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.
Karongozi made these comments on October 12, 2023, during the trial of the two suspects at the Court of Assise in Belgium. Pierre Basabose was notably absent from the proceedings due to health issues, similar to the trial’s opening day on Monday.
In a confrontational tone, Flamme expressed his disbelief in the events that transpired in Rwanda and labeled them as fabricated facts, attributing the turmoil to the RPF Inkotanyi.
He further claimed that four genocides had occurred in Rwanda, citing the Genocide against the Tutsi, ‘Genocide against the Hutu’, ‘Genocide against the Twa’, and ‘another targeting people from the Democratic Republic of Congo’.
The presiding judges swiftly interrupted Flamme, arguing that his statements were veering off-topic and delving into an attack on Rwanda’s leadership rather than focusing on his clients’ defense.
In an interview with IGIHE, Lawyer Karongozi raised concerns about Basabose’s mental health conditions and the apparent inconsistency in his request to be represented while also claiming to be unable to stand trial due to illness. Karongozi emphasized that defending the suspects should not imply assuming responsibility for the actions they are accused of committing.
Karongozi further pointed out that Flamme’s statements do not reflect the views of his client, Basabose. He voiced his suspicions about whether Flamme’s beliefs aligned with his statements, as they appeared to be a form of genocide denial.
“This becomes the sixth trial handled by Belgium involving suspects accused of a role in the Genocide against the Tutsi, underlining the country’s commitment to pursuing and prosecuting individuals associated with this tragic event. Though not the primary architects, Basabose and Twahirwa played significant roles in the Genocide against the Tutsi,” Karongozi stated.
He also called for heightened measures to combat genocide denial, which he noted was manifesting in various forms.
François Kayijuka, an observer following the trial, expressed his reservations about Flamme’s conduct, particularly his attempt to attribute blame to RPF Inkotanyi, yet it is credited with halting the Genocide.
Kayijuka remarked, “Flamme seems unwilling to acknowledge that the Genocide was perpetrated against the Tutsi; instead, he refers to it as a Genocide against Rwandans. His assertion that there were four genocides in Rwanda appeared to trigger frustration among judges and others present, not just among Rwandans.”
Furthermore, Kayijuka questioned Flamme’s motives, suggesting that the defense lawyer was propagating Genocide ideology rather than genuinely representing the defendants.
Both Basabose and Twahirwa are facing charges related to genocide and war crimes, with Twahirwa additionally accused of rape. The trial is expected to continue from October 9 to December 8.
The presiding judge made the decision to adjourn the trial to 10th October, to allow medical experts to provide additional information regarding Basobose’s health condition. The purpose is to determine whether he is fit to stand trial.
The trial began on October 9, with Basabose absent due to health issues. Basabose’s health concerns were noted in August 2022, with a recommendation to place him in a medical facility due to mental disorders.
Despite these issues, the court decided on June 21, 2023, that the trial would proceed.
Both suspects face charges related to genocide and war crimes, with Twahirwa also accused of rape. The trial is scheduled to continue until December 8.
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).
Kazungu who appeared before court on Thursday 21st September 2023, for bail or remand hearing without defence lawyer demanded judges to proceed with the hearing ‘in camera’ citing reason of having committed serious crimes which he didn’t want to be aired in the media.
“I have committed serious crimes that I plan to confess but would not like to be announced through the media nor be a leading guidance to my fellow criminals on the way to do it.
Reasons being, I request to be tried in camera is that I myself accepted the alleged crimes and intend to share the whole truth.”
When asked to comment on the request, the prosecution rejected it citing lack of convincing reasons.
The judge ruled that the hearing be held in public. Kazungu is facing charges including manslaughter, rape,use of threats , hiding of human body and mutilation.
He is also being charged with armed robbery, forgery, and cyber crimes.
During preliminary investigation, it was established that Kazungu kept 12 bodies of the victims in a pit and the remaining two are still under investigation to know their whereabouts.
On the other hand, during the interrogation, Kazungu admitted to have killed 14 individuals including 13 women and 1 man.
The prosecution has accused Kazungu of having brought 14 individuals he killed from different places including Remera, Kimironk,Kabuga, Masaka and Rusororo to his residence in Busanza, a suburb in Kanombe Sector of Kicukiro District where he allegedly killed them.
They claimed that after luring victims to his residence, he would immobilize them, tie their hands and feet, use threatening words and then torture them with objects such hammer, a pair of scissors and a pen.
The prosecution showed that prior to killing these people, Kazungu had extorted money and valuables from them, and he had also forced them to provide their bank account numbers to transfer money to his accounts and phones.
It was also determined that a few of the victims that Kazungu killed were forced to write papers that they had sold their houses and land plots to him before being killed and dumped in a pit in his kitchen.
The prosecution told the court that during interrogation, Kazungu said he did not recall the names of all the people he killed apart from 4 identified as Eliane, Mbabazi, Clementine, Francoise and Eric Turatsinze who he started using as his identity after killing him.
This man confessed on raping only one woman who later escaped and was rescued by the neighbours. The woman in question testified to the persecution that she was indeed raped.
He had tricked her on a phone call pretending to be someone she already knew. After being lured into his house, he started threatening her with death.
