Court remands Genocide suspect Mbarushimana

The Nyarugunga Primary Court yesterday remanded Emmanuel Mbarushimana for a month to allow prosecution to complete investigations into the charges against him. Mbarushimana was extradited from Denmark last month and is facing Genocide charges. Announcing the verdict, the judge at the Kicukiro-based court said the 52-year-old suspect could not be granted bail because there was no guarantee he would not flee the country. Judge Alexis Ndahigwa said the fact that the suspect was in custody before being extradited from Denmark is a sign that even the judicial system of the country where he had lived for more than 10 years had concerns he would jump bail if released. Ndahigwa also cited the gravity of the charges he stands accused of – genocide and crimes against humanity - that make the suspect less probable a beneficiary of provisional release. “I, therefore, order that Emmanuel Mbarushimana be remanded for 30 days until his case goes for trial in substance,” Judge Ndahigwa ruled. The case will be tried in substance on first instance by the special chamber for international crimes at the High Court. Accused to appeal Mbarushimana, who again was without a lawyer, announced his intentions to appeal against the decision, as he read from a prepared document. He argued that the court did not consider the concerns he raised by not according him equal treatment as the prosecutor, yet they were both litigants before the same court. During the proceeding on Tuesday, Mbarushimana had, instead of entering a plea after prosecution read out his charges, complained that he had been standing throughout the proceeding while the prosecutor only stood when he addressed court. He also said he could not address court on the charges against him before he gets a lawyer. “I appeal against the decision because I think my rights have been seriously infringed upon. My right to legal counsel of my choice and equality of litigants before a court of law,” Mbarushimana said. The judge, however, told the accused that he will have time to explain his reasons in the appellate court. He also reminded the defendant that the rules of criminal procedure stipulate that all litigants can only address court while standing. The former primary school teacher is accused of leading militiamen to attack Tutsi refugees on Kabuye Hill in the current Gisagara District, among others. He will be the fifth suspect to be committed to the special chamber for international crimes with the others, including Leon Mugesera who was deported from Canada and Charles Bandora who was extradited from Norway. The others are Jean Uwinkindi and Bernard Munyagishari, both transferred from the International Criminal Tribunal for Rwanda, as part of the tribunal’s completion strategy.

National

Court remands Genocide suspect Mbarushimana