Category: Justice

  • East African Court dismisses land dispute case against Rwanda

    Dr. Rurangwa claimed that while studying in the United States, his property located in Kimihurura, Kigali, was sold in what he describes as an illegal manner, ultimately acquired by a person named Ntabareshya Papias.

    In the lawsuit filed in 2019, Dr. Rurangwa claimed that his land was sold using a document falsely declaring his death, issued by the local administration in Kibangu, Muhanga District, his place of origin.

    He further explained that these documents were validated by a judge in the Local Court, enabling Ntabareshya to take possession of the property. Dr. Rurangwa argued that his lawsuit was based on the violation of the East African Community (EAC) laws, seeking to reclaim his property, as it was sold illegally.

    The representative of the Rwandan government denied Dr. Rurangwa’s allegations, stating that the government had no involvement in the transfer of his property. It was pointed out that the actions were taken independently by his wife, his sisters, and the buyer, thus the government should not be held accountable.

    The trial was scheduled for March 15, 2024, in Arusha, Tanzania. However, Dr. Rurangwa did not appear for the hearing despite being notified, while the Rwandan government was represented in court.

    The judges decided to dismiss the case due to the plaintiff’s absence from the hearing.

    The East African Court has dismissed land dispute case filed against Rwanda.

  • Ingabire Victoire’s request for rehabilitation rejected

    Ingabire requested the High Court to be granted rehabilitation after serving a sentence of 15 years in prison since her conviction on October 12, 2013.

    At that time, she was convicted of both conspiracy against the government and belittling the 1994 Genocide against the Tutsi and intentional spreading of rumors.

    The prosecution informed the court that Ingabire should not be granted rehabilitation because after her release, she engaged in activities that were not in line with what the President’s pardon had envisaged.

    The prosecution also demonstrated that Ingabire continued to act as a leader of the FDU-Inkingi party and the DALFA-Umurinzi party, both of which are considered illegal organizations in the country.

    The court considered whether five years would be enough for someone granted clemency to observe good conduct.

    It was also pointed out that during that period, from the day she was released on parole or early release, her behavior would be monitored.

    The prosecution argued that the second condition of the President’s pardon, granting Presidential Pardon, required Ingabire to apply for parole and disclose her place of residence.

    Other conditions included a prohibition from traveling abroad while requesting permission from the Minister of Justice to leave the country during her parole period until her sentence was completed.

    The provision suggests that everyone granted clemency by the President must fulfill what they are required to do.

    The court ruled that even though the law requires a request for clemency, it is only after five years of parole that the conditions set must be met.

    The court further ruled that if there are conditions for parole and presidential pardon, and they are not contradictory, rehabilitation should be granted.

    It was also emphasized that she must start by complying with the conditions set by the President’s Order before applying for rehabilitation.

    The court stated that her rehabilitation plea must be considered after the parole period.

    Her 15-year sentence was to end in 2025. This means that the time for her to apply for clemency is in 2030.

    Victoire Ingabire, after her trial, told reporters that she was not satisfied with the verdict where she can continue to count on her lawyers to to the court in two years or appeal to the East African Court.

    The High Court has rejected Ingabire Victoire’s request for rehabilitation.

  • Prosecution seeks life sentence for Béatrice Munyenyezi, defense requests acquittal

    During the previous hearing, the floor was predominantly given to the defendant’s side. However, on 28th February 2024, the prosecution also had the opportunity to present its case.

    The prosecution argued that based on the evidence available, Munyenyezi should be sentenced to life imprisonment for charges including planning genocide, inciting genocide, complicity in genocide, and complicity in rape as an act of genocide, all allegedly committed in the former prefecture of Butare.

    Munyenyezi and her defense team, on the other hand, argued for her acquittal and release, citing that during the 1994 Genocide against the Tutsi, she was at the Ihuriro Hotel owned by her mother-in-law Pauline Nyiramasuhuko, who was then the Minister of Gender and Family Promotion.

    They argued that Munyenyezi was with over 60 people at the hotel, suggesting that if crimes had been committed there, it would have been known.

    The prosecution accuses her of bringing girls to the hotel for her husband Shalom Ntahobari and the Interahamwe militia to rape.

    Munyenyezi denied these allegations, stating it would have been impossible for her to procure women and girls for her husband.

    She further argued that the roadblocks she is accused of participating in, where Tutsis were killed, were not places she had been to, as she was at the Ihuriro Hotel, taking care of her young child and was also pregnant.

    Félicien Gashema, one of the two lawyers representing Munyenyezi Béatrice, told the court that the prosecution’s request should not be granted as it has not provided sufficient evidence of the crimes her client is accused of.

