he will continue his presidential bid as the constitution allows him and he will be appealing this conviction.”

    Authorities have accused Navalny of committing the crime while serving as an adviser to a governor of Russia’s central Kirov region.

    The previous guilty verdict was overturned by the European Court of Human Rights, which ruled that Russia had violated Navalny’s right to a fair trial.

    Navalny, the driving force behind massive anti-government protests in 2011 and 2012, had announced plans to run for the presidential office in December and had begun to raise funds.

    Source:Al Jazeera

  • US court grills Trump lawyer over ‘terror’ threats

    {Ruling on US administration’s travel ban expected soon after judges demand ‘terrorism’ evidence linked to seven nations.}

    A US federal appeals court has questioned whether a travel ban ordered by President Donald Trump unfairly targeted people from seven Muslim-majority countries.

    During an oral argument lasting more than an hour, a three-judge panel of the 9th US Circuit Court of Appeals pressed a government lawyer on Tuesday over whether the Trump administration’s national security argument was backed by evidence that people from the seven nations posed a danger.

    The San Francisco-based 9th Circuit said at the end of the session it would issue a ruling as soon as possible, thought to be this week. The matter is ultimately likely to go to the US Supreme Court.

    “I actually can’t believe that we’re having to fight to protect the security, in a court system, to protect the security of our nation,” Trump said on Tuesday.

    “This is a very dangerous period of time because while everybody is talking and dealing, a lot of bad people are thinking, ‘Hey, let’s go in right now’.”

    The president’s January 27 order barred travellers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering for 90 days and all refugees for 120 days, except refugees from Syria, whom he would ban indefinitely.

    The order sparked protests and chaos at US and overseas airports. Opponents also assailed it as discriminatory against Muslims in violation of the US Constitution and applicable laws.

    Minnesota and Washington states are challenging the ban.

    Lawyer August Flentje represented the Trump administration in court on Tuesday.

    When asked by the judges what evidence was used to connect the seven countries with attacks in the US, he said the “proceedings have been moving very fast” – without giving specific examples.

    “I’m not sure I’m convincing the court,” Flentje said at one point.

    Noah Purcell, solicitor general for the state of Washington, began his argument urging the court to serve “as a check on executive abuses.

    “The president is asking this court to abdicate that role here,” Purcell said. “The court should decline that invitation.”

    Trump frequently promised during his 2016 election campaign to curb undocumented immigration, especially from Mexico, and to crack down on “Islamic terrorism”.

    A federal judge in Seattle suspended Trump’s order last Friday and many travellers who had been waylaid by the ban quickly moved to travel to the United States while it was in limbo.

    Syrian immigrant Mathyo Asali said he thought his life was “ruined” when he landed at Philadelphia International Airport on January 28 only to be denied entry to the United States.

    Asali, who returned to Damascus, said he believed he’d be inducted into the Syrian military. He was back on US soil on Monday.

    “It’s really nice to know that there’s a lot of people supporting us,” Asali said.

    Michael Shure, a Los Angeles-based writer and political analyst, told Al Jazeera the legal battle was likely to be a long one for the Trump administration.

    “This is almost new law here, so when it was handed down in such a way lawyers felt ‘we can go to the courts with this – we can go and say this is unconstitutional’, which is what these lawyers are doing in San Francisco,” said Shure.

    Source:Al Jazeera

  • Former Minister Imena to appear in court for bail application hearing

    {The former Minister of State in charge of Mining at the Ministry of Natural Resources, Evode Imena is set to appear in Nyarugenge court on a yet-to-be established date in for a bail application hearing, the Public Prosecution Authority spokesperson has said. }

    He was arrested for on 27th January 2017 along with two other former workers of the ministry on allegations of nepotism during his time as state minister. }

    His co-accused are the former Director of mining inspection unit in the department of Mining, Francis Kayumba and the head of technical department in mining, Joseph Kagabo.

    Prosecution alleges that preliminary evidence links him to nepotism and abuse of office that involved illegal issuance of official documents.

    The former Minister of State in charge of Mining at the Ministry of Natural Resources, Evode Imena was arrested on 27th January 2017 along with two other former workers of the ministry on allegations of nepotism during his time as state minister.

