Five convicts of the FLN terror case are asking the Court of Appeal to either acquit them or suspend the jail terms handed to them by the High Court Chamber for International and Cross-Border Crimes (HCCICC) which handled their trial on first instance. The convicts in question – many of whom had previously been part of FDLR/FOCA before joining the FLN - told court on Friday, January 4 that Rwanda is signatory to regional agreements that stipulate that members of armed groups who did not commit genocide, war crimes or crimes against humanity can be demobilized and reintegrated into communities. The agreements they cited include the Lusaka Ceasefire Agreement, an accord signed in Lusaka – Zambia in 1999 between Angola, the Democratic Republic of the Congo (DRC), Namibia, Rwanda, Uganda and Zimbabwe as an effort to end armed conflict in DRC. The convicts argued that the High Court ignored such important pacts from which many of their fellow militia-men have benefitted through the years. “The agreements declare that if the militia-men return to Rwanda willfully or are arrested and repatriated by Congolese authorities, they can be enrolled into rehabilitation programmes and then reintegrated into communities,” said Emmanuel Iyamuremye, one of the 5 convicts. He added: “Many people with whom we were in militia groups were taken to Mutobo (Demobilization and Reintegration Centre) upon their repatriation to Rwanda. I should also be treated equally with them.” The other convicts appealing for such are: Emmanuel Nshimiyimana, Marcel Niyirora, Felicien Nsanzubukie and Anastase Munyaneza. They were sentenced to five years in jail, after being convicted of being members of a terror outfit. It is only Nshimiyimana who got a 3-year jail term. In his presentation to court, Nshimiyimana brought forth another argument that the lower court did not give adequate consideration to the fact that he was forcefully conscripted into the FLN. There is evidence I presented to the Lower court, including documents containing testimonies of other young people who were forcefully conscripted into the militia, having been found at school, in churches or even in their families,” he said. He cited the 86th article of the penal law which provides grounds for exemption from criminal liability if a person commits an offence under the effect of a force or under duress to such an extent that they cannot resist. In a general response to the convicts’ claims, the prosecutors argued that the Lusaka Agreement and other regional deals to which Rwanda is signatory do not strictly say that militia-men who committed other crimes (apart from genocide, crimes against humanity and war crimes) will not be prosecuted. However, the defence lawyers insisted that the agreements in question do provide amnesty to the militia-men for all other crimes, except genocide, crimes against humanity and war crimes. The trial will continue on Tuesday next week, with hearing sessions in which the judges will hear from the side of the victims of the terror acts of the FLN, especially concerning what compensations they want from the perpetrators.
