People who were affected during attacks by FLN terror group have questioned the basis of the decision the High Court Chamber for International and Cross-Border Crimes to award them compensations which they say is not commensurate to the losses they incurred. On Tuesday, February 8, the appeal trial of the case continued at the Court of Appeal in Kigali, where the judges mainly entertained issues pertaining to compensations awarded by the high court. During the verdict issued in September last year, the High Court awarded compensations worth over Rwf400 million to all the victims, instead of the Rwf1.6 billion that they had asked for. According to the judges at the lower court, the decision was mainly based on the fact that the victims and their lawyers did not provide accurate information detailing the value of the losses incurred. However, the victims insist there is sufficient information that can be based on by the court to award them the befitting compensation. During Tuesday’s session, the victims’ lawyers presented the grievances of many of their clients, including those who lost loved ones, property or sustained disabilities during the attacks, yet were awarded very minimal compensations in comparison to what they had asked for. These include, for example, Josephine Mukashyaka, a lady who lost her husband Fidele Munyaneza during the Nyabimata attacks and was left with two orphaned children. The high court awarded her Rwf10 million instead of the 100 million she had filed for. In a similar way, Marie Chantal Ingabire who also lost a husband was awarded only Rwf10 million instead of the 150 million she had asked for. These are just a few of the examples of the many victims who appealed. On the defendants’ side, however, a number of convicts are appealing against the lower court’s decision to order them to pay the compensations jointly. Here, for instance, those who were not on ground during the various attacks that the FLN carried out in various parts of Rwanda told court that they should not be required to pay for the damages caused by the attacks, but rather, the fighters that were on the ground should be the ones to pay. Those who appealed in this regard include Herman Nsengimana, the former Spokesperson of the FLN, and some soldiers like Marc Nizeyimana, Marcel Niyirora, Emmanuel Iyamuremye and Emmanuel Nshimiyimana. However, the victims’ lawyers explained to the court that though some of the defendants were not on ground during the attacks took place, they are still liable to the terror activities of the FLN, since the crime is not limited to those that were on ground but everyone who might have contributed in some way. “The terror group for instance comprised of a political wing that would solicit for funds to buy weapons, but also had people who served in other capacities for example spokespersons, or even top military commissioners who would plan the attacks, and soldiers who would go to implement them,” said Rene Munyamahoro, one of the victims’ lawyers. The lawyers quoted article 33 of the penal law which says: “All persons convicted of the same offence are held jointly responsible for restitutions, damages and court fees.” Tuesday’s session involved testimonies from some of the victims. The next hearing will be on Thursday this week. The FLN is the militia outfit that was behind the 2018 and 2019 attacks in South-Western Rwanda, where at least nine unarmed civilians lost their lives, more others injured and property destroyed or looted.
