Tag: Arusha

  • ICTR holds final hearings

    Judge at Rwanda tribunal

    The International Criminal Tribunal for Rwanda has held its final hearings into crimes carried out during the 1994 genocide in which 800,000 people died.

    In more than 20 years of operation, the UN-backed court has indicted 93 people for their roles in the violence.

    It was the first international tribunal to deliver verdicts in relation to genocide and recognise rape as a means of carrying out genocide.

    Sixty-one defendants were convicted and 14 were acquitted.

    Others were referred for trial elsewhere, died before or during their trials, were fugitives or had their indictments withdrawn.

    Six appeals

    The last defendant to appear before the court, based in the Tanzanian town of Arusha, was former Rwanda women’s minister Pauline Nyiramasuhuko, who was appealing against her conviction for genocide and incitement to rape.

    In 2011 she became the first woman to be found guilty of such crimes by an international tribunal.

    Skulls of Rwanda genocide victims
    The killings took place in Rwanda’s southern Butare region over about 100 days

    Ms Nyiramasuhuko begged the appeal judges to acquit her, saying she was “not the type to commit these heinous crimes for which I was sentenced”.

    The court had earlier heard appeals from five other defendants, including one of Ms Nyiramasuhuko’s sons, Arsene Shalom Ntahobali.

    He was a militia leader in Rwanda’s southern Butare region at the time of the killings and was sentenced in 2011 to life in prison for genocide, extermination and rape as a crime against humanity.

    Four other co-accused people, all serving long jail terms, were senior officials in Butare when mostly members of the minority Tutsi community were massacred, largely by ethnic Hutus.

    Verdicts in the six appeals are expected later this year.End

    First appeared at BBC

  • Will Genocide convicts ever pay back all looted property?

    1426800669children-lighting-candles-at-amahoro-Stadium-during-the-Kwibuka-commemoration
    Children light candles at Amahoro Stadium during Kwibuka20 commemoration event last year. (Photo:New Times)

    As far as Aloys Rwamasirabo can recall, it’s been about eight years since a Gacaca court in his Western Province’s Nyange Sector in Karongi District ordered several Genocide convicts to pay him about Rwf3.5 million for destroying his house and looting his cows and furniture during the 1994 Genocide against the Tutsi.

    However, up to now, the convicts still owe him about Rwf2 million, and his hope of getting the money has been fading.

    “Some of them (the convicts) deliberately refused to pay me while others are too poor to pay. It’s not clear how I will get paid unless local officials intervene to force those who are able to pay to do so,” Rwamasirabo told The New Times yesterday.

    For those who are too poor to pay, he says, government should employ them on projects that are beneficial to the public and use their earnings to pay Genocide survivors.

    Rwamasirabo’s case is one of the 10,762 countrywide where Genocide convicts are yet to pay for the property they looted or destroyed during the Genocide two decades ago.

    Officials at the Ministry of Justice estimate the value of property owed to survivors at about Rwf3 billion.

    From calls of observers and experts, to reports of lawmakers, and complaints from survivors’ groups, the government is under pressure to execute decisions of Gacaca courts, which compel thousands of convicts to pay back survivors’ property.

    Special taskforce

    According to Naphtal Ahishakiye, executive secretary of Ibuka, the umbrella group of Genocide survivors’ organisations, the government should create a special taskforce in charge of executing Gacaca decisions with regards to paying back property that was looted from Genocide survivors.

    Ahishakiye said the taskforce would include officials from institutions such as the Office of the Ombudsman, the National Commission for the Fight against Genocide, and Rwanda National Police.

    “These can work with district officials to solve the problem. We need the payments to be settled so we can move on to other things. Right now we don’t know if people haven’t paid because they are unable to do so or whether they simply don’t want to pay,” he said.

    At the 20th commemoration of the 1994 Genocide against the Tutsi last year, district officials had vowed to have solved this problem by the time the country marks the following commemoration.

    However, more than 10,000 cases remain unsettled about two weeks before Rwandans mark the 21st anniversary of the Genocide.

    “Information we have is that these issues were not addressed,” Ahishakiye said.

    Senator Jean Damascène Bizimana, the chairperson of the senatorial Standing Committee on Foreign Affairs, Cooperation and Security, said the issue of unsettled payments to Genocide survivors by convicts needs to be addressed, which he said would be a major catalyst for reconciliation between the survivors and perpetrators.

