Category: Justice

Egypt’s top court upholds law restricting protests

{The law, which was passed in 2013, effectively bans street demonstrations, settling a years-long court battle.}

Egypt’s Supreme Constitutional Court upheld a law on Saturday that effectively bans protests, settling a years-long court battle and protecting it from further challenges.

The law was passed in 2013 amid persistent demonstrations calling for the reinstatement of Muslim Brotherhood leader Mohamed Morsi after the military overthrew him following mass protests against his rule.

It requires would-be protesters to notify the interior ministry of any public gathering of more than 10 people at least three days in advance, imposes jail sentences of up to five years for those who violate a broad list of protest restrictions, and allows security forces to disperse illegal demonstrations with water cannon, tear gas and birdshot.

{{No appeal}}

The court’s ruling keeps all of these elements of the law intact and there is no further appeal.

Egyptian rights organisations have said the law criminalises all forms of peaceful assembly, and gives the state a free hand to disperse peaceful gatherings by force.

Its strict enforcement has largely succeeded in ending the kind of mass demonstrations that helped unseat two presidents in three years as activists who have held even small, peaceful gatherings were detained.

The ruling means that hundreds of protesters arrested under the law will remain in prison.

“It was a surprise. We were hoping that the constitutional court would come down on the side of rights. There isn’t a court in Egypt that has mercy on the people,” prominent human rights lawyer Gamal Eid told Reuters news agency.

The case was first brought to an administrative court in 2014 when a group of lawyers challenged parts of the law they said violated article 73 of the constitution.

The article allows the “right to organise public meetings, marches, demonstrations and all forms of peaceful protest while not carrying weapons of any type, upon providing notification as regulated by law”.

But the court ruled on Saturday that only article 10, which grants the interior ministry authority to deny protest requests, was unconstitutional.

It upheld three other articles being challenged, including one that requires protesters to submit detailed information on the location and purpose of their gatherings, and another stipulating jail sentences and hefty fines for illegal demonstrations, which the law defines broadly.

December 3, 2016
Seyoboka hearing begins

{The military tribunal based in Nyamirambo Military has started hearing of Second Lieutenant, Seyoboka Henri Jean-Claude alleged case of involvement in the 1994 genocide against Tutsi. }

On 28th November 2016 the hearing was adjourned over the absence of his defense lawyer Albert Ngirabatware.

As the hearing started, the prosecution appealed for his remand over the gravity of alleged crimes he committed during the genocide.

Seyoboka is alleged to have committed genocide crimes of extermination, murder and conspiracy to commit genocide in 1994 in Kiyovu by organizing meetings that prepared and mobilized people to commit genocide especially the meeting of 21st April 1994 that organized a raid in which many Tutsi that had fled to Centre d’Etudes des Langues Africaines (CELA) were killed.

Seyoboka denied the accusations saying at that time he was studying at the former National University of Rwanda and was in Butare on dates on which he is alleged to have committed the atrocities in Kigali.

He applied for bail assuring he won’t escape justice but the presiding judge Maj. Gerard Muhigirwa said the decision will be taken on Monday 5th December 2016.

The prosecutor Kayiranga Kayihura requested to remand Seyoboka for 30 days as investigations on alleged crimes continue.

Kayiranga read crimes Seyoboka is alleged to have committed in the preparation of genocide in Nyarugenge district.

The prosecution alleged that Seyoboka collaborated with two women including Angelique Mukandutiye and Odette Nyirabagenzi along with Interahamwe to kill Tutsi that had fled at African Languages School in Kigali (CELA), at Saint Paul and Sainte Famille in 1994.

Prosecutor Kayihura said that witnesses allege Seyoboka to have trained Interahamwe and supervised them while killing Tutsi.

Seyoboka said he could not find time for involvement in such crimes since he was in Butare at the university.

Seyoboka was deported from Canada on 17th November 2016 to face trial in Rwanda where he is accused of having committed heinous crimes during the 1994 Genocide against the Tutsi, when he was a second lieutenant in the genocidal army (Ex-FAR) and lived in Kiyovu area in Nyarugenge District.

