Category: Justice

  • Rusesabagina, Sankara and co-accused to return to court

    The appeal hearing is scheduled on Monday.

    On 20th September 2021, the High Court Special Chamber for International and Cross-border crimes convicted them of different charges including terrorism.

    The court convicted former President of MRCD-FLN terrorist group, Paul Rusesabagina of terrorism charges and handed him 25-year jail term while Callixte Nsabimana alias Sankara, the former spokesperson for the terror group was sentenced to 20 years behind bars.

    The remaining nineteen co-accused individuals were sentenced from three to 20 years.

    Following the ruling, the accused, plaintiffs and the Prosecution were given 30 days for appeal

    Later on, it was said that 13 of convicts and 74 survivors of FLN attacks who sought compensation expressed dissatisfaction with the judgment separately and filed an appeal.

    During trial proceedings, 94 survivors of the attacks sought over Rwf1 billion but the court resolved that few of them would get compensated and the amount was below demanded compensation.

    Towards the end of last year; the Prosecutor General, Aimable Havugiyaremye said that the appeal was filed following dissatisfaction with verdicts.

    He also revealed that the Prosecution was not happy with the acquittal of Rusesabagina on the formation of an irregular armed group and handed sentence among others.

    Rusesabagina who did not appeal against the 25-year jail term, had boycotted the court during trial proceedings citing zero expectation of fair trial.

    The convicts faced charges including the formation of an irregular armed group, membership of a terrorist group, financing terrorism, murder as an act of terrorism, arson as an act of terrorism, attempted murder as an act of terrorism, and assault and battery as an act of terrorism.

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

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

    The Court of Appeal is set to begin the hearing in a case involving Paul Rusesabagina and 19 co-accused terror suspects.

  • Trial of Munyenyezi postponed again

    Munyenyezi’s trial in substance was scheduled to begin on Thursday 6th January 2022.

    The Spokesperson of Rwanda’s Judiciary, Harrison Mutabazi has told IGIHE that the trial in substance has been postponed due to unavailability of defense lawyers.

    He disclosed that Munyenyezi’s defense lawyers informed the court about
    Following the decision to adjourn the trial on 9th December 2021, Munyenyezi’s defense lawyers informed the court that they would not make it as they had other clients to assist on the same date.

    “The court accepted their request and adjourned the trial to 18th January 2022 from 8a.m,” Mutabazi said.

    Munyenyezi is facing seven charges linked to her role in the 1994 Genocide against Tutsi and crimes against humanity.

    These include manslaughter as Genocide crime, preparation of Genocide, direct or indirect mobilization to perpetrate Genocide, conspiracy during Genocide, extermination as a crime against humanity and conspiracy to commit rape.

    Munyenyezi was deported to Rwanda from the United States on 16th April 2021 and appeared before court towards the end of same month.

    Munyenyezi is facing seven charges linked to her role in the 1994 Genocide against Tutsi and crimes against humanity.

  • Dr. Munyakazi handed five-year suspended jail term

    He was accused of abusing power and being a matchmaker in bribery scandal.

    Dr. Munyakazi was not presented as the court read the ruling on Wednesday 15th December 2021.

    He is co-accused with Abdu Gahima, a local businessman and owner of Good Harvest School, a private school located in the Kicukiro District.

    Nyarugenge Intermediate Court had sentenced Dr. Munyakazi for ten years and slapped him Rwf10 million fine on 16th October 2021 while Gahima was given five-year sentence and slapped Rwf2 million fine.

    The ruling read on Wednesday saw the sentence handed to Munyakazi reduced by half.

    Among others, the court rejected Gahima’s appeal and maintained his five-year jail term while the fine was reduced to Rwf 1.5 million.

    Dr. Munyakazi has been handed five-year suspended jail term.

  • Munyenyezi’s trial adjourned

    The trial was scheduled to take place virtually on Thursday 9th December 2021.

    The court’s registrar has told IGIHE that the trial has been postponed to 6th January 2022 because assigned judges have left for training.

    Munyenyezi had filed a request to be tried in-person which was expected to be reviewed today.

    She is facing seven charges linked to her role in Genocide and crimes against humanity.