    “It’s an issue that needs serious attention,” he told fellow senators on Tuesday after a senatorial report on the justice sector was presented before the Senate.

    That issue could be growing bigger, but officials in the Ministry of Justice say they have been planning how to address it.

    Of the remaining 10,762 unsettled claims, nearly a half of them (5,298) involve convicts who don’t have a penny to their name to pay back for property they confiscated or destroyed during the Genocide, officials say.

    The head of Access to Justice Department at the Ministry of Justice, Odette Yankulije, said it is now top priority for the officials at the ministry to do everything in their power to ensure that Genocide convicts pay back to the survivors.

    Using bailiffs

    Yankulije suggested a two-pronged approach that would make that happen: increasing the number of professional court bailiffs from the current 129 to 223 before May as well as enacting a new presidential order determining modalities for execution of community service as alternative penalty to imprisonment.

    She said increasing the number of bailiffs will help every Genocide survivor to use services of the bailiff in compelling Genocide convicts to pay back by attaching and auctioning whatever valuable property they may own while the new presidential order would determine how indigent convicts can work in community service projects and their earnings paid to the survivors.

    “For those who are able to pay, it won’t take long before they comply, but those who are unable to pay will take time because they will have to work until they get the money,” she said.

    The official said a list of all the country’s bailiffs and their contacts will be provided at local government entities down to the village level and local officials will be tasked to sensitise Genocide survivors to use their services to get back what courts awarded them.

    “We need to give this issue high priority. By December, we should have done something tangible,” she said.

    Source : The New Times Rwanda

  • ICTR/KAREMERA – JUDGMENT ON SEPTEMBER 29 FOR RWANDAN POLITICAL LEADERS

    Karemera & Ngirumpatse

    L-R/ Karemera and Ngirumpatse

    The International Criminal Tribunal for Rwanda (ICTR) will hand down its appeals judgment on September 29 in the case of two former Rwandan political party leaders, Hirondelle learned hirindelle on on monday

    Matthieu Ngirumpatse was president of the MRND party, while Edouard Karemera was its vice-president. The MRND was the party of former head of state Juvénal Habyarimana, whose assassination on April 4, 1994 sparked the genocide.  

    The two men were sentenced to life imprisonment by the lower court in December 2011 after it found them guilty of genocide, crimes against humanity and war crimes.

    According to the first-instance judgment, they neither tried to prevent nor to condemn the crimes committed in 1994 by the youth wing of their party, the notorious Interahamwe of the MRND.

    Addressing the court during appeals hearings in February, Ngirumpatse’s defence lawyer Frédéric Weyl argued that the former MRND president had “no authority” over party members or government ministers in office during the genocide.

    “Matthieu Ngirumpatse had no judicial, police or military power (…),” said Weyl. “He did not have the power to expel or sanction anyone (…) A political party is different from a government or military structure.” Weyl called for the court to acquit his client.

    Félix Sow, one of Karemera’s two Senegalese lawyers, argued along similar lines. He also called on the appeals court to “overturn all the convictions”.

    Ugandan prosecutor George Mugwanya told the court that the two men had a common agenda to kill Tutsis. He said that they had abused their positions within the MRND as part of a joint criminal enterprise.

    The trial started in November 2003 but was subject to many delays, owing mainly to Ngirumpatse’s health problems.

    The two MRND leaders initially went on trial with the party’s former secretary general

    Joseph Nzirorera and former Education Minister André Rwamakuba, who was a member of an opposition party to President Habyarimana.

    But Rwamakuba’s case was finally separated and he was acquitted on September 20, 2006. Nzirorera died of illness on June 1, 2010, when his trial was near the end of the defence stage.

    By ER/ JC edited here by Albert G.

     

  • ICTR’s Appeals chamber upholds 30-year sentence for ex-army chief AFP

    Augustin Bizimungu

     A file photo taken on July 27, 1994 shows Rwandan former army chief Augustin Bizimungu sitting in a truck in near Goma (AFP Photo)
    The UN court for Rwanda upheld a 30-year jail term for former army chief AugustinBizimungu on Monday for his role in the 1994 genocide during which he called for the murder of minority Tutsis.The International Criminal Tribunal for Rwanda (ICTR) “unanimously affirmed the sentence of 30 years in prison,” Judge TheodorMeron said, as the former general stood to hear his appeal dismissed in the courtroom in Tanzania.