December 3, 2016
Indian court orders cinemas to play national anthem

{Supreme Court orders anthem to be played before all movie screenings – and all exits blocked.}

All cinemas must play the Indian national anthem before movie screenings and all exits will be shut during that time, the country’s Supreme Court has ruled.

The Supreme Court panel, while giving out the ruling on Wednesday, said cinemas should display the national flag on the screen as the anthem is played, and that making people stand up would instil a “sense of patriotism”.

“The national anthem has to be played in cinema halls before the feature film is played with the national flag displayed on the screen,” said Abhinav Shrivastava, the lawyer for the private plaintiff in the case.

Many cinemas already play the national anthem before screenings, but only the western state of Maharashtra has made it mandatory to do so.

“The time has come, the citizens of the country realise that they live in a nation and are duty bound to show respect to the national anthem,” the judgment said.

The issue of whether audiences should be made to stand has long been the subject of debate.

The issue has long been controversial in India, where some liberals say freedom of speech is being stifled by the right-wing nationalist government currently in power.

“It is bad enough for the Supreme Court to scorn individual freedom. To do so on an issue as unserious and arbitrary as what should be done at cinema halls is terrible,” wrote Nitin Pai, founder of the Takshashila Institution think-tank, in a blog post.

Last month, a disabled man described how he was attacked in a cinema in western India for failing to stand for the anthem.

In January, a Bollywood scriptwriter was heckled inside a cinema in Mumbai after he refused to stand for the anthem.

C Kalyan, vice president of the Film Federation of India, said producers favoured the ruling as it would end the confusion.

November 30, 2016
Uganda:Colonel remanded over rebel plans

{The alleged offences attract a maximum sentence of death upon conviction.}

A senior officer of the Uganda People’s Defence Forces (UPDF) has been remanded to Makindye Military prison for allegedly recruiting soldiers into rebel activities and disclosing secret information to unauthorised people.

Lt Col Deziderio Balidda attached to the Field Artillery Division in Masindi District was yesterday arraigned before the General Court Martial and charged with offences related to national security.

The alleged offences attracts a maximum sentence of death upon conviction.

Lt Col Balidda was jointly charged with junior officers Warrant Officer II Robert Wanyama and Pte Ivan Asiimwe, a gun repairer at the artillery base. They all denied the charges.

The court chairman, Lt Gen Andrew Gutti, remanded them to military custody in Makindye barracks until December 20 when they will reappear for mention of their case.

The State prosecutor, Maj Raphael Mugisha, told court martial that investigations were still ongoing and asked for at least three weeks to complete the inquiries for the case to be fixed for a hearing.

The state contends that in August this year at Naguru and Ntinda suburbs in Kampala and other diverse places in Masindi, the accused persons recruited soldiers and disclosed secret information to unauthorised persons with intent to prejudice the security of the defence forces.
Their appearance in court brings to four the number of cases at the military court in which various people are facing similar charges.

A group of 14 suspects among them a senior UPDF officer, Lt Col Philip Frank Eguma, formerly of the Armoured Warfare Training School in Mubende District, are accused of attempting to attack Kabamba Army Barracks.

In another case, 19 suspects, including junior army officers and civilians are undergoing trial over the failed attack on Gulu army detach and Gulu Central Police Station.

{{The law}}

Section 130 of the UPDF Act provides that a person, subject to military law, who discloses by word of mouth or by document, confidential information to the enemy or to unauthorised members of the Defence Forces or the public, commits an offence and is liable to suffer death on conviction.

November 30, 2016
Genocide suspect, Seyoboka hearing postponed

{The military tribunal based in Nyamirambo has stayed a pre-trial hearing of 2nd Lieutenant Henry Jean Bosco Seyoboka in a case where he is accused of committing genocide. The accused who had no defense lawyer prayed to court for adjournment to enable him confer first with his lawyer Albert Ngirabatware. }

Seyoboka was deported from Canada on 17th November 2016 to face trial in Rwanda where he is accused of having committed heinous crimes during the 1994 Genocide against the Tutsi, when he was a second lieutenant in the genocidal army (Ex-FAR) and lived in Kiyovu area in Nyarugenge District.