    These include manslaughter as Genocide crime, preparation of Genocide, direct or indirect mobilization to perpetrate Genocide, conspiracy during Genocide, extermination as a crime against humanity and conspiracy to commit rape.

    Munyenyezi was deported to Rwanda from the United States on 16th April 2021 and appeared before court towards the end of same month.

    Her trial is postponed shortly after rejecting two defense lawyers including Gatera Gashabana and Pierre Célestin Buhuru.

    IGIHE has learnt that lawyer Bruce Bikotwa is the current lead defense lawyer of Munyenyezi.

    Munyenyezi’s trial has been adjourned.

  • CSP Kayumba convicted of theft, handed five-year jail term

    The duo was sentenced by Nyarugenge Primary Court on Friday 3rd December 2021.

    CSP Kayumba and SP Ntakirutimana were found guilty of crimes including theft, unauthorized access to computer system data and impersonation while co-accused intelligence officer at the prison identified as Ephraim Mutamaniwa has been acquitted.

    Another co-accused Olivier Amani Twizere was also acquitted even though he had pleaded guilty of charges against him.

    During trial proceedings, the Prosecution said that CSP Kayumba approached Olivier Amani, an inmate at Nyarugenge Prison who has IT skills, to help him steal money belonging to Kassem Ayman Mohamed, a British national also incarcerated in Nyarugenge Prison.

    Kassem would normally use his visa card to buy medication and food, and leave the card to the person in charge of social affairs at the prison after use.

    The Prosecution explained that Kayumba ordered the officer to give him the visa card, and took it to Amani to help him withdraw money that was on it.

    In January 2021, it was reported that Kassem Ayman Mohamed, a resident from the United Kingdom detained at the prison was robbed Rwf9, 144,300,000 equivalent to 7,679,911 pounds.

    The money was stolen from his ATM card which he used to shop medication and foods twice a month.

    Twizere admitted that he stole money from Kassem on order of CSP Kayumba.

    Twizere explained that he was obliged to obey his boss lest he would be threatened and accepted after reporting himself several times to the office of CSP Kayumba to plot the theft.

    As Twizere said, he was requested to check balance on inmates’ ATM cards where he established the amount of money possessed by Kassem.

    CSP Kayumba who was also present in court immediately appealed against the ruling.

    He had appeared in court for the first time along with co-accused, ten months ago.

    CSP Kayumba has been convicted of theft and handed five-year jail term.

  • Prosecution appeals against verdict in court case of Ishema TV owner

    The Prosecution has announced plans to file an appeal few days following the sentence handed to Niyonsenga.

    The young man was convicted of four crimes including forgery, impersonation, and criminal obstruction of security officials and humiliating state officials.

    “Prosecution has lodged a 2nd appeal in the case against Niyonsenga Dieudonné alias Cyuma Hassan. The grounds for appeal is to correct an error convicting Cyuma for the crime of humiliating public service officials, a crime that was repealed in 2019,” reads the statement released by NPPA on Tuesday 16th November 2021.

    The Prosecution has requested that the other three charges, related to assault and criminal obstruction of security officials, practicing journalism without the required permit, forgery and presenting forged press cards as well as the sentence remain unchanged.

    The crimes were committed on 15th April 2020 when he declined to obey security officials that requested him to comply with COVID-19 preventive measures.

    At the time, he was arrested and later acquitted by Gasabo Intermediary Court. The Prosecution appealed against the verdict whereafter, he was handed seven-year sentence by the High Court which also ordered his arrest. He was detained on 11th November 2021 one day after court delivered the verdict.

    The Prosecution has filed an appeal against the verdict in which Cyuma was convicted of crimes including humiliation of state officials.

  • Dr. Kayumba remanded

    Dr. Kayumba is accused of rape attempt to rape crimes.

    The court has stated that there are evidences pinning the suspect on sexual assault accusation filed by the latter’s former home servant which prompted the remand.

    The court has also explained that Dr. Kayumba’s profile portrays him as a journalist running his own media house which he would use to tamper with evidences once released.

    The Presiding judge has said that the suspect and his defense lawyer, Jean Bosco Ntirenganya have five days to appeal against the decision at Nyarugenge Intermediary Court.