    Bizimungu was appealing a sentence imposed in May 2011. He is among the most senior figures to be tried by the Tanzania-based tribunal for the genocide in which 800,000 people, mostly Tutsis, were killed.

    The court found Bizimungu had complete control over the men he commanded, who were involved in the massacres that started in the night of April 6, 1994.

    It also found him guilty of making a speech the following day in which he called for the killing of ethnic Tutsis, just a few days before he was made army chief.

    Bizimungu claimed during his appeal hearing that he had “urged military discipline and respect for the dignity of human life.”

    But prosecutor Abdoulaye Seye asked for a heavier sentence.

    The ICTR, based in the northern Tanzanian town of Arusha, was established in late 1994 to try the perpetrators of Rwanda’s genocide.

    It is tasked only with trying those who bear the greatest responsibility for the genocide, but is now wrapping up its work.

    Less senior officials and ordinary citizens accused of taking part have been tried in Rwanda.

  • Itsinda ry’abahanga rigiye gucukumbura ikibazo cy’indishyi

    Itsinda ry’abahanga rigiye gucukumbura ikibazo cy’indishyi

    survivorsAbacitse ku icumu baganira ku kibazo cy’indishyi Nyagatare, 2012. Photo IBUKA                                                            

    Itsinda ry’inzobere z’umuryango mpuzamahanga IOM (International Organization for Migration, Genève) n’urukiko mpuzamahanga rwashyiriweho u Rwanda I Arusha muri Tanzania  (ICTR) kuri uyu wa gatandatu 01/02/2014 ryasoje urugendo bagiriraga mu Rwanda rugamije kugishinama no gutangiza inyigo kuburyo ikibazo cy’indishyi kubarokotse jenoside cyakemuka  kubufatanye bwa Leta n’umuryango mpuzamahanga.   Urugendo rwizi mpuguke ku bijyanye n’indishyi rukurikiye ijambo rya perezida wa ICTR mu nama mpuzamahanga yateguwe nurwo rukiko Kampala muri Uganda ukwezi gushize.

     Bwana Van Joensen umucamanza uyoboye ICTR,  yavuze ko urukiko ayoboye  rwakoze akazi kagaragara mu rwego rwo kuburanisha abari ku isonga ya jenoside, nyamara ko ubutabera ku bakorewe jenoside  by’umwihariko  ikibazo cy’indishyi bitahawe umwanya ukwiye mu myaka isaga  20 urwo rukiko rumaze.   Perezida wa ICTR yaboneyeho gutangaza  ko urwo rukiko rwiyambaje umuryango mpuzamahanga IOM kubera ubunararibonye ufite  mu bijyanye no kwiga no gufasha ishyirwaho ry’ibigega na porogaramu z’indishyi mu bihugu byahuye na jenoside n’intambara zikomeye. Mu mwaka wa 2000 IOM ibisabwe na Leta y’ubudage yakoze inyigo inashyira mu bikorwa gahunda yo gutanga indishyi kubayahudi bakoreshejwe imirimo y’agahato mu gihe cya jenoside yakorewe abayahudi.  Umuryango

    Izi mpuguke ubwo zari mu Rwanda zabonanye inzego za Leta  zitandukanye  harimo Ministeri y’ubutabera n’inteko ishinga amategeko.  Iri tsinda ryabonanye kandi n’imiryango inyuranye ya Sosiyete sivile harimo n’imiryango y’abacitse ku icumu yibumbiye muri IBUKA. Biteganyijwe ko iryo tsinda rizagaruka mumpera z’u kwezi kwa kane gusuzuma birambuye ikibazo cy’indishyi no kuvugana n’ abacitse ku icumu rya jenoside batandukanye mu gihugu hose.  Iri tsinda kubufatanye na ICTR   rirateganya kugirana ibiganiro na za Leta zitandukanye, umuryango w’abibumbye  n’amashimi yawo mu rwego rwo gukusanya ibitekerezo by’aho amafaranga yo gushyiraho ikigega cy’indishyi yakomoka.

