Category: Justice

  • Nyaruge Court Once again postpones Nzirasanaho Trial

    Nyaruge Court Once again postpones Nzirasanaho Trial

    Yesterday, Wednesday, Dec. 18, 2013, Nyarugenge Intermediate Court has once again postponed the session trial of former Senator Anastase Nzirasanaho

    The postponement was motivated by the fact that currently all judges are undergoing a two day retreat which is taking place in Gabiro Military Camp, East of the country from December 18th to December 19th 2013.

    During Wednesday’s trial the court was expected to listen to a recorded sound certifying a conspiracy against Nzirasanaho of his assumed role during the 1994 Genocide against Tutsis.

    Earlier on November 21, the trial was postponed again under the pretext that the voice of the document was defective.

    It was requested that the document be reworked so that the voice comes out well. This postponement is the fourth of its kind since the hearings began. The appointment set by the court is that of 24 December 2013.

  • French Institution develops curricula denying the Genocide against Tutsis

    With sadness Ibuka France is protesting against erroneous curricula regarding Rwandan History Chapter where French Establishment CNED misrepresents the history of genocide against the Tutsi.

    According to CNED, Tutsi committed genocide against the Hutu Ethnic group.

    To protest this, Ibuka France has written an official letter to the French Minister of Education, Vincent Peillon, asking him to direct the CNED to correct the falsification of this episode of the history of Rwanda.

    Ibuka France gave also a copy of the letter to President François Hollande and the Minister of Justice, Mrs Taubira.

    The Letter starts as this “ It is with sadness and indignation that Ibuka France learned that the prestigious French institution CNED taught since last summer, around the world that the genocide in Rwanda in 1994 was committed by Tutsis against Hutus.

    Ibuka France has asked the French Minister of Education , Vincent Peillon, to order the: withdrawal from circulation the entire edition, publishing in a newspaper a statement announcing the withdrawal and set up in France , a complete educational history of genocide including the Genocide committed against Tutsi in 1994.

    The Rwandan Genocide was a genocidal mass slaughter of ethnic Tutsis by ethnic Hutus that took place in 1994 in the East African state of Rwanda. Over the course of approximately 100 days (from the assassination of Juvénal Habyarimana and Cyprien Ntaryamira on April 6 through mid-July) a million of Tutsis and moderate hutus were killed.


    Glimpse on France role in 1994 Genocide

    France has been a long time accused to play a significant role in the 1994 Genocide against Tutsi.

    In 2010, Former French President Nicolas Sarkozy admitted that French “errors” had contributed to the Rwandan genocide in 1994.

    President Nicolas Sarkozy at Kigali's genocide Memorial Centre

    On the first visit by a French leader to Rwanda for 25 years, Mr Sarkozy did not formally apologise. Nor did he accept allegations that France had played an active role in training and arming the Hutu militias and troops who led massacres of Tutsis and moderate Hutus.

    But he suggested that the entire international community – and France in particular – should accept that its response had been culpably weak.

    Meanwhile in 1998, a French parliamentary investigation admitted that the late President François Mitterrand and the then centre-right government in France had been blinded by supposed French interests in the region into siding with radical, and eventually murderous, Hutu groups.

    How far was Mitterrand’s Government involved in the slaughter of hundreds of thousands of Rwandans?

    In a column written by Linda Melvern, the author of Conspiracy to Murder: The Rwandan Genocide (Verso 2006), acknowledged that there is a remarkable television footage shot in the first days of the genocide in Rwanda. It shows a large room in the French Embassy in Kigali filled floor to ceiling with shredded documents.

    This was probably the paper trail that might have revealed the depth of involvement between the Elysée Palace and the Hutu faction responsible for massacring hundreds of thousands of Tutsi and opposition Hutu.

    Rwanda’s commission of inquiry published its findings into the role of France in the genocide of 1994.

    The report – the fruit of two years’ work that includes the testimony of 638 witnesses, including survivors and perpetrators of genocide – is damning. It says that certain French politicians, diplomats and military leaders – including President François Mitterrand – were complicit in genocide.

    The French authorities knowingly aided and abetted what happened by training Hutu militia and devising strategy for Rwanda’s armed forces.

    Training and funding was also given to Rwandan intelligence services on how to establish a database later used to draw up a “kill list” of Tutsi.

    The most shocking allegations come from survivors who allege that French soldiers participated in the massacres of Tutsi.

    These soldiers were a part of Operation Turquoise, a French military intervention in June 1994, an ostensibly humanitarian mission that had the backing of the UN Security Council.

    The Rwanda report directly contradicts an investigation by the French Senate, which reported in 1998 that France had in no way “incited or encouraged” the genocide.