    Dr. Kayumba, 50, has been denying accusations linking his detention to political reasons.

    He requested his release explaining that he cannot rape a house servant.

    Dr. Kayumba appeared in court on 28th September 2021 at Kicukiro Primary Court for hearing on his release or remand.

    The ruling has been read virtually.

    The suspect was detained at Kicukiro Police Station early September 2021.

  • Idamange handed 15-year sentence

    Harrison Mutabazi, the Spokesperson for the Judiciary has told IGIHE that the ruling was read on Thursday September 2021 at the headquarters of the aforementioned court.

    Idamange, 42, was arrested on 15th February 2021 few days after featuring in series of talk shows aired on YouTube where she called on people to wage riots at Presidency Office.

    She appeared in court for first time on 4th March 2021 for hearing on remand or release on bail.

    Idamange (in the middle) with her defense lawyers in court.

  • France’s Sarkozy convicted of illegal campaign financing

    Sarkozy, 66, is unlikely to go to jail despite Thursday’s ruling.

    He is expected to appeal the sentence, a move that will in effect suspend it.

    The judge said he could serve the sentence at home with an electronic tag.

    Sarkozy, France’s president from 2007 to 2012, was accused of having spent almost twice the maximum legal amount of 22.5 million euros ($26m) on a re-election bid that he lost to the Socialist Party’s Francois Hollande.

    Part of the sum was allegedly used to fund extravagant campaign rallies and then hire public relations agency Bygmalion to mask the real cost of the events.

    At Sarkozy’s five-week trial in May and June, the prosecution portrayed him as having a “cavalier” attitude to the public money available to candidates during campaigning, saying he ignored warnings from his accountants about the ballooning costs.

    Al Jazeera’s Natacha Butler, reporting from Paris, said the court’s judge had concluded it was “clear that Sarkozy must have known that his campaign team were spending over the legal limit”.

    The verdict was harsher than expected, she said, adding that with the latest conviction, Sarkozy’s political career was definitively “over”.

    “Prosecutors had asked for a year-long sentence but with six months suspended,” she said.

    “And in terms of the symbolism, it won’t be lost on the public that this verdict sends out a message to political candidates and parties that they cannot just act with impunity,” she said.

    France is heading into a presidential election next year.

    Sarkozy denies wrongdoing

    The ruling came after Sarkozy was found guilty on March 1 of corruption and influence peddling in another case. He was given a year in prison, and a two-year suspended prison sentence in that case, but is free pending an appeal.

    Sarkozy, who was not present in court on Thursday, has repeatedly denied wrongdoing in both cases.

    He told the court in June that he had not been involved in the logistics of his campaign, nor aware of how money was spent during the election run-up.

    “Can you imagine me going into a meeting to discuss the cost of flags?” he said, before claiming he had “too much to do”.

    “From the moment I was told things were in order, I had no reason to give it more thought.”

    But the court ultimately decided Sarkozy was made aware of the overspending, that he did not act on it and that it was not necessary for him to approve each individual expenditure to be responsible.

    Nicolas Sarkozy: Photo Lionel Bonaventure | AFP | Getty Images

  • Rusesabagina handed 25-year sentence

    Rusesabagina was arrested in August last year. He has been undergoing trial along with 20 co-accused terror suspects including Callixte Nsabimana alias Sankara, the former spokesperson for the terror group.

    The suspects face charges including the formation of an irregular armed group, membership of a terrorist group, financing terrorism, murder as an act of terrorism, arson as an act of terrorism, attempted murder as an act of terrorism, and assault and battery as an act of terrorism.

    The crimes were committed since 2018 when the aforementioned terror group plotted attacks to Rwanda which claimed lives of nine innocent residents in the Southern Province.

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

    During trial proceedings, the Prosecution sought life sentence for Rusesabagina and 25 years for Callixte Sankara.

    Among those sentenced was the FLN’s commander and spokesperson, Callixte Nsabimana, who was arrested in 2019. Prior to this, he had claimed responsibility for the 2018 attacks, and had announced plans for further attacks. He has been sentenced to twenty years in prison, having pleaded guilty to most charges.