  • Seyoboka bail hearing for Friday

    {Kanombe High Military Court has today heard the appeal of Second Lieutenant Seyoboka Jean Claude against the 30th January 2017 decision on to extend his remand for more 30 days. }

    Seyoboka and his defense lawyer, Albert Nkundabatware have requested to dismiss the recent decision of extending his remand to allow beginning of the trial.
    They both explained that the judge took the decision without reasonable cause and disregarded law provisions stipulating that a prosecutor has to request remand based on clear causes.

    Seyoboka and his defense lawyer further explained that the remand disregarded the fact that the court case has existed for more than 20 years yet the investigation had been carried within Canada justice departments and in Gacaca courts before his deportation to Rwanda.

    Nkundabatware has told court that the prosecution didn’t reveal the progress of the investigation which would serve as the basis to requesting remand extension.

    The prosecution has been represented by Capt. Kayihura Kagiraneza who said that investigations are ongoing, and have talked to more witnesses. He asked for more time to contact more witness because Seyoboka’s crime is grave in nature.

    The court ruling will be read on 10th January 2017.

  • US court rejects bid to immediately restore travel ban

    {Appeals court denies justice department’s request to immediately reinstate President Donald Trump’s immigration ban.}

    A US appeals court in San Francisco has denied an emergency motion filed by the justice department to reinstate President Donald Trump’s halted immigration ban.

    The decision from the US Court of Appeals for the Ninth Circuit means that the ban will remain frozen throughout the weekend, and that a decision on a further request to restore the ban will be put off until at least Monday afternoon.

    The justice department filed an appeal on Saturday to reinstate an executive order barring citizens from seven mainly Muslim countries and temporarily banning refugees, even as travellers raced to enter the country while the ban was lifted.

    The appeal aimed to reverse a federal judge’s Friday order that lifted the travel ban, warning the decision posed an immediate harm to the public.

    “Appellants’ request for an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal is denied,” the late-night appeals court order stated.

    The court asked those legally challenging the ban – the states of Washington and Minnesota – to provide documents detailing their opposition to the Trump administration’s appeal by the end of the day on Sunday.

    The justice department was given a deadline of 3pm (23:00 GMT) on Monday afternoon to supply documents further supporting its position.

    The state department said last week that up to 60,000 people had their visas revoked as a result of Trump’s ban, although a justice department lawyer put the number at closer to 100,000.

    The restrictions on all refugees and travellers from the seven countries went into effect a week ago, wreaking havoc at airports across the US and leaving travellers trying to reach the country in limbo.

    The political backlash for Trump has been equally severe, with the order driving numerous mass protests.

  • Tanzanian woman held in Delhi over 11bn/- ‘fine quality’ cocaine haul

    {A Tanzania woman identified as Pamela David Kiritta (41) is among two people who were nabbed last Friday in India with four kilogrammes of ‘fine quality Colombian cocaine,’ with a street value of US 500,000 dollars (about 11bn/-), ac-cording to media reports from New Delhi.}

    Ms Kiritta was arrested by India’s Narcot-ics Control Bureau (NCB) alongside a Zambian national Thelma Mkandawire (38) at a hotel in Mahipalpur.

    The anti-narcotics bureau says the seizure is the third haul in the past month.

    Contacted for details yesterday, Tanzania’s Head of Interpol, Senior Assistant Commissioner of Police (SACP) Gustavus Babile, said he was unaware of the arrest but pledged to make a follow-up on the matter.

    Reports indicates that NCB officials fficials are still searching for a South African national to whom the women were sup-posed to deliver the consignment.

    The Zambian woman is said to have flown to Delhi from Abu Dhabi on a Euro-pean Airline flight.

    A cavity in the bottom of her travel bag held the cocaine, which were packed in a plastic bag.

    “After the woman reached the Indira Gandhi International Airport the NCB team had her under surveillance,” disclosed Madho Singh, Zonal Director for NCB.

    He added: “Our team fol-lowed her when she left the airport and reached at hotel in Mahipalpur.

    Sometime later, another woman reached the hotel to receive the consignment. Our team stepped in and inter-cepted them both.”

    Officials in India said Ms Kiritta told her interrogators that she was staying at an apartment in Vasant Kunj since January, this year and was working on behalf of a man from South Africa.