Category: Justice

The “Migration and Economic Development Partnership,” initiated in April 2022, aimed to transfer individuals unlawfully present in the UK to Rwanda.

Delays in implementing the plan occurred when organizations advocating for migrants’ rights filed a complaint. This led to the Court of Appeal reviewing the case, ultimately ruling against the deportation of asylum seekers to Rwanda.

Despite the court’s decision, UK Prime Minister Rishi Sunak consistently defended the deportation plan, emphasizing Rwanda’s successful management of the refugee and migrant crisis, prompting the appeal to the Supreme Court.

However, the highest court’s unanimous rejection of the government’s deportation plans deals a blow to Rishi Sunak’s key immigration policy. The ruling, issued on Wednesday, November 15, 2023, upheld the Court of Appeal’s decision, expressing concerns about the ‘real risk of wrongful determinations and potential ill-treatment upon return to their countries of origin’.

The ruling followed the release of an incendiary letter by the sacked home secretary, Suella Braverman, accusing the prime minister of breaking an agreement to insert clauses into UK law that would have preempted legal challenges under the European Convention on Human Rights (ECHR) and the Human Rights Act.

Braverman warned of the lack of a “credible plan B” and cautioned that losing in the supreme court would result in a wasted year and parliamentary efforts. A meeting of hard-right Conservative MPs was anticipated to support calls to leave the ECHR.

Sir John Hayes, a close ally of Braverman, suggested tabling a narrow piece of legislation to enact the Rwanda plan before Christmas in the event of losing. Later, this could be included in the Tory election manifesto alongside withdrawing from the ECHR.

However, Rwanda maintains that it will remain committed to its international obligations, as a country with international repute in the treatment of refugees.

The charges against the trio relate to the violation of public tender procedures and the misuse of public resources. The prosecution had appealed the lower court’s decision, citing reasons such as overlooked critical evidence and premature completion of the investigation.

During the appeal ruling on November 9, the presiding judge noted that the prosecution failed to explain how the defendants, once released, would interfere with the ongoing investigation. The court observed the defendants’ consistent compliance with orders, leading to the conclusion that their detention was unnecessary. Consequently, the court ruled to grant them bail pending the trial.

In their appeal, the prosecution contested the lower court’s decision on various grounds.

Regarding Harelimana, they argued that the Primary Court had dismissed an audio recording submitted as evidence, in which Harelimana purportedly claimed authority to hire and fire anyone in the institution. The court considered the recording inadmissible, citing alleged lack of consent during its acquisition.

The prosecution also challenged the consideration of only audio evidence for the charge of influence peddling, claiming that other factors implicating Harelimana were disregarded.

Concerning Hakizimana, they asserted that the Primary Court overlooked evidence linking him to the crimes for which he was prosecuted.

In Gahongayire’s case, the prosecution argued against her dismissal as a suspect, contending that her signing of a delivery note for unreceived items led to improper payments by RCA.

Despite the prosecution’s request to remand the suspects for further investigation, the defendants pleaded not guilty, emphasizing their cooperation with reporting obligations and adherence to bail conditions, such as restricted travel beyond Kigali.

Emmanuel Gasana was suspended from his role as the Eastern Province Governor by the Prime Minister on October 25, one day prior to his arrest on October 26.

Faustin Nkusi, the prosecution spokesperson has said that the case file, received from the Rwanda Investigation Bureau (RIB) on October 30, was formally submitted to the court on November 6.

Nkusi emphasized that Gasana is facing two charges: soliciting and acceptance of illegal benefits, as well as the abuse of his official functions. These offenses are subject to the legal provisions outlined in Articles 4 and 15 of the anti-corruption law.

Gasana’s arrest, according to the Rwanda Investigation Bureau, stemmed from an investigation into alleged criminal activities he is suspected of committing during his tenure as Eastern Province Governor, allegedly for personal gain.

Gasana served as the Eastern Province Governor for two and a half years, having been appointed to the position by President Paul Kagame on March 15, 2021.

Prior to this role, he had also held the position of Governor of the Southern Province.

Additionally, he had previously served as the Commissioner General of the Rwanda National Police (RNP) and later as the Inspector General of Police between 2009 and 2018. Before transitioning to the RNP, Gasana held the rank of Brigadier General in the Rwanda Defence Force (RDF) and had served as the acting Chief of Logistics for the army.

