KIGALI, Rwanda
The Rwanda Court of Appeal has
issued its verdict in the FLN/MRCD appeal case where different sides were
protesting several decisions taken by the High Court Chamber for
International and Cross Border Crimes (HCCICC) which handled the trial at
first instance.Paul Rusesabagina consults with his lawyer Rudakemwa on March 11, 2021.
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.
In September last year, the
HCCICC convicted 21 criminals belonging to the militia and sentenced them to
jail terms ranging from three to 25 years.
After the HCCICC’s verdict,
all the sides – including the prosecutors, victims of the attacks and some of
the convicts filed an appeal case, challenging the legitimacy of the jail terms
given to the convicts, the compensations awarded to the victims, among other
things.
The appeal trial started in
January and was concluded in the following month, and the verdict was initially
scheduled to be issued in March but was postponed to April.
Reading the verdict on Monday,
April 4, the judges resolved to maintain Paul Rusesabagina’s jail term at 25
years, despite the fact that the prosecutors had appealed for life
imprisonment.
Rusesabagina who was the
political head of FLN was convicted by the HCCICC of creating a terror
group and committing acts of terrorism, and sentenced to 25 years in prison.
Among other points, the
prosecutors, in their appeal petition, wanted Rusesabagina to be convicted of
more crimes which the HCCICC had absolved him as it ruled that they were under
the context of terrorism and had to be considered under the terrorism crime.
The Court of Appeal, however,
ruled to maintain the verdict of the HCCICC, upholding Rusesabagina’s 25-year
jail term.
His counterpart Callixte
Nsabimana alias Sankara had his 20-year jail term reduced to 15, due to the
fact that he pleaded guilty throughout the various stages of the trial, in
addition to providing key information that exposed the terror activities of
militias fighting against Rwanda.
Herman Nsengimana, a former
spokesperson of the militia had his jail term increased from 5 to 7 years, as
the judges ruled that the mitigating circumstances that the HCCICC considered
in giving him such a lenient sentence were not adequate since he had not fully
pleaded guilty.
Marc Nizeyimana, a former
“Colonel” in the FLN had his jail term maintained at 20 years.
FLN soldiers Emmanuel
Iyamuremye, Theogene Hakizimana, Marcel Niyirora and Andre Kwitonda had their
5-year jail terms upheld, while Emmanuel Nshimiyimana and Jean Cretien
Ndagijimana had theirs kept at 3 years.
Former FDLR Generals Felicien Nsanzubukire and Anasthase
Munyaneza also had their prison sentences maintained at 5 years, while
Joseph Ntabanganyimana, a man who helped FLN soldiers to buy a boat that they
used to cross into Rwanda to make an incursion against civilians, had his
prison term maintained at 3 years.
For the persons who were
behind the grenade attacks in Rusizi district, including Cassien
Bizimana, Jean Berchamns Matakamba, Shaban Emmanuel, Innocent Ntibiramira, Jean
Claude Byukusenge and Jean Damascene Nsabimana had their 20-year jail terms
upheld, mainly due to the gravity of the crimes they committed.
Simeon Nikuzwe, their
counterpart who received a 10-year jail term from the HCCICC had it maintained
by the Court of Appeal as well. His lenient punishment is as a result of the
fact that he did not take part in the attacks.
Angelina Mukandutiye, the only
woman in the case had her jail term increased from 5 years to 20, as the judges
ruled that she been prosecuted before by a Gacaca Court and convicted of
genocide crimes, but she did not change her ways to stop committing crimes. - The NewTimes
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