    He stated, “The testimony of witnesses, when corroborated, is taken as truth, but the witnesses accusing [Munyenyezi] do not agree, therefore, our client should be protected by that .”

    The court’s ruling on Munyenyezi’s case, extradited by the United States, will be delivered on March 27, 2024.

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  • Alleged serial killer Kazungu pleads guilty: Prosecution seeks life sentence

    The prosecution detailed Kazungu’s alleged crimes, revealing that from April to September 5, 2023, he resided in a Kicukiro District house where bodies were discovered. The intervention stemmed from issues with the landlord, leading to a search uncovering human remains.

    Upon arrest, Kazungu confessed to killing and burying 13 people in the house, identifying some victims. Evidence and testimonies illustrated inhumane acts, torture tools, and victims’ accounts of brutality.

    The prosecution validated rape charges through a victim’s testimony. Kazungu admitted burying bodies in his kitchen, with accompanying photos. Theft, threats, and victims’ imprisonment charges were supported by written testimonies and evidence of stolen property.

    Additional charges included the destruction of a rented house, forgery, and unauthorized access to victims’ phones. Kazungu pleaded guilty, expressing remorse and asking for forgiveness. He denied poverty as a motive, acknowledging the impact on families and the Rwandan community.

    While the prosecution seeks a life sentence and a fine of Rwf 10 million, Kazungu pleads for leniency, vowing not to commit further crimes and recognizing the damage caused to families and the Rwandan community.

    Alleged serial killer Kazungu  has pleaded guilty.

  • U.S. Supreme Court hears case on Trump’s ballot eligibility

    Early January, the U.S. Supreme Court agreed to take up whether Trump can be disqualified from appearing on Colorado’s primary ballot after a ruling by the Colorado Supreme Court removed him from the state’s 2024 presidential primary ballot, citing the U.S. Constitution’s “insurrection clause.”

    The Colorado ruling cited the Section 3 of the 14th Amendment to the Constitution, which prohibits individuals who have engaged in insurrection from holding public office.

    Trump’s legal team is urging the justices to weigh several matters, such as whether the provision applies to Trump as a former president, whether he was involved in insurrection, and whether state and federal courts have the authority to enforce Section 3 without legislative action from Congress.

    Additionally, they contend that the provision cannot be invoked to bar Trump from the ballot because Section 3 solely prohibits someone from holding office, not from running as a candidate or being elected.

    The U.S. Supreme Court is expected to expedite the review of Trump’s appeal on his eligibility, with a decision likely to be announced a few days or weeks after the arguments.

    Highlighting his recent victories in the Iowa and New Hampshire primaries, the former president’s lawyers cautioned the justices about the ramifications of disqualifying Trump, asserting that it would lead to disorder and confusion.

    Trump leads the Republican primary race, and in some simulations, he is even ahead against Democratic contenders, including the incumbent President Joe Biden.

    Analysts believe that the Supreme Court’s ruling on Trump’s appeal regarding his candidacy qualifications may influence the direction or even the outcome of this year’s election.

    Former U.S. President Donald Trump is seen in the courtroom during his civil fraud trial at New York State Supreme Court in New York, the United States, on Oct. 18, 2023. (Jeenah Moon/Pool via Xinhua)

  • Kazungu’s trial postponed again

    Originally scheduled for January 12, this marks the third delay, with the latest rescheduling set for February 9.

    The latest delay is triggered by a general meeting held at Nyarungenge Intermediate Court.

    According to a statement signed by the President of Nyarugenge Intermediate Court, Mr. Adolphe Udahemuka, and posted in the usual premises of the court, all scheduled activities have been suspended.

    The document also indicates that those in need of judicial services can request them through the electronic IECMS system used by the courts.

    Kazungu, 34, from Kicukiro District in Kigali, was arrested by the Rwanda Investigation Bureau (RIB) in September 2023, facing 10 charges including murder, rape, and desecration of human remains.

    The defense cited insufficient preparation time during the previous hearing on January 12, with the court supporting the postponement to ensure the defendant’s right to legal representation and adequate defense preparation time.

    The trial involves individuals seeking compensation for their losses, and some were present at the court but were informed of the delay.

    Kazungu faces 10 charges including murder, rape, and desecration of human remains.

  • Trial of Kazungu adjourned again

    The decision to utilize Skype for the trial was made to streamline proceedings.

    As the trial commenced, the judge announced that the defense lawyer, Murangwa Faustin, had requested a postponement, citing insufficient time to adequately prepare the defense. Lawyer Murangwa clarified that the Rwanda Bar Association had appointed him to represent Kazungu shortly before the proceedings, leaving him with limited time for thorough preparation.

