The Belgian Court of Higher Instance, Monday set February 10, as the date on which it will pronounce itself on the applications by lawyers representing France in the case filed by Rwandan senior military officers.

Lawyers representing the French Government and judge Jean Louis Bruguière on Monday submitted an application to the Belgian Court claiming ‘sovereign immunity’ from being tried by a Belgian court.

The governments of France and Belgium together with Bruguière are respondents in the case filed in 2007 by Lt Gen Charles Kayonga and Brig Gen Jack Nziza, both senior officers in the Rwanda Defence Forces (RDF).

The two Generals are challenging indictments issued in 2006 by Bruguière, claiming that as former officers in the Rwandese Patriotic Front (RPF), they together with eight others had a role in the shooting down of a plane that was carrying former President Juvenal Habyarimana.

The officers maintain that the judge neither bothered to interview them nor did he visit Rwanda as the country where the alleged crime was committed before issuing the indictments

"France claimed immunity from being tried by a Belgian court and this was the matter that was discussed on Monday. It is after the ruling on this application that the trial may begin in substance,” said Justice Minister Tharcisse Karugarama yesterday.

Both France and Belgium were sued by the Generals for having admitted to execute the indictments which they maintain were issued in disregard to norms of International Law and with judge Bruguière being accused of abusing the Principle of Universal Jurisdiction.

He issued the indictments basing on ‘fictitious testimonies’ by witnesses most of whom have since retracted their earlier testimonies claiming they were influenced by some senior French government officials.

Among the witnesses is one Abdul Joshua Ruzibiza, who according to the Bruguière report, is the key witness in the case, who last year went public to say that he was influenced by officials at the Champs Elysée (the French State House) to make the allegations against the RDF officers.

"In fact I was never with Bruguière for more than 30 minutes and I don’t think he can even recognise me if we met,” Ruzibiza had told the press last year.

According to Karugarama, attorneys representing Belgium said the case should be heard in France as the country where the indictments were issued.

Chief of State Protocol, Rose Kabuye was arrested in Germany last November and transferred to France on the basis of Bruguière’s indictments. Her case is expected for mention later this month.

The Government of Rwanda has also filed a case against France challenging the indictments at the International Court of Justice at The Hague stating that her sovereignty has been violated, but France has up to now refused to submit to the ICJ’s jurisdiction.

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