Category: Justice

  • Genocide fugitive, Fulgence Kayishema arrested

    Kayishema was arrested on Wednesday afternoon.

    He is alleged to have orchestrated the killing of approximately 2000 Tutsis including women, men, children and elderly at Nyange Catholic Church during the 1994 Genocide against the Tutsi in Rwanda. He has been at large since 2001.

    In reaction to the arrest, IRMCT Chief Prosecutor Serge Brammertz stated: “Fulgence Kayishema was a fugitive for more than twenty years. His arrest ensures that he will finally face justice for his alleged crimes.”

    Genocide is the most serious crime known to humankind.

    According to a statement released by IRMCT, the international community has committed to ensure that its perpetrators will be prosecuted and punished where this arrest ‘is a tangible demonstration that this commitment does not fade and that justice will be done, no matter how long it takes’.

    IRMCT has revealed that the thorough investigation that led to this arrest was made possible through the support and cooperation of the Republic of South Africa and the Operational Task Team established by President Ramaphosa to assist our Fugitive Tracking Team.

    More support was received from similar Task Forces in other African countries, notably the Kingdom of Eswatini and the Republic of Mozambique among others.

    Rwandan authorities under the leadership of Prosecutor General Aimable Havugiyaremye also continued to be strongest partners and provided essential assistance.

    Kayishema’s arrest demonstrates yet again that justice can be secured, no matter the challenges, through direct cooperation between international and national law enforcement agencies.

    “Today is a day to think of the victims and survivors of the 1994 Genocide against the Tutsi. While twenty-nine years have passed, they continue to bear the physical and mental scars of their suffering. My Office reaffirms that we will not rest in our efforts to secure justice on their behalf, and by carrying out our mandate contribute to a more just and peaceful future for the Rwandan people,” said IRMCT Chief Prosecutor through a statement.

    Kayishema was indicted by the United Nations International Criminal Tribunal for Rwanda (ICTR) in 2001 and charged with genocide, complicity in genocide, conspiracy to commit genocide, and crimes against humanity for killings and other crimes committed in Kivumu Commune, Kibuye Prefecture during the 1994 Genocide against the Tutsi in Rwanda.

    The indictment alleges that on 15 April 1994, Kayishema, together with other co-perpetrators, murdered more than 2,000 men, women, elderly and children refugees at the Nyange Church in Kivumu commune.

    Kayishema is accused to have directly participated in the planning and execution of this massacre, including by procuring and distributing petrol to burn down the church with the refugees inside. When this failed, Kayishema and others allegedly used a bulldozer to collapse the church, burying and killing the refugees inside. Kayishema and others then supervised the transfer of corpses from the church grounds into mass graves over the next approximately two days.

    The investigation leading to Kayishema’s arrest spanned multiple countries across Africa and elsewhere, in strong cooperation with many national law enforcement and immigration agencies.

    During his flight from justice, Kayishema utilized many aliases and false documents to conceal his identity and presence. He further relied upon a network of trusted supporters, including family members, members of the ex-Forces Armées Rwandaises and ex-Forces démocratiques de libération du Rwanda, and those aligned with the genocidal Hutu Power ideology. Kayishema was located and arrested through an analysis-driven investigation exploiting multi-source evidence with both traditional and leading-edge methodologies.

    His arrest marks a further step forward in the OTP’s strategy to account for all remaining fugitives indicted for genocide by the International Criminal Tribunal for Rwanda.

    Since 2020, the OTP Fugitive Tracking Team has accounted for the whereabouts of five fugitives, including Félicien Kabuga, Augustin Bizimana, Protais Mpiranya, and Phéneas Munyarugarama.

    Genocide fugitive Kayishema was arrested on Wednesday afternoon.

  • French court upholds Sarkozy’s 3-yr sentence in corruption case

    According to the court ruling, Sarkozy will only need to serve one year of house arrest with an electronic bracelet, and his civil rights will be deprived for three years.

    Right after the ruling, Sarkozy’s legal team announced that they would continue to appeal at the highest court.

    Sarkozy served as French President from 2007 to 2012. He was sentenced in March 2021 to three years in prison for corruption and influence peddling. It was the first time that a former president has been convicted of corruption and sentenced to prison in France.