    Iri tsinda ry’impunguke rirateganya gusohora raporo mu mpera za Kamena uyu mwaka mu gihe iminsi ijana yo Kwibuka izaba itarasozwa.  Raporo izashyirwa ahagaragara mu I Kigali Rwanda no mukanama gashinzwe amahoro ku isi k’umuryango w’abibumbye I new York muri Amerca.    Nyuma yiyo Raporo, hazashyirwaho akanama gashizwe gukurikirana ishyirwa mu bikorwa by’imyanzuro yayo.  Ako kanama kazaba kagizwe n’uhagarariye Leta, uhagarariye imiryango y’abacitse ku icumu rya jenoside n’uhagarariye umuryango w’abibumbye.

    Abacitse ku icumu rya   jenoside bagera ku 4000 batsindiye amamiliyoni menshi y’ indishyi mu ngereko zihariye zashyiriweho guhana abakoze jenoside nyamara ubu amaso yaheze mu kirere kuko izo manza na magingo aya zitararangizwa. Muri izo manza inkiko zategekaga uwahamwe n’icyaha kwishyura afatanije na Leta( In solidum).   Amategeko agenga urukiko rw’arusha ntiyemerera abakorewe jenoside gutanga ibirengo by’indishyi mu manza zaburanishijwe nuru rukiko. Itegeko risoza imirimo y’inkiko Gacaca  naryo riteganya ko ibijyanye n’indishyi zikomoka kuri jenoside bizagenwa n’itegeko ryihariye- Imyaka 20 irashize iryo tegeko rigitegerejwe ari nako  abacitse ku icumu cyane cyane abafashwe ku ngufu bakanduzwa SIDA n’izindi ndwara zidakira  bakomeje gupfa buhoro buhoro batabonye ubutabera.  Bamwe mu bacitse ku icumu bahamya ko kuba ikibazo cy’indishyi cyarakomeje kwirengagizwa bibangamiye ishyaka ryabo mu kwitabira gahunda y’ubumwe n’ubwiyunge na murumuna wayo  Gahunda nshya ya Ndi umunyarwanda.  End

    Inkuru yanditswe na Al. G

  • The Guardian: why the Rwanda genocide victims are not paid compensation

    Rwanda genocide survivor, Gerorina NyirandutiyeGerorina Nyirandutiye, survivor of the Rwandan genocide, sits on a bench at her house in Nyamigina village, Rwanda. Photograph: Jose Cendon

    The severity and pace at which the Rwandan genocide unfolded begs many questions. How does a country begin to recover after such an event? Yet Rwanda serves as a development success story, thanks to the combined efforts of the Rwandan government and wider society.

    Nationally, the government created the national commission for unity and reconciliation, in addition to special chambers to prosecute the most notorious war criminals. At the community level, traditional Gacaca courts were employed to provide reconciliation and justice with over 100,000 people indicted for crimes of genocide. Internationally, the United Nations established the International Tribunal for Rwanda (ICTR).

    Financial compensation – an essential component of true justice

    The government has established a fund, Farg, to provide health care and tuition for survivors. But does this go far enough? Though Rwanda and the international community have valiantly pursued justice, financial compensation for genocide survivors has still not materialised. Can there be genuine reconciliation without financial reparation? The answer, in my opinion, is no. Reparation plays an important role in both mending the damage done and educating society.

    This isn’t to suggest that the subject of reparations is not logistically and morally challenging. Damage caused to both people and property must be fairly assessed, and a monetary value assigned to losses. Some would argue that genocide is an irreparable crime due to the sheer scale of psychological and physical suffering.

    But irrespective of these challenges, the silence surrounding the subject of financial reparations is striking. In the immediate aftermath of the genocide, Rwanda was a country in ruins. Tens of thousands had been made orphans, widows and refugees. Already scant infrastructure had vanished, and financial compensation was understandably not an initial priority, as attention was fixed upon rebuilding the basics. But 20 years on, dialogue surrounding the issue of financial reparations remains absent from the political discourse.

    Why is the political elite hesitating to enforce compensation for victims?

    In theory, the Rwandan legal framework explicitly provides for genocide survivors to receive compensation. 50% of judgements made by the specialised chambers for prosecuting genocide suspects have awarded financial compensation to victims. However, although enforced on a criminal level, they have yet to be enforced with regards to financial compensation.