As the pre-trial hearing started this morning, the tribunal presided over by Maj. Muhigirwa Gerard asked the accused to identify himself which he did adding he was a resident of Quebec, Canada, where he runs business but hastely told court that he could not talk more without his defense lawyer.

His request was granted by the court citing the accused constitutional rights.

Seyoboka’s lawyer, Albert Ngirabatware’s known telephone number could not be reached before adjournment as it was switched off. The case will be due for hearing on 1st December 2016.

Seyoboka is alleged to have committed genocide crimes of extermination, murder and conspiracy to commit genocide in 1994 in Kiyovu by organizing meetings that prepared and mobilized people to commit genocide especially the meeting of 21st April 1994 that organized a raid in which many Tutsi that had fled to Centre d’Etudes des Langues Africaines (CELA) were killed.

The pursue of Seyoboka started in 1998 after a witness at the International Criminal Tribunal for Rwanda (ICTR) accused him of having killed a neighbor, wife and two children during the genocide after the woman refused to have sexual intercourse with him at a road block.

November 28, 2016
Tanzania:Man to serve life sentence for sodomising pupils

{A resident of Geita, Mbaga Julius, has been set to remain behind bars for the rest of his life for allegedly sodomising repeatedly three Primary School boys after luring them with rice buns and smoking bhangs.}]

This follows the decision of the Court of Appeal to dismiss the appeal Julius, the appellant, had lodged to fault findings of the District Court and the High Court.

Justices Edward Rutakangwa, Salum Massati and Stella Mugasha upheld the appellant’s conviction on three out of five counts he was previously found guilty of, as were proved beyond reasonable doubt.

“We do not find cogent reasons to disturb the concurrent findings of the two courts below in respect of the three counts. We accordingly dismiss the appeal,” they declared.

The justices were of the considered opinion that the evidence adduced by three boys (names withheld) despite their tender ages, sufficiently proved that the appellant committed the offence he was charged with.

According to them, the boys gave a coherent narration of the sad and shameful incidence and the record clearly showed that they knew the appellant who regularly met them at their school.

They noted further that the appellant used to buy rice buns to the boys and directed them to go to the dam where he accomplished his desire, in assistance of his group under threats.

“In this regard, the appellant’s complaint that he was identified in the dock is farfetched because he was identified by the victims before stepping in the dock,” the justices said.

They noted further that the credible evidence of the boys solely was sufficient to ground a conviction of the appellant in terms of section 127 (7) of the Evidence Act.

“Besides, in the instant case, the evidence of (the boys) is corroborated by the documentary evidence, the PF3 (and doctor’s report) collectively which established the victims’ anal enlargement caused by blunt object,” the justices said.

It was alleged that on unknown dates and times in 2012, at Lake View area in Nyamalembo village, Geita Region, the appellant did sodomise the six male children against the order of nature.

Facts of the case showed that the victims were all pupils of Mseto Primary School and met the appellant who used to go at their institution during break time. He lured them with rice buns and took them to the dam and sodomised them.

As such shameful act continued for quite some time, one parent of the boys realised that her son who regularly went to school was not writing notes. She went to school together with her son to inquire from the teachers.

Upon being interrogated by the teachers, the son revealed that he and other children were regularly being “lured by the appellant” who bought them sweets and rice buns, then took them to the lake and forced them to smoke cannabis and sodomise them.

The appellant threatened them not to reveal the shameful acts or else he would kill all of them. The boys recalled that in some instances, the appellant was assisted by a group of street children who held and forced them to bend to enable him to accomplish the sodomy.

It was at that point in time when the incidence was reported to the police where the victims were issued with PF3s and taken to hospital for examination, where it was proved that they were indeed sodomised.