    He was convicted of attempting to bribe, through his then-lawyer, a magistrate with a job offer in Monaco for information about an investigation of his 2007 presidential campaign.

  • Court of Appeal to hear challenge against plan to send migrants to Rwanda

    The plaintiffs, who hail from Iran, Iraq, and Syria, are contesting the decision to send them to Rwanda, and they have appealed the High Court’s ruling confirming the implementation of the Migration and Economic Development Partnership between the British government and Rwanda to receive immigrants who enter the UK illegally.

    Migrant rights groups have expressed concern that immigrants face the risk of persecution in Rwanda, which is what they fled from in their home countries.

    The judges of the British Court of Appeal will examine evidence to show that the High Court’s decision was mistaken in assessing the security situation in Rwanda and the risks faced by immigrants.

    Rwanda and Britain have established a joint committee to monitor compliance with the terms of the agreement.

    However, the British government intends to revise the immigration law to include provisions that permit the government to send migrants to other countries for national security reasons, despite being refused by the court.

    The first migrants were supposed to arrive in Rwanda in June 2022, but the deportation was called off at the last minute due to a swift complaint filed by migrant rights groups.

    The hearing is expected to last four days beginning from this Monday, and the results of the British Court of Appeal will have far-reaching implications for the future of the agreement between Britain and Rwanda.

    The case also raises broader questions about the responsibility of Western governments towards migrants fleeing violence and persecution in their home countries.

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  • Suspended sentence for Twitter user over encouraging defilement of girls

    Tuyisenge, who goes by the handle “NTAMA W’IMANA 2,” was arrested on March 21 after making a tweet promoting defilement.

    During his April 6 hearing, Tuyisenge was represented by his lawyer, Innocent Muramira.

    The prosecution charged him with ‘Publication of Pornographic Images through a Computer or a Computer System’ and requested a three-year imprisonment.

    The prosecution stated that Tuyisenge had shared messages encouraging people to defile children, including a tweet on March 13 that read, “Girls under the age of 17 taste good.”

    The judge issued a three-year suspended sentence and a fine of Rwf1m to Tuyisenge. The sentence was suspended for a year due to Tuyisenge’s guilty plea, his status as a student, and it being his first offense.

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  • Gasabo: Man handed life sentence over murdering his wife

    The ruling was read in public on 17th February 2023 with the presence of residents in the area where crime was committed.

    Their home is located in Gikingo Village, Bweramvura Cell, Jabana Sector, Gasabo District of Kigali City.

    The crime was committed on 5th January 2023 around 3:00 a.m. when the man stabbed to death his wife with a machete.

    The Prosecution revealed that the defendant confessed to have committed the crime and apologized.

    He was handed life sentence as stipulated in the article 107 of the Law No 68/2018 of 30/08/2018 determining offences and penalties.

  • US Court rejects Rusesabagina kidnap, torture claims

    As per claim filed last year, the family of Rusesabagina who was handed 25-year jail term, says that he was lured into Rwanda from the United States where he had been granted refugee status. It further reads that Rusesabagina was kidnapped under a breach of Foreign Sovereign Immunities Act.

    His family also claimed that the Government of Rwanda, its leader and former Minister of Justice and State Attorney General, Amb. Johnston Busingye were involved in the process ‘of abducting and luring Rusesabagina into Rwanda’.

    The lawsuit further indicates that Rusesabagina was drugged and taken to Rwanda where he was ‘tortured and imprisoned illegally’.

    In consideration of these objections, the family demanded his release as well as a compensation worth US$400 million (over Rwf409 billion).

    The court’s decision on 23rd January 2023 reaffirmed Rwanda’s position that it did not kidnap Rusesabagina who is serving his 25-year sentence after he was found guilty of terrorism charges.

    Judge Richard J. Leon stated that the lawsuit is not persuasive where there is no evidence that Rwanda violated other country’s sovereignty.

    During trial proceedings, the court resolved that Rusesabagina brought himself to Kigali after he was tricked into travelling to Burundi in 2020 by the promise of work.

