Former Rwandan military officers Tom Byabagamba and Frank Rusagara have withdrawn their petition from the East African Court of Justice (EACJ) where they were challenging their conviction by Rwandan courts.

The duo is currently serving a 15-year jail term in Rwanda, having been found guilty on charges including spreading rumours with intent to incite citizens to revolt against the established government, illegal possession of firearms, and committing acts aimed at tarnishing the image of the country.

They petitioned the regional court after exhausting all legal avenues in Rwanda.

Byabagamba and Rusagara had initially been sentenced to 21 and 20 years in jail respectively by the Military High Court in 2016, but the Court of Appeal in Kigali slashed their jail terms to 15 years.

Besides the sentence, Byabagamba, who was the rank of Colonel, was dishonourably discharged from Rwanda Defence Force. On his part, Rusagara had retired from the military at the rank of Brigadier General.

In 2020, the two lodged a petition at the EACJ’s sub-registry in Nairobi, requesting that their conviction and sentences be quashed.

Through their lawyer Michael Osundwa, they argued that their detention was unlawful and an infringement of Articles 6,7 and 8 of the treaty establishing the East African Community.

Byabagamba also wanted the court to compel Rwanda to restore his military position without losing his rank.

Withdrawal of petition

However, on Wednesday, March 13, through their lawyer Osundwa, the two convicts asked the EACJ to terminate the petition. Their lawyer did not divulge reasons behind the move.

An attorney from Rwanda who was participating in the court session via video link reacted to the development, saying it was the right of the applicants to withdraw their application.

The five-panel judge decided to grant the request and terminated the case.