The appeal trial of the FLN terror convicts will go on in the absence of their political head Paul Rusesabagina, judges at the Court of Appeal have ruled.

Rusesabagina who is in custody is the founding president of MRCD, the political body that created the FLN terror group.

The first hearing was scheduled to take place on Monday, January 17, but it was adjourned when Rusesabagina failed to turn up in court and some defence lawyers raised issues about whether he had been informed of the trial through legally accepted channels.

On that day, the prosecutors presented to court a letter issued by the Nyarugenge Prison administration, showing that Rusesabagina had been informed of the trial but he willfully refused to attend.

However, defence lawyers representing other convicts questioned the competence of the prison administration as far as serving court summons is concerned and asked the judges to examine the issue before the appeal case could proceed.

For instance, Harriet Murekatete, the lawyer representing Marc Nizeyimana and Cassien Bizimana (Rusesabagina’s fellow convicts) said:

"According to the law, it must be the court’s registrar or bailiffs that serve people their court summons. However, the report presented by prosecution shows that he was served by the prison.”

After a debate between the prosecutors and the lawyers, the judges adjourned the trial to Tuesday, January 18 during which the bench would pronounce itself on this issue.

While ruling on the matter, the presiding judge announced that the prison administration is a competent authority to inform people of court summons, since the law designates prison directors among non-professional bailiffs.

The judges quoted the 2013 law governing bailiff functions in Rwanda which states that:

"Non-professional bailiffs are the following: Executive Secretary of the District; Executive Secretary of the Sector; Executive Secretary of the Cell; Deputy coordinators of Access to Justice Bureaus; Civil servant of the Ministry in charge of the supervision of the execution of judgements; director of prison; any other persons authorized by the law.”

"Court finds that Paul Rusesabagina was informed by the director of Nyarugenge Prison who is mandated by law to do so. He didn’t turn up and did not provide any reason for it. This shows that he decided not to turn up willingly. Therefore, the trial should continue in his absence,” the judges ruled.

The judge ruled that the appeal trial will continue on Thursday, January 20 at 8 am.

More about the appeal:

In the appeal case, both prosecutors and some of the 21 convicts are contesting the September 2021 verdict issued by the High Court Chamber for International and Cross-border Crimes. 

Here, prosecution is appealing against the penalties given to the convicts, saying they are too lenient in comparison to the crimes, among other things.

In a similar way, 14 of the convicted persons claim the penalties they were given are too heavy, considering some mitigating factors, for example, their collaboration with the court during the trial process.

The 14 are part of the 21 who were in September last year convicted by the High Court Chamber for International and Cross-border Crimes and handed varying penalties for having played a role in the terror attacks conducted by the FLN in South Western Rwanda from June 2018 to October 2019. 

At least nine people were killed, several others injured, property looted or destroyed during the attacks.

The convicts had on first instance received penalties ranging from 20 to 3 years in jail.