He was found guilty of crimes against some Miss Rwanda contestants.

As he read the verdict on Friday 13th October 2023, the presiding judge emphasized that the High Court considered testimonies from victims and witnesses before the Investigation and Prosecution bodies, rather than relying on notarized letters and courtroom testimonies where the victims denied abuse.

This approach aligned with relevant legal provisions and prior case verdicts. The prosecution had initially sought a 16-year sentence, but a shorter sentence was given as it was the defendant’s first offense.

It’s unclear if an appeal is permitted. In 2022, the Nyarugenge Intermediate court acquitted Ishimwe due to insufficient evidence, prompting a prosecution appeal based on the disregard of crucial evidence. Ishimwe had pleaded not guilty from the beginning.

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Pierre Basabose, born in 1947, has a complex background that includes military service, business ventures, and connections with former Rwandan president Juvénal Habyarimana.

His association with the presidential guard and his role as the driver for Colonel Elie Sagatwa, Habyarimana’s brother-in-law and private secretary, have placed him at the center of the allegations.

Additionally, Basabose’s financial success, fueled by a foreign exchange office in Kigali, led him to become a major shareholder in Radio-Television Libre des Milles Collines, notorious for its role in inciting hatred against Tutsi. He fled Rwanda in April 1994, embarking on a journey through several countries before ending up in Belgium.

Meanwhile, Séraphin Twahirwa, known as “Kihebe,” was born in 1958 and served as an Interahamwe leader in Kigali’s Gikondo sector.

He is also a cousin of Agathe Kanziga, the wife of former President Habyarimana. Twahirwa’s proximity to the customs depot of MAGERWA further implicates him in the events of the genocide.

After its conclusion, he fled to Zaïre and eventually found his way to Belgium via Uganda. He currently holds no legal status of residence in Belgium.

The charges against both suspects include their involvement in genocide due to political and ideological affiliations, their participation in arming and training Interahamwe militias, their role in creating lists of targeted individuals, and their presence at roadblocks used for filtering victims. Furthermore, they face accusations of war crimes, including multiple counts of murder and, in Twahirwa’s case, rape.

A noteworthy fact is that 40 Rwandan witnesses will travel to Brussels to testify before the court, in a coordinated logistical effort by the Belgian Justice department, the Embassy of Belgium in Kigali and the Rwandan Witness Protection Programme.

The Belgian Development Cooperation also contributes financially to the work of RCN Justice & Démocratie, a non-profit organization that will send two Rwandan journalists to Brussels to cover the assize trials. Their aim is to make sure that the news about the trials of Basabose and Twahirwa reaches local media outlets and radio stations in Rwanda, with the cooperation of the Pax Press media network.

“It is important that justice is not only done, but also seen to be done”, commented Belgian ambassador Bert Versmessen on the start of the court proceedings in Brussels on 4th October 2023.

“The legal cooperation between the prosecution in Rwanda and Belgium is a cornerstone of our relationship. It is driven by the desire that there should be no impunity for serious violations of international humanitarian law. Belgium’s penal code allows our judges to prosecute every person living in Belgium who committed crimes of genocide, war crimes, crimes against humanity and torture, irrespective of whether these crimes took place on Belgian soil,” he added.

Belgium was the first country outside of Rwanda to convict perpetrators of the 1994 Genocide against the Tutsi. In 2001, the trial against the “Four of Butare” in 2001 resulted in four convictions for war crimes. The last trial dates to December 2019, when Fabien Neretse aka Nsabimana was sentenced for crimes of genocide and war crimes in Kigali and Mataba. In total, the court of assizes organized 5 trials against 9 persons.

According to USA Today , this judgment came on Tuesday as part of a civil lawsuit filed by New York’s attorney general, Letitia James.

Judge Engoron determined that Trump and his company had engaged in deceptive practices by significantly inflating the valuation of their assets and exaggerating Trump’s net worth on documents used for deals and securing financing.

As a penalty, some of Trump’s business licenses might be revoked, making it challenging for them to operate in New York. Additionally, an independent monitor will oversee the Trump Organization’s activities.

