Prosecution has submitted the final indictment for 18 suspects linked to the MRCD-FLN group of insurgents, following the conclusion of investigations, and will now wait for a trial date to be set for the case to proceed in its substance. This was confirmed on Tuesday, November 17, by prosecution spokesperson Faustin Nkusi, who said that they submitted the indictment to the high court. “Normally, the suspects will be tried by the High Court Chamber for International and Cross Border Crimes based in Nyanza District. We shall wait for the court to set the date so we can go to trial,” Nkusi said by phone. The group includes Paul Rusesabagina, Félicien Nsanzubukire (also known as Fred Irakiza), Anastase Munyaneza, and Jean-Chrétien Ndagijimana (son of the late FLN commander Laurent Ndagijimana, also known as Wilson Irategeka), among others. They are jointly charged with criminal offences including terrorism, financing terrorism, conscription of child soldiers, kidnapping, arson, and forming terror groups, among other charges. The crimes were committed under the ambit of MRCD and its military wing, FLN. Rusesabagina was the founding president of MRCD, a coalition of different political groups and it was under his leadership that the group formed a militia group, FLN, which is responsible for making incursions in Rwanda in which several people were killed. At least nine people were killed during these incursions made in 2018. Prosecutor General Aimable Havugiyaremye had in October said that they merged Rusesabagina’s case with the FLN group – mainly combatants captured in action before they were repatriated to Rwanda by DR Congo– on the basis of “connectivity of offenses”. When a group of defendants is charged with the same crimes (committed) in the same place at the same time, it is in the interest of justice for court to consider the cases together, Havugiyaremye said last month. The FLN militiamen were repatriated at different times starting last year, after the DR Congo military intensified an offensive against foreign negative forces operating on the Congolese territory. Many were killed, including Irategeka, the overall commander of the militia group, and one of the co-founders of MRCD. Prosecution also said it would ask court to enjoin the trial with that of two former spokesperson of FLN, which is already ongoing. The two, Callixte Nsabimana, who calls himself Sankara and Herman Nsengimana are already before the High Court Chamber for international and cross border crime where their substantive trial is underway. “The decision to join Rusesabagina’s case with that of Nsabimana and his co-accused will be made by court; it is our wish that they are all combined and we shall be making that request as soon as we get an opportunity,” Nkusi said yesterday. Rusesabagina is expected back in court on Friday, November 20 at the Nyarugenge Intermediate Court, where he is expected to challenge a decision by a lower court to extend his detention by 30 days. Asked if this will still be entertained in court now that the investigations are concluded and the case is awaiting trial, Nkusi said that this is a different application. “He wants to be released provisionally and that is a separate hearing,” said Nkusi, adding that even though the investigations are done, they will still push for Rusesabagina’s detention “for many reasons” including the gravity of the charges. Efforts to contact Rusesabagina’s lawyer, Gatera Gashabana were futile as his known phone number was switched off by press time.
