Supreme Court: Uwinkindi Not Descriminated Against

The Supreme Court in Kigali ruled that Pastor Uwinkindi Jean 62, was not discriminated against when his trial was taken up by the High court.

In the petition he filed before the Supreme Court, Uwinkindi argued that he should instead be tried by a primary court.

The court proceeding focused on two organic laws and constitution. The first law concerns the law governing case transfers from the ICTR and other countries.

The first article of this particular law, stipulates that such transfer cases should be tried before the High Court.

The other law is the one related to the law on ending the semi-traditional Gacaca courts, which states that primary courts can try genocide suspects who did not hold leadership positions at national or regional level at the time of the 1994 genocide.

Pastor Uwinkindi Jean, in the petition requested for the scrapping of article one of the law on transfers, arguing that it discriminates and violets his rights and denies him right to appear before a judge the constitution provides.

Uwinkindi therefore, said that this article is unconstitutional.

The Supreme Court ruled that Uwinkindi’s argument lacked basis.

With the help of different laws and previous recommendations by international human rights groups, the word discrimination was exhaustively explained.

The court said that a suspect can be categorized in public interest and under undisputed reason, thus it cannot be considered discrimination.

The Supreme Court argued that genocide suspects were categorized in attempt to offer equitable justice and to accelerate trials.

The Supreme Court also noted that genocide suspects transferred from the ICTR and other countries will be tried before the High Court instead of lower courts.

The highest court in the country said that the constitution did not contradict the law governing case transfers from ICTR and other countries.

Uwinkindi has the right to appeal the Court’s decision at the same court.

The panel of judges headed by Chief Justice Prof.Sam Rugege during the petition hearing was comprised of 9 jurists.

Prof.Sam Rugege said that all the jury concurred with the verdict.

Orinfor