State calls for nullity of Ingabire Supreme Court case

State Attorneys yesterday requested the Supreme Court not to accept a case filed by terror suspect, Victoire Ingabire, seeking to repeal some articles in the legislations used in her trial.

Tuesday, September 04, 2012
Ingabire (L) with her Lawyer Gatera Gashabana. The New Times / File.

State Attorneys yesterday requested the Supreme Court not to accept a case filed by terror suspect, Victoire Ingabire, seeking to repeal some articles in the legislations used in her trial.The head of the yet to be registered party FDU-Inkingi, is accused, among other charges, of terrorism after evidence presented by the prosecution and witness accounts linked her to a group of militiamen based in DRC with whom she allegedly planned to carry out subversive activities on the Rwandan territory.     She is also accused of promoting genocide ideology. Ingabire petitioned the Supreme Court seeking a repeal of articles 4 and 9 of the law against genocide ideology saying they contradict articles 33 and 34 of the constitution that guarantee freedom of expression.In her trial, which began in September 2011, the High Court had earlier found her statements at Kigali Memorial Centre - Gisozi to be in clear violation of the genocide ideology laws of July 2008.At the Memorial, Ingabire allegedly espoused the double Genocide theory of which, while appearing before the Supreme Court, she again claimed that she found nothing wrong accusing Tutsis of killing Hutus the same way Hutus killed Tutsis.The High Court is due to deliver its ruling on Friday.Appearing before the Supreme Court yesterday, State Attorney Theophile Mbonera said that it was clear the Genocide ideology constitutes a crime because there is a law against it."Secondly, there are always limitations to freedom of expression and the limitations, as the constitution states, are set by laws, of which one is that punishes the genocide ideology.”"Saying that this law contradicts the constitutional supremacy is ridiculous. I may assume someone would be ignorant to challenge this law or may have decided not to understand the law,” said Mbonera in a counter reaction to Ingabire’s lawyer, Gatera Gashabana.Following yesterday’s pleadings, Supreme Court judges said they would render the decision on the application by the defendant on October 5.In the case, Ingabire is accused along with four other suspects who have all pleaded guilty.The four officers who were part of the Democratic Forces for the Liberation of Rwanda (FDLR) militia, confessed to working with Ingabire to stage subversive activities.