The court was informed that other individuals apprehended with Kazungu included a woman known as ‘Code20’ and another known as ‘Code33,’ both of whom revealed that Kazungu had forced them to withdraw money.
When asked the reasons behind his merciless killing and burying them, Kazungu claimed they had transmitted HIV intentionally.
Considering the charges, the prosecution requested a 30-day remand for Kazungu, as it was deemed necessary to protect society from his criminal activities.
When asked his thoughts on the prosecution’s request for the remand, Kazungu told the court that ‘the guard is yours to keep or have it pass through your fingers’.
During the judicial year 2022/2023, 56,379 out of 91,050 reported cases, accounting for 62%, were processed.
The Ministry of Justice has implemented a strategy primarily centered on reconciliation and agreements that hinge on accepting wrongdoing.
When an accused individual confesses to their offense, it may lead to a reduction of charges or a commitment from the prosecution not to seek a sentence exceeding what is stipulated by law.
Presidential directives issued on 05/09/2023 mandate that any agreement must explicitly outline the sentence under consideration by the prosecution, the terms for the accused’s early release, and the mechanisms for restitution to the victim.
This streamlined procedure, which can be initiated at any stage of the trial prior to the court’s verdict, must be ratified by the court while safeguarding the fundamental rights of the accused.
As of May 2023, 280 detainees have already benefited from this conciliation procedure, substantially alleviating prison overcrowding.
As of March 20, 2023, Rwanda’s 13 prisons held over 88,200 inmates, with 12% of them in pre-trial detention.
Dr. Emmanuel Ugirashebuja, the Minister of Justice, expresses optimism about this initiative and highlights the encouraging initial results.
During plea-taking on Wednesday; the accused, Gilbert Ntuyemungu,52, a Rwandan citizen, requested the court to release him on favourable bail terms saying he wanted to reunite with his family in Rwanda. He also argued that he needed treatment for the serious injuries he sustained during the accident that left him confined in a wheelchair.
On Thursday, he was denied bail by Molo Chief Magistrate Hellena Nderitu after the tragic incident occurred at Londiani junction in Kericho County. The court ruled that Ntuyemungu posed a flight risk and and lacked adequate surety to warrant the court to grant him bail.
Ntuyemungu was remanded at Nakuru GK Prison until his case is heard and determined.
Magistrate Nderitu highlighted the lack of evidence suggesting that Ntuyemungu had a fixed abode in Kenya, which could potentially lead him to abscond court proceedings. The absence of a repatriation treaty between Kenya and Rwanda further supported the court’s decision to deny bail, given the seriousness of the charges, which involve the death of 53 people and injuries to 25 others.
During his time in remand at Nakuru GK Prison, Ntuyemungu will be provided with witness statements, exhibits, the charge sheet, and other documentary evidence to aid in his defense.
Ntuyemungu has strongly denied the 90 charges brought against him, including causing death by dangerous driving, causing injuries, and causing damage to 10 motor vehicles on July 3, along Nakuru-Kericho Highway. He maintains that the incident was not caused by reckless driving but rather by an accident resulting from the truck’s brake failure. He claims that he had no motive or intent to harm the victims, whom he considered strangers to him.
However, the investigating officer, Florence Auma, has stated in her affidavit that the accused is facing charges of mass killing due to careless driving and other serious offenses. Auma emphasized the severity of the potential punishment if Ntuyemungu were found guilty and expressed concerns that he might attempt to flee the country.
The court ruled against the deportation scheme under the Migration and Economic Development Partnership, a bilateral agreement signed between Rwanda and the UK in April of last year.
This agreement mandated the UK to provide an upfront investment of £120 million to fund various opportunities for both Rwandans and migrants, such as secondary qualifications, vocational training, language lessons, and higher education.
Initially, the deportation arrangement aimed to deter illegal crossings into the UK and reduce the annual budget allocated for handling illegal migrants. In a bid to expand support for deportations, Rwanda and the UK signed an additional agreement earlier this year.
The intention was to ensure that upon arrival in Rwanda, asylum seekers from African countries and other regions would be treated with dignity, similar to Rwandans. The plan included providing assistance for those willing to return to their home countries.
The scheduled arrival of the first group of migrants in Rwanda was originally set for July 2022.
However, this deadline was extended following a complaint filed by organizations advocating for migrants’ rights.
In December 2022, the High Court in the UK initially ruled in favor of the country’s deportation policy, allowing the implementation of the migration and economic development partnership.
However, campaigners contested this decision and brought the case to the Court of Appeal, which has now ruled against the deportation plans.
According to The Telegraph, three judges from the Court of Appeal reached a majority decision of two to one, stating that Rwanda does not qualify as a safe country for asylum seekers.
Consequently, the court deemed the deportation of migrants to Rwanda for the purpose of claiming asylum to be unlawful.
This ruling contradicts the stance of UK Prime Minister Rishi Sunak and Home Secretary, Suella Braverman who had repeatedly defended the deportation plan, highlighting Rwanda’s track record in effectively managing refugee and migrant crisis.
In response to the ruling, reports indicate that the Prime Minister and Home Secretary are expected to appeal the decision to the Supreme Court.
This decision comes at a time when Rwanda has initiated the construction of approximately 40,000 permanent homes, with a portion of them designated for migrants removed from the UK.
