The appeal trial of the FLN-MRCD terror case continued on Monday, January 24, as prosecution outlined the reasons for which it is seeking increased jail terms for the convicts.

During the hearing at the Court of Appeal, prosecutors questioned the validity of the mitigating circumstances on which the high court based to hand the convicts lesser sentences back in September last year when issuing the verdict.

Though the prosecutors had called for hefty penalties including life imprisonment during the trial on first instance, the high court judges issued reduced ones, mainly basing on two mitigating factors; the cooperation of some defendants and the fact that majority of them were first time offenders. 

However, during the hearing on Monday, the prosecutors protested the decision, saying that judges in the lower court ignored the weight of the crimes that the defendants were being prosecuted for.

They also questioned some convicts’ guilty pleas, saying they were partial.

For instance, concerning Paul Rusesabagina who was sentenced to 25 years after he was convicted of being part of a terror group as well as committing and taking part in terror acts, prosecutors argued that there was no reasonable ground for not giving him the maximum sentence.

Rusesabagina had earlier in the trial on first instance boycotted the trial. He has done the same for the appeal case. 

"Though there are some crimes to which he admitted during the stages of investigation and during pre-trial hearing bail hearing, he recanted his statements later.

"He reached an extent of refusing to acknowledge the competence of the court, and later boycotted the trial before explaining his role in the crimes,” reads part of the submissions that the prosecutors wrote to the court.

"Prosecution finds that this behavior does not provide reasonable ground for mitigating circumstances.”

According to the law, when convicted of being part of a terror group, a person gets a prison sentence that is not less than 15 years but not above 20; and when convicted for committing and taking part in terrorism activities that led to serious effects for example death, a person gets a life sentence.

The prosecutors also argued that the fact that Rusesabagina had never been convicted before should not be reason to ignore the fact that he needs to be given a sentence commensurate with the crimes he committed.

They cited his lack of remorse, the people killed during the FLN attacks, others who were left with permanent injuries and property destroyed as the aggravating factors on which court should have based to hand him a maximum sentence.

Rusesabagina founded FLN through MRCD, a political group for which he was founding president.

On similar grounds, prosecutors are also challenging the jail terms of nine other convicts including Marc Nizeyimana, Felicien Nsanzubukire, Anastase Munyaneza, Herman Nsengimana, Andre Kwitonda, Jean Cretien Ndagijimana, Emmanuel Nshimiyimana, Theogene Hakizimana and Angelina Mukandutiye.

Nsanzubukire and Munyaneza, who both held the rank of ‘Major General’ in the militia ranks, feature on the UN sanctions list for superintending over killings of innocent civilians in DR Congo.

In addition, the prosecutors also argue that some convicts’ jail terms were reduced below the minimum sentence prescribed for crimes they were convicted for.

This concerns 12 convicts; Callixte Nsabimana, Nizeyimana, Simeone Nikuzwe, Joseph Ntabanganyimana, Marcel Niyirora, Emmanuel Iyamuremye, Nsengimana, Kwitonda, Nshimiyimana, Ndagijimana, Hakizimana, and Mukandutiye.

The FLN is the militia outfit that was behind the 2018 and 2019 attacks in South-Western Rwanda, where at least nine unarmed civilians lost their lives, more others injured and property destroyed or looted.