Judge declares Rusesabagina an imposter

A British court has backed a request by the Government of Rwanda for the extradition of four men accused of committing Genocide in Rwanda.

In a verdict read out yesterday by the Designated District Judge of the City of Westminster Magistrates’ Court Anthony Evans, the court ruled that the defence had failed to convince court that Rwandan judiciary was incompetent and that it lacked independence to try the quartet.

The three former Mayors in the Southern Province and a medical doctor had been fighting the extradition request since December 2006.

Célestin Ugirashebuja was arrested in Essex, Charles Munyaneza in Bedford, Emmanuel Nteziryayo in     Manchester, while Dr Vincent Bajinya was arrested in north London. Information available to The New Times suggests that some of the suspects had changed their identities to escape arrest.

Dr Bajinya, who has dual nationality, had changed his names to Vincent Brown, while Nteziryayo had lied to British immigration officials that he was a Burundian refugee by the name of Ndikumana.

The defendants had enlisted Paul Rusesabagina as a principal "expert witness” but the judge saw through the lies and thoroughly rubbished the testimony.

"He describes himself as a humanitarian,” the judge said.
"I do not accept that this witness may be regarded as an expert witness.

He possesses no qualifications to this end and his only publication appears to be his autobiography. His evidence is that of an implacable opponent of the regime and can not in any way be regarded as that of an expert witness”

Judge Evans did not did mince his words when he described Rusesabagina’s testimony.

"He was not independent. He is clearly a very strong opponent of the present regime, even going so far as to suggest that it was responsible for the genocide, and making other wild and exaggerated claims.”

The four Genocide suspects are all accused of, among others, conspiracy to commit genocide; complicity in genocide; crimes against humanity; pre-mediated murder; formation, membership, leadership and participation in an association of a criminal gang; and inciting and aiding public disorder.

"Apart from the logistical and practical difficulties of bringing witnesses both prosecution and defence from Rwanda, it is the correct course of action for the trials to take place in Rwanda and that is not a disproportionate response,” Judge Evans said. 

"The acquittal rate in Rwanda was running at over 21 percent,” and cited other sources that have put the figure at the moment at 30 percent.

"This is indicative not only of the availability of witnesses, but also of the independence of the courts,” stated the ruling.

In Kigali the Government welcomed the decision, describing it as a testimony that the country has the necessary capacity to handle cases against Genocide masterminds.

"We believe it’s a good decision in a sense that Rwanda has indeed met the criteria given the preparations that we have made to enable us to receive cases from ICTR and in any country all over the world,” Justice Minister Tharcisse Karugarama stated moments after the ruling.

He said that Rwanda had accomplished four main things to enable her receive and conduct such cases. "Since last year, the ICTR has been working with us along with other international partners to build the capacity that will make it possible for Rwanda to handle transferred cases,” he said.

"Secondly, we have a court house designed to hold cases of that nature. A room has been put aside at the Supreme Court and fitted with all the necessary technology and infrastructure to handle the cases.

"It has been visited by officials from the ICTR and other international partners, who have all confirmed that it is capable of holding public audiences that meet international standards,” the minister explained.

A special prison has also been built in Mpanga, Muhanga District in the Southern Province, and has been approved by ICTR and other partners as being in line with acceptable international standards.

Another important factor is that Rwanda abolished the death penalty in 2007. "I must also highlight the fact that Rwanda has been trying Genocide cases for the last 14 years; therefore, our judges have the experience in dealing with cases of that nature,” Karugarama, who is also the Attorney General, added.

"We believe people outside Rwanda should see those positive policies and support them instead of negating them and making wild allegations that Rwanda does not have the capacity to conduct fair and transparent trials. Anybody saying that is wrong, both on the basis of facts and on law,” Karugarama charged.

In a related development, Karugarama said Rwanda would file an amicus curie brief with the ICTR Appeals Chamber to overturn the recent decision by a lower trial chamber to block the transfer of former businessman Yusuf Munyakazi’s case to Rwanda. ICTR Prosecution is also expected to appeal against the decision.

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