Germany violated article 40 of the Vienna Convention

The Kigali Bar (lawyer) Association has condemned the arrest of Rose Kabuye stating that by doing so, Germany violated article 40 of the Vienna Convention.

This article was adopted on 18 April 1961 giving diplomatic immunity to any official on diplomatic duties in any country that is a member of the United Nations.

They announced this in a press conference held at Hotel Novotel in Gasabo on Monday.

The association while addressing the media also showed the loopholes in the French Judge’s arrest warrants and indictments.

One of the loopholes is that the Judge did not follow some of the international laws like the right to defence.

Another loophole is Bruguiere’s admission that he did his research basing only on testimonies from people who fled the country and on researches by the French and Belgian commissions which he also does not quote in his warrants.

Pages 62 and 64 of Bruguiere’s report on which the arrest warrants are based, are full of misleading information with most names incorrectly spelled. 

"This is also not in line with the international law because the indicted persons should have a full and correct profile and it also shows that he (Briguiere) did not make enough research before issuing the indictments,” says Gatera Gashabana, the president of the association.

After analysing and finding those loopholes, the association concluded that the indictments have very many irregularities and they should be considered as baseless.

A team of Rwandan Lawyers
It is in this regard, therefore, that the Kigali Bar Association has appointed a team of Rwandan lawyers who will work hand in hand with their French counterparts to see that Kabuye receives justice in the French courts of law.

"We have appointed a team of lawyers who will work with the French lawyers on Kabuye’s defence. They are going to work free of charge by giving technical support in this case, and we are doing it as a way of showing patriotism and also defending our citizen,” said Bosco Kazungu, a member of the Bar Association.

Answering a question from the audience which was inquiring whether Rwandan Lawyers were internationally recognised, Gatera responded that they are.

"Our association is in the Union of International Lawyers and we can defend our people from any country where common law is used,” he said.

Can the French Judicial system be trusted?
During the press conference, members of the media showed concern about the degree of trustworthiness the French Justice system could be given in Kabuye’s case.

In answering the question, several members of the association stressed that the French judicial system has a set of laws which it follows while implementing justice and that if it is not followed; they have to battle it by law.

Rose Kabuye is expected to be transferred to France today.

Ends