November 27, 2016
Prosecutors seek prison term for Eto’o

{Spanish prosecutors are seeking a prison term of more than 10 years for former Barcelona striker Samuel Eto’o for alleged tax crimes committed when he played for the Catalan club.}

In addition to a sentence of 10 years and six months, prosecutors are also demanding a fine of $15.1 million for the four counts of tax fraud for supposedly defrauding Spain’s tax authority of almost $4 million from 2006-09, according to court documents released Thursday.

Prosecutors are seeking the same punishment for the player’s representative at the time, Jose Maria Mesalles Mata.

The administrator of a company that facilitated the deals, Manuel de Jesus Lastre Abreu, is facing more than six years in prison and a fine of $2.3 million.

Prosecutors also want Eto’o to relinquish any possible fiscal incentives for a long period.

Eto’o and his lawyers could not be immediately contacted for comment, but in the past the player denied wrongdoing, saying he was not directly involved in his tax matters.

Eto’o is among other current and past Barcelona players facing legal problems in Spain.

In July, Lionel Messi and his father were sentenced to 21 months in prison for tax fraud, although they were not sent to jail because sentences of less than two years for first offences are usually suspended in Spain.

Neymar and Barcelona are dealing with the Spanish authorities because of the player’s transfer from Brazilian club Santos in 2013.

Prosecutors on Wednesday announced that they are seeking to punish the Brazilian player and his club, as well as his parents, his Brazilian club and its former president because of an investment group’s claim that they concealed the value of the star’s transfer fee.

In June, Barcelona paid a fine of $5.8 million after acknowledging to Spain’s tax authority it made “an error in the fiscal planning of the player’s transfer.”

Also this year, Barcelona midfielder Javier Mascherano was handed a suspended one-year sentence for tax fraud, and former defender Adriano was also charged with tax irregularities.

The 35-year-old Eto’o played for Barcelona from 2004-09.

The Cameroon striker is currently playing with Turkish club Antalyaspor.

November 25, 2016
Mugimba, Iyamuremye remanded

{Nyarugunga court of low instance yesterday remanded the recently deported suspects of complicity in the 1994 genocide against the Tutsi, Jean Baptiste Mugimba and Jean Claude Iyamuremye for 30 days. }

Basing their ruling on preliminary evidence, the court found it difficult to pursue the duo when they are out of detention because of the severity of alleged crimes.
The court remanded Mugimba and Iyamuremye for 30 days and reminded the duo that the decision can be appealed within five days.

Both Mugimba and Iyamuremye appeared in court for the first time on Monday for where they applied for bail.

Mugimba Jean Baptiste, 57, is alleged to have committed seven crimes including complicity in genocide, mobilizing people to execute genocide and forming gangs in which he recruited killers among others.

It is alleged that Mugimba committed the said crimes in former Nyakabanda sector in the village of ‘Abakozi ba BNR’.

The co-accused Iyamuremye is accused of six similar crimes said to have been committed in Gatare cell, Niboye sector of Kicukiro district.

Read also: http://en.igihe.com/justice/hearing-of-iyamuremye-mugimba-cases-begins.html

November 24, 2016
Hearing of Iyamuremye, Mugimba cases begins

{Hearing of a case involving the recently deported suspects of complicity in the 1994 genocide against the Tutsi, Jean Baptiste Mugimba and Jean Claude Iyamuremye has begun. The duo deported from the Netherlands appeared in court for the first time yesterday. }

Mugimba Jean Baptiste, 57, was an employee of the National Bank of Rwanda (BNR) and the executive secretary of CDR political party during the 1994 genocide against the Tutsi.

The prosecution accuses Mugimba of inviting a meeting on 8th April 1994 attended by Nyirimanzi Gregoire, the leader of Nyakabanda sector, Kigali city in which the list of Tutsi to be killed was released.

It is also alleged that the accused asked Col Hakizimana Edouard for guns that would be used to execute Tutsi in addition to having collaborated with Interahamwe and Imbonezamugambi of CDR.

He is alleged to have been one of the shareholders of radio RTLM that spread hate speeches that incited killing of Tutsi.

{{Mugimba talks innocence }}

In reaction to the accusations, Mugimba explained that as a Rwandan fond of his country, he was moved by the mayhem that ravaged the country in 1994 genocide and that whoever got involved in it should receive heavy punishment to deter reoccurrence.