    Another FLN spokesperson, Herman Nsengimana, was sentenced to five years in prison. A member of the CNRD (Conseil national pour la renaissance et la démocratie), Nsengimana was arrested in 2019 in Congo’s South Kivu province along with over 400 other CNRD insurgents.The CNRD is a splinter faction of the Congo-based FDLR (Democratic Forces for the Liberation of Rwanda). It was led by FLN co-founder Colonel Wilson Iratekega until his death in January 2020.

    Also convicted was the FLN’s founder, Paul Rusesabagina, who was sentenced to twenty-five years. Prior to the trial, Rusesabagina publicly admitted to founding the group as the armed wing of his political party, the Rwandan Movement for Democratic Change (MRCD). He had repeatedly expressed support for the group’s activities including after the 2018 attacks.

    Rwanda Government Spokesperson, Yolande Makolo has said that the ‘lengthy trial has exposed the terrorist activities of the FLN group led by Rusesabagina’ noting that the ruling has delivered justice.

    “The evidence against the accused was indisputable, and the people of Rwanda will feel safer now justice has been delivered. The trial has been a long and painful ordeal for the victims of FLN attacks, particularly for those who were called upon to testify. Our thoughts today are with these brave witnesses, and the family and friends of the victims,” she said.

    What to know about the case involving terror suspects

    1) The first FLN attack took place on 19 June 2018, in Nyabimata, Nyaruguru District. A subsequent attack took place nearby, in Kitabi, Nyamagabe District on 15 December 2018. Nine Rwandan civilians lost their lives in the attacks. The victims included two children: Ornella Sine Atete (13), and Isaac Niwenshuti (17).

    2) In December 2018, Callixte Nsabimana, also known as “Sankara”, took to international radio and social media to announce that the FLN had claimed responsibility for these attacks. He was arrested in April 2019, and immediately pled guilty to 16 charges of terrorism.

    3) The FLN is the military arm of the PDR-Ihumure party founded by Paul Rusesabagina, and the Rwandan Movement for Democratic Change (MRCD) political coalition which he led.

    4) Also in December 2018, Rusesabagina issued a statement on the MRCD-Ubumwe YouTube channel (later removed but can be found here) as the “President of MRCD-FLN”. In the statement he announced that the FLN had “launched a military struggle to liberate the Rwandan people”, and that “the time has come for us to use any means possible to bring about change in Rwanda”. He pledged his “unreserved support that our youth, the National Liberation Forces, launches against the Kagame army, in order to free the Rwandan people”.

    5) On 21 October 2019 Belgian Police searched Rusesabagina house in Brussels and on 13 May 2020 Belgian Prosecution Authority sent to NPPA evidence obtained from the inspection of computers and telephones seized during the search.

    6) On 31 August 31, 2020, the Rwanda Investigation Bureau announced that Mr. Rusesabagina was in its custody. He had been the subject of an arrest warrant and was subsequently charged with multiple offences, including terrorism for founding the National Liberation Front (FLN).

    7) On 3 December 2020, the High Court Chamber for International Crimes agreed to the request to merge the trial of Mr. Rusesabagina and his co-accused.

    8) The trial was initially scheduled to begin on 26 January 2021 was postponed due to COVID concerns. Proceedings eventually commenced on 17 February 2021. A live stream of the trial, including one with English translation, was available online throughout.

    9) The court was also shown various documents, including e-mail message records, revealing that Rusesabagina was in direct contact with Antoine Hakizimana (aka Gen Jeva), commander of the FLN’s operations in the northern region of the DRC. In the exchange, Hakizimana updated Rusesabagina on the group’s current military operations and asked him for additional financial assistance. Rusesabagina thanked him for the report and promised to provide funding.

    10) Further evidence was provided by Dr. Michelle Martin, an American human rights activist and professor, and former volunteer at the Chicago-based Hotel Rwanda Rusesabagina Foundation. In her testimony, during which she displayed and read items from Rusesabagina’s personal e-mail correspondence, she expressed her belief that the foundation “operated as a political organisation whose apparent primary goal was overthrowing the Rwandan Government”.

    Paul Rusesabagina has been handed 25-year sentence.