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.
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.
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.
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.