He as well requested similar heavy punishment for people inventing crimes and falsely accusing others of genocide. Mugimba explained that he left his home on 8th April 1994 and fled to Kiyovu where he felt secure after which he went to Gisenyi on 12th April, denying that he did not know about raids that followed the meeting which the prosecution is accusing him of chairing.

He also denied to have held talk shows at Radio Television Libre de Milles Collines (RTLM) adding that its 50 founders are known but accepted to having had shares in it.
Mugimba explained that becoming the executive secretary of CDR doesn’t make him a criminal. He requested to be released because he has been in jail for three years yet no one accused him of any wrong-doing during Gacaca courts.

{{Iyamuremye said ‘witnesses are manipulated’ }}

Iyamuremye Jean Claude known as Nzinga, was 18 years old during the 1994 genocide against Tutsi. The prosecution accuses him of joining people that hunted Bayingana Dismas on 7th April 1994 in Kicukiro and burnt his house.

He is also alleged to have joined gangs that targeted to kill Tutsi that fled to ETO Kicukiro and in Nyanza.

One of the witnesses accuses Iyamuremye of having killed one of his uncles.
“He used a small lorry carrying Tutsi he pretended to be rescuing. He, however, took them at ETO to be killed,’’ said one witness.

Iyamuremye denied accusations saying he was too affected by the genocide since he lost 30 relatives.

“I didn’t know such hatred exists; people making such false accusations…,”he said.
Iyamuremye said that witnesses were manipulated.

The decision on bail application for both suspects is expected to be read today.

November 23, 2016
Egypt court quashes Mohammed Morsi life sentence

{Egypt’s highest appeal court has overturned a life sentence handed down to ousted President Mohammed Morsi.}

The Court of Cassation ordered that the 65-year-old be retried on the charge of conspiring to commit terrorist acts with foreign organisations.

Last week, the court quashed a death sentence handed to Morsi in a separate case revolving around a mass prison break during the 2011 revolution.

But he is still serving lengthy sentences related to two other cases.

Morsi became Egypt’s first democratically elected president in 2012, but he was removed by the military a year later after mass protests against his rule.

Since then, the authorities have launched a crackdown on Morsi’s now-banned Islamist movement, the Muslim Brotherhood, which has seen hundreds of people killed in clashes with security forces and tens of thousands imprisoned.

In May 2015, Morsi and three other senior Brotherhood leaders – general guide Mohammed Badie, former parliamentary speaker Saad al-Katatni and Essam al-Erian – were sentenced to life in prison for conspiring to commit terrorist acts with foreign organisations to undermine national security.

Sixteen other people, including senior Brotherhood officials Khairat al-Shater and Mohammed al-Beltagi, were sentenced to death in the case.

Prosecutors alleged that the Brotherhood had hatched a plan in 2005 to send “elements” to military camps run by the Palestinian Sunni Islamist group Hamas in the Gaza Strip, the Shia Islamist Hezbollah movement in Lebanon, and the Revolutionary Guards force in Iran.

The Brotherhood, which the government declared a terrorist group in 2013, denies the charge. It says it is committed to peaceful activism.

On Tuesday, the state-owned Al-Ahram newspaper reported that the Court of Cassation had overturned the life sentences imposed on Morsi and his fellow Brotherhood leaders, and also cancelled the 16 death sentences.

Morsi’s lawyer, Abdel Moneim Abdel Maksoud, confirmed the ruling, telling the AFP news agency: “The verdict was full of legal flaws.”

In June, Morsi was sentenced to 40 years in prison after being convicted of leaking state secrets and sensitive documents to Qatar.

He has also been sentenced to 20 years for ordering the unlawful detention and torture of opposition protesters during clashes with Brotherhood supporters outside a presidential palace in Cairo in December 2012.

Morsi’s supporters have said the trials are attempts to give legal cover to a coup. They insist they are based on unreliable witnesses and scant evidence.

November 23, 2016