    But it also builds on the Senate’s work, which had revealed how some French actions had been “regrettable”, and “the threat of a possible genocide had been underestimated”.

  • Higher Learning Institutions to play role in Law research and drafting

    Higher Learning Institutions to play role in Law research and drafting

    The Ministry of Justice revealed that the Faculty of Law in the University of Rwanda (Former NUR) and the Stanford Law School (SLS) from California will work with the Rwandan Law Reform Commission (RLRC) in the process of strengthening connections between policy formulation, law drafting and law making.

    Minister of Justice and the Attorney General Busingye Johnston reveals that shortly after meeting with representatives of those institutions who gathered in Kigali to discuss the new tripartite intellectual partnership among Learning and Legal institutions and external actors to build the Rwandan Capacity in policy making and law drafting.

    Busingye told delegates, including two teachers and 4 Student from SLS that this is the first time that the Rwandan Legal sector is creating partnership with academic institution in the process of law making according to the desired law development.

    “This is the new relationship within justice sector that is aiming to ensure the quality of law. We really appreciate this opportunity of working with law experts and researchers. We expect a lot of changes in this collaboration,” Busingye said.

    He insisted that this new system is not coming to block the usual system but it comes as an added advantage for the benefit of law reform.

    According to Erik Jensen, Professor of the Practice of Law and Co-Director in the Rule of Law Program, such collaboration is meaningful today as legal systems development creates challenges to formal laws.

    “This collaboration is so useful because transition in legal systems generates many challenges that are resolvable by taking creative measure.”

    Opportunities are expected to all sides as SLS will contribute to the research in Rwanda when students will be also gaining from the Rwanda Justice experiences especially for those who aspire to play their role in the international law system.

    Besides Rwandan Students will also be given the opportunity to explore the abroad justice experience through this better collaboration which is expected to be permanent.

    ntawiclaude@igihe.com

  • The Appeal Trial of Former MRND Leaders deferred

    The Appeal Trial of Former MRND Leaders deferred

    The Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) has deferred “at the beginning of next year,” hearings in the trial of former President and Vice- President of MRND, IGIHE learn from the Source.

    According to the previous calendar, these hearings would be held Monday and Tuesday.

    The ICTR spokesman Roland Amoussouga told Hirondelle News Agency on Monday that the appeal trial was postponed “at the beginning of next year 2014,” a date to be specified later.

    Ngirumpatse Mathieu, who was president of the MRND, and Karemera , who was vice -president , were sentenced to life imprisonment in December 21th, 2011 after being convicted of crimes of genocide, crimes against humanity and war crimes, including failing to prevent abuses committed by young people ‘Interahamwe’ who were in their party.

  • ICTR: Ndahimana collapsed in his chair after being sentenced to 25 Years in Prison

    ICTR: Ndahimana collapsed in his chair after being sentenced to 25 Years in Prison

    The Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) has sentenced, Monday, 16th December 2013, to 25 years in prison, a former mayor who had been sentenced to 15 years in prison in the first instance.

    Grégoire Ndahimana, 60, is convicted of Genocide crimes and Extermination of Tutsis during the 1994 Genocide against Tutsi.

    During the Genocide, Ndahimana was the Mayor of Kivumu commune in prefecture of Kibuye today the Western province of Rwanda.

    “The Appeals Chamber, sitting in an open court cancels the sentence of 15 years in prison and imposed a sentence of 25 years imprisonment,” said Judge Theodor Meron while reading an English summary of the judgment.

    The five judges of Appeal upheld his conviction for genocide and extermination (crimes against humanity), but with a form of greater responsibility.

    The Trial Chamber sentenced him for not sanctioned communal policemen who were involved in the attack against the Tutsi refugees at Nyange Catholic church. It was on 15 April 1994.

    He was also convicted of “tacit approval” of the destruction of the church building the following day.

    The Nyange church was demolished with a bulldozer, April 16, and burying nearly 2,000 Tutsis who were there.

    To the Appeals Chamber, the former mayor was indeed led by the genocidal intent and acted “within the framework of a joint criminal enterprise (JCE) to exterminate the Tutsis in the commune of Kivumu.”

    The judgment emphasizes that Ndahimana and other dignitaries of the place shared beer, by way of jubilation after the destruction of the church. After reading the judgment, the former mayor who was standing in the courtroom, collapsed suddenly in his chair. For his part, his wife, Esther, present in the court could not hold back her tears.

    Ndahimana was arrested in August 10, 2009 in the eastern Democratic Republic of Congo (DRC) and transferred to the detention center of the United Nations in Arusha, Tanzania, 11 days later. His trial began Sept. 6, 2010. He is the third person convicted by the ICTR for the killing of Nyange church after the former priest of this parish Seromba and businessman Gaspard Kanyarukiga