    Kazungu Dennis, appearing via Skype, supported this request, underlining the necessity for additional time to ensure meticulous preparation and a fair trial.

    Acknowledging the gravity and complexity of the crimes in question, the prosecution recognized the accused’s right to sufficient preparation time. Shyirambere Augustin’s representative, one of the complainants, accepted the postponement, expressing a desire for a prompt rescheduling.

    The court has now rescheduled the trial for March 2, 2024, at 9 a.m.

    Kazungu’s trial was initially slated to commence on January 5, 2024. At the prosecution’s request, it was delayed, primarily to consolidate two separate cases against him in this court.

    Facing charges on ten counts, including voluntary manslaughter, torture, forced rape, concealing corpses, threats, and illegal possession of a firearm, Kazungu also stands accused of burglary, criminal trespass, forgery, and unauthorized access to computer data.

    Investigations against Kazungu originated from allegations of the murder of 14 individuals and the forced rape of a woman, leading to his arrest on September 5, 2023.

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  • Sosthene Munyemana handed 24-year sentence

    Munyemana is the sixth suspect to face trial in France over the genocide, during which over 1 million Tutsis were brutally killed. The trial, held at the Assize Court in Paris over six weeks, commenced almost three decades after a complaint was filed against Munyemana in Bordeaux in 1995.

    Impassive as the verdict was handed down, Munyemana was immediately incarcerated. His lawyers plan to appeal, criticizing the decision as “unacceptable” due to major contradictions in the defense testimonies, which they argue leave “room for doubt.”

    The public prosecutor had sought a 30-year sentence, emphasizing that Munyemana’s choices displayed “the traits of a genocidaire.” Munyemana was accused of supporting the interim government by drafting a letter encouraging the massacre of Tutsis. He also faced allegations of aiding in setting up roadblocks and maintaining inhumane conditions before the killings in the Rwandan prefecture of Butare.

    During the trial, Munyemana maintained his innocence, asserting that he had been a moderate Hutu trying to “save” Tutsis by offering them “refuge” in local government offices.

    The judge, reading the verdict, stated that Munyemana was part of a group that “prepared, organized, and steered the genocide against the Tutsi on a daily basis.”

    Munyemana arrived in France in September 1994, rebuilding his life in the country’s southwest. He worked as an emergency doctor and later as a geriatrician before his recent retirement. He was close to Jean Kambanda, the prime minister of the interim government, who is serving a life sentence imposed by the International Criminal Tribunal for Rwanda.

    Munyemana’s case is the latest in a series of trials in France for alleged participants in the genocide, reflecting the country’s commitment to pursuing justice for those implicated in the Genocide.

    Sosthene Munyemana has been handed 24-year jail term.

  • Uganda’s constitutional court starts hearing of petitions challenging anti-homosexuality law

    The panel of five judges led by Deputy Chief Justice Richard Buteera received written submission and arguments from gay rights activists and civil society organizations seeking to declare the new legislation, which President Yoweri Museveni signed into law in May 2023, “null and void.”

    Buteera said in court that the judges will deliver the court’s judgment on notice to the petitioners and government Attorney General defense lawyers.

    At the court’s direction, all the parties filed written submissions and agreed not to introduce any new documents or pleadings during the hearings.

    “The court will notify us when they are ready. The court has an opportunity to decide whether the constitution of Uganda affords all Ugandans, including LGBTQI+ (lesbian, gay, bisexual, transgender, queer and intersex) individuals, equal protection under the law,” Nicholas Opiyo, one of the petitioners’ lawyers, told the press after submission of the written statements.

  • Former Burundian Prime Minister, Bunyoni handed life sentence

    Bunyoni, a former general who assumed the role of Prime Minister in July 2020 but was dismissed in September 2022, faced the court session at the prison where he was held. His removal occurred shortly after President Evariste Ndayishimiye issued a warning about a potential coup against his administration.

    The court, acting on prosecution requests, not only sentenced Bunyoni to life imprisonment but also directed the authorities to seize four houses, buildings, a land parcel, and 14 vehicles owned by him. Among the five others in the trial, the main co-defendants—a police colonel and a senior intelligence agent—received sentences ranging from three to 15 years, while a seventh defendant, a driver, was acquitted, according to the judicial source.

    During the trial, the 51-year-old Bunyoni pleaded not guilty to all charges, citing a lack of evidence.

    He was a prominent figure in the ruling CNDD-FDD party and a close ally of former President Pierre Nkurunziza.