Genocide suspect, Leon Mugesera is appearing before High Court where his case will be heard in substance.
Prosecution Spokesman Alain Mukurarinda was quoted by NewTimes saying, “Mugesera’s case is expected to begin in substance today and his case will be tried by the High Court though not the special chamber.”
However, Mugesera had appealed in the Supreme Court challenging his pre-trial procedure.
He argued that article 162 of the code for civil and administrative procedures on which the Nyarugenge Intermediate Court based its decision contradicts article 18 of the constitution.
Article 18 of the Rwandan Constitution provides that: “Any person who was a party to the proceedings in the first instance may appeal the judgment if he/she has an interest therein, except when the law provides otherwise.”
It adds that: “However, the appeal against an interlocutory judgment shall be made only jointly with the final judgment. In this case, the time limit for appealing against the interlocutory judgment starts running from the date on which the final judgment was notified to the party”.
According to the applicant, if the decision based on article 162 of the procedural code is upheld, it would undermine the constitution and his right to have more time to study his dossier.
The Supreme Court will on September 28 pronounce its decision on whether to hear or reject Mugesera’s application.
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