    As court proceedings began, the Deputy Spokesperson of the Government of Rwanda, Alain Mukuralinda said that the country was ready to defend its stand.

    Since Rusesabagina was arrested in 2020, his family ignored the basis of accusations against him but kept sounding alarms to exert pressure on Rwandan government to release him.

    The Court of Appeal recently upheld the 25-year jail term handed to Rusesabagina over membership of terrorist group and complicity in terrorism acts through by MRCD/FLN group which he led.

    The crimes were committed between 2018 and 2019 when MRDC/FLN combatants plotted attacks to Rwanda which claimed lives of nine innocent residents in Southern Province.

    They left many others gravely injured, and caused significant material and economic damage in South-West Rwanda.

    90 victims in this case from the districts of Nyaruguru, Rusizi and Nyamagabe have appealed for compensations amounting to over Rwf1.6 billion.

    Rusesabagina was handed 25-year sentence over terrorism charges.

  • France to try Genocide suspect, Rwamucyo

    Rwamucyo,63, previously served as a doctor at the Maubeuge Hospital (northern France).

    The development follows the decision of the Court of Cassation in France which rejected the request to cancel his trial.

    Rwamucyo is accused of being at the helm of masterminds that planed the genocide in former Butare prefecture.

    On 2nd September 2009, Rwamucyo was handed life sentence in absentia by Ngoma traditional Gacaca court after he was found guilty of creating groups that mobilized the execution of the Genocide, providing weapons for the purpose of killing, capturing female Tutsis and registering the number of deaths.

    Upon arrival in France, Rwamucyo secured a job at the University Hospital of Lille and was later hired by Maubeuge Hospital. He was suspended in October 2009 and when the establishment’s management learned that he was the subject of an international arrest warrant issued by Kigali, he was fired.

    Rwamucyo was arrested on 26th May 2010 by Interpol based on the arrest warrant issued against him by Rwanda’s Prosecution.

    He was arrested at Sannois graveyard while attending the burial of Jean Bosco Barayagwiza who had died in the United Nations detention facility in Benin.

    Rwamucyo was taken into custody for four months and released on 15th September 2010. At the time, Versailles Court of Appeal rejected his deportation to Rwanda but ruled that he had to face justice in France being out of jail.

    Rwamucyo is set to stand trial over his role in the Genocide against the Tutsi.

  • Bamporiki handed five-year sentence, taken into Mageragere Prison

    Rwanda Investigation Bureau (RIB) announced on Monday evening that Bamporiki was handed over to Rwanda Correctional Service (RCS) to serve his sentence.

    The defendant was convicted of the crimes based on money received from an investor identified as Norbert Gatera who told law enforcers that offered amount was a bribe solicited by the former State Minister.

    He had been handed four-year jail term and slapped him with a fine of Rwf60 million by Nyarugenge Intermediate Court in September last year, after he was found guilty of fraud and abuse of power.

    Bamporiki appealed against the verdict in the High Court which also read its ruling on Monday 23rd January 2022.

    The court maintained that Bamporiki’s reasons for appeal are baseless and increased his previous jail term to five years. However, the fine slapped to him was reduced from Rwf60 to Rwf30 million.

    The crimes that led Bamporiki into prison are related to the closure of a shoddy factory belonging to Norbert Gatera by the City of Kigali.

    The Prosecution said that Bamporiki reported the plant to be closed and later convinced the owner that he can link him to the official in charge of urbanization and infrastructure in the City of Kigali.

    At the time, Gatera asked Bamporiki the amount needed to halt the closure of his business and promised to link the investor with Kigali City Vice Mayor in charge of Urbanization and Infrastructure, Merard Mpabwanamaguru.

    In the evening of 4th May 2022, Gatera Nobert and his friend met Bamporiki and Mpabwanamaguru.

    It is said that Bamporiki asked Gatera to bring the money and drop them to the reception.

    He was arrested in the process of keeping the money in a vehicle following a tip off provided by Gatera.

    The prosecution said that Bamporiki willfully threatened to get Gatera’s plant closed and solicited Rwf10 million bribe to conceal information.

    During the appeal hearing, Bampiriki’s defence lawyers said that the money was offered for appreciation given that he was a friend of Gatera.