The ruling strongly refutes Trump’s image as a wealthy and savvy real estate tycoon turned political figure. The judge concluded that these deceptive tactics were not merely boastful but unlawful, leading to favorable loan terms and lower insurance premiums for Trump and his company. Trump’s argument that a disclaimer on financial statements absolved him of wrongdoing was rejected by the judge, who deemed it a fantasy.

While Manhattan prosecutors had considered a criminal case for the same conduct, they did not pursue it, leaving Letitia James to sue Trump in a civil lawsuit seeking penalties that could hinder Trump’s business activities in New York. The ruling resolves a major claim in James’ lawsuit, with additional claims and potential penalties to be decided in a non-jury trial starting on October 2, 2023. James is seeking $250 million in penalties and a ban on Trump conducting business in New York, with the trial potentially lasting until December.

Trump’s legal team had attempted to have the case dismissed, arguing that there was no evidence of harm to the public and that many allegations were barred by the statute of limitations. However, Judge Engoron rejected these arguments.

The lawsuit filed by Letitia James alleged that Trump habitually exaggerated the value of assets such as skyscrapers, golf courses, and Mar-a-Lago, significantly inflating his net worth. Trump’s valuations were found to be far higher than reasonable estimates, including his Trump Tower apartment and Mar-a-Lago.

This legal challenge adds to Trump’s ongoing legal issues as he considers a return to the White House in 2024. He has faced multiple indictments in recent months, including allegations related to election interference, document hoarding, and falsifying business records.

While the lawsuit does not carry the possibility of prison time, it could disrupt Trump’s real estate dealings and tarnish his legacy as a developer. Letitia James has sought penalties, including banning Trump and his three eldest children from running a New York-based company and preventing them from entering commercial real estate acquisitions for five years. The $250 million in penalties sought by James corresponds to the estimated gains from the alleged fraud.

Letitia James began investigating Trump’s business practices in 2019 after his former lawyer, Michael Cohen, testified that Trump had inflated his wealth on financial statements provided to Deutsche Bank while seeking financing for the NFL’s Buffalo Bills. Additionally, James previously sued Trump for misusing his charitable foundation, resulting in a $2 million fine and the closure of the Trump Foundation.

Kazungu is facing a total of ten charges, which encompass murder, rape, making threats, concealing human remains, mutilation, and more.

The presiding judge, when announcing the decision regarding bail, stressed that the evidence presented strongly implicates Kazungu. Furthermore, the judge noted that despite the defendant’s admission of guilt, there was no indication of remorse.

Kazungu made his courtroom appearance under stringent police supervision, attired in an orange t-shirt and brown pants. He now has a five-day period within which to appeal this court decision.

In meantime, Kazungu will be held in custody at Nyarugenge Prison, colloquially referred to as “Mageragere.”

According to the prosecutor, Kazungu confessed to dismembering two of his victims, boiling their remains, and grinding their bones to obliterate any evidence of his crimes.

It was disclosed that the accused had rented a residence in the Kanombe sector the previous year, where he resided until his arrest in September triggered by his failure to pay rent and his refusal to vacate the premises.

Upon being taken into custody, he provided authorities with a confession detailing the killing and burial of 12 individuals in that same residence.

Subsequent to this confession, a prompt investigation was initiated, leading to the horrifying discovery of the victims’ remains. Some of the victims, such as Eliane Mbabazi and Eric Turatsinze, were identified by Kazungu himself.

The public prosecutor also pointed out that Kazungu had admitted to raping his victims, strangling them to stifle their cries, binding their hands and feet, and disposing of their bodies in a specially dug hole in the kitchen. He additionally subjected them to threats and torture, depriving them of their possessions and using various objects to intimidate them.

Following their demise, he incinerated their bags and shoes in an attempt to erase all traces of his actions.

The prosecutor further revealed that Kazungu led a reclusive existence, utilizing false identities to conceal his true identity and perpetrate his crimes covertly.

When questioned about his motives, Kazungu alleged that his actions were motivated by a desire for revenge against women he believed to be prostitutes, asserting that he thought they had infected him with HIV.

However, this claim was refuted by blood tests conducted by Rwanda Investigation Bureau (RIB).