    Bamporiki has been handed five-year sentence and taken into Mageragere Prison.

  • French court releases Genocide convict, Muhayimana

    According to the Agency, the former driver for a Guest House in Kibuye, who has appealed his conviction, was referred to the investigative division of the Paris Court of Appeal, which ruled on 30th November that the extension of his pre-trial detention did not appear to be “essential either for the needs of the proceedings pending the hearing, or as a security measure”.

    Muhayimana was released from detention on 21st December and placed under judicial supervision pending his appeal.

    “I find this decision wise and particularly justified, since we have no idea when the appeal will be held,” said his lawyer Philippe Meilhac, stressing that his client had “remained free during most of the investigation, without ever posing a problem.

    Muhayimana who became a naturalised French citizen in 2010, is accused of having transported gendarmes and Interahamwe militiamen, the armed wing of the Hutu genocidal regime, to the sites of massacres of Tutsis between April and July 1994 in Kibuye and the surrounding hills, where tens of thousands of people were killed.

    In December 2021, he was found guilty by a majority of votes of complicity in genocide and complicity in crimes against humanity in the hills of Karongi, Gitwa and Bisesero over the period from 7 April to the end of June 1994, and of complicity in crimes against humanity in July in the hills of Bisesero.

    Muhayimana is released at a time when Genocide survivors in Karongi have been expressing dissatisfaction with the sentence handed to him.

    The Paris Court of Appeal has released Genocide convict, Muhayimana.

  • Bamporiki appeals for suspended sentence

    The court handed him a four-year jail sentence and a fine of Rwf60 million on September 30.

    Bamporiki and his defence lawyers Evode Kayitana and Jean Baptiste Habyarimana have told the court that they have three reasons that prompted them to appeal alluding to leniency and suspended sentence.

    Lawyer Habyarimana said that the first reason is the request to acquit Bamporiki of the crime of abusing power.

    As for this crime, Bamporiki is accused of having received Rwf10 million from Norbert Gatera to help him secure the release of his wife arrested over corruption charges.

    His defence lawyers said that the money was offered for appreciation. They defended their client saying that he could not influence law enforcers yet he served as State Minister.

    Secondly, the defendant and his defence team requested the reduction of Rwf60 million fine because fraudulent acquisition would attract a fine between Rwf3 and 5 million.

    They said that the fine would also reduce to Rwf30 million in case mitigating circumstances are taken into consideration. Bamporiki also appealed for leniency.

    “I am not innocent. It would not be reasonable to say that I am here without having committed offences. I humbly apologize for having received what I did not deserve. While I was advocating for someone, they came with money considered as a symbol of appreciation. I apologize and forgiveness can be a foundation for me to be an important person,” he said.

    Bamporiki went on to say that it would not take long to prove that he is a transformed man and advise other people lest they stumble as it happened to him.

    Habyarimana said that Bamporiki is an honest person as he disclosed circumstances of his case, apologized and took to Twitter messages expressing remorse for committed crime.

    He requested the court to suspend the sentence handed to Bamporiki given that it was his first time to receive such punishment.

    Lawyer Kayitana also explained that Bamporiki is an important person to the country who played a role in the country’s unity and reconciliation efforts, Ndi Umunyarwanda, national civic education and others even though it should not be an excuse for involvement in crimes.

    “We request his release for common interests. His remorse should be considered to release him to continue building Rwanda being out of prison. He admitted the crime from the Prosecution. We request for suspension of his sentence and charged fine,” he noted.

    The defence team also requested for suspended sentence and lenient fine on grounds of the sickness of Bamporiki’s wife undergoing medical attention in France where she was transferred from King Faisal Hospital.

    The Prosecution dismissed Bamporiki’s request objecting that the crime was committed by an official who is also familiar with the legal field.

    On the other side, the Prosecution also appealed against the sentence handed to him claiming that there are some unreviewed constituents of the crime of receiving bribe, an addition to lessened punishment.

    The Prosecution underscored that the High Court did not consider the fact that Bamporiki was an official who used his authority to commit the crime.

    The court said that there are reasons to mitigate the crime which the Prosecution rejected.

    The verdict will be delivered on 16th January 2022.

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