    In some cases the Rwandan government itself has been mandated to pay indemnities to the victims. But the minister of justice ordered the suspension of “all cases in which the Rwandan government is called upon to intervene.” In 2001, a bill calling for the creation of a compensation fund was formulated, but it never materialised.

    We could interpret this in two ways: either as a demonstration of the practical difficulties of reparations, or as a political decision not to take that route.

    It has been speculated that at the forefront of government concerns are how financially compensating the survivors of the Tutsi community may affect social cohesion. Some worry that openly providing government financial support to the Tutsi community could risk fostering resentment amongst the Hutu majority community.

    How the international community is failing the victims

    It is generally agreed that the UN, instead of protecting civilians, failed them by leaving the country at the peak of the killings. Its reputation among Rwandans has suffered as a result. One would hope that after its failures the UN would take a leading role in compensating survivors. Unfortunately, it has so far shown interest only in criminal proceedings, ignoring financial reparations. Although it did establish the ICTR, it has avoided dealing with the subject of reparations. How can the UN not understand its importance in the rehabilitation of victims and the administration of justice?

    It could be concluded that there is a lack of a will to participate in the reparation process. Initiatives have been taken to encourage the UN to amend ICTR’s statute to include the creation of a compensation fund, but without success. According to former prosecutor Carla Del Ponte, “Every judge agrees with the principle that victims should be compensated.”

    The UN commission created to compensate Kuwaitis following their 1990 invasion by Iraq – as well as the $1.07bn subsequently made available to the government of Kuwait – shows a willingness to participate in the reparation process. So how can we explain the UN’s reluctance to do so in Rwanda?

    Perhaps some of the blame lies with the Rwandan government. Its weak stance regarding financial reparations to the Tutsi people might explain the international community’s hesitance to intervene. The solution to this is concrete measures at a national level to encourage other international partners to participate – a compensation endowment, as was originally intended by the draft law in 2001, for example. We should recognise the contribution of Farg to improving the living conditions of survivors – every year 6% of total state revenue is spent on it. But assisting survivors is an obligation for any responsible nation. It does not remove the right to financial reparations.

    About the Writer: Jean Paul Mugiraneza is a peace expert based in Kenya. First appeared in Guardian                                      

    Posted here by Al. G

  • Réparation pour les survivants au centre de préocupations d’Ibuka M&J

    Ibuka.beDans un communiqué de presse publié aujourd’hui  par IBUKA mémoire et Justice Asbl à l’occasion du lancement  de la 20ème commémoration du genocide contre les Tutsi, L’assocation appelle le monde pour  se joindre avec elle pendant ce moment de commemoration du genocide contre les Tutsis. IBUKA déclare que la question de réparation pour les survivants, sujet longtemps ignoré par le gouvernement du Rwanda et la communauté internationale,  reste une partie intégrante de la justice. Le communiqué indique que la réparation inclu entre autres garantie de non-répétition, indemnisation et la réadaptation de survivants. Selon le communiqué, la réparation doit être accordé un accent très particulier maintenant que le monde se souvienne du génocide contre les Tutsi 20 ans après.  IBUKA-Mémoire et Justice est une association sans but lucratif fondée en Belgique le 16 août 1994, regroupant les survivants du génocide perpétré contre les Tutsi au Rwanda en 1994, les proches des victimes ainsi que toutes les personnes soucieuses de la mémoire des victimes et du sort des rescapés de ce génocide. Note introductive par Albert G.

    Lisez  l’intégralité de l’article ici Appel à une Vraie Solidarité et au Devoir de Mémoire- Communiqué IBUKA

    Source: www.Igihe.com

  • The Case Senator Nzirasanaho: A story of violence, intimidation and witness harassment

    senator anastaseThe case against first category genocide suspect Senator Nzirasanaho, is currently about to be closed before the higher instance court of Nyarugenge in Kigali.  This 20 year-old case has been one of the longest and obviously extremely dangerous dossier for several witnesses and survivors involved in the case.   This article explores the direct accounts of witnesses and the ultimate price they had to pay including their lives.

    The case is no doubt a sad story of violence, intimidation and harassmenent . In a separate case, Nzirasanaho is also accused of inciting and distributing arms to hutu population in his native district of Gakenke , Former Ruhengeli Prefecture, to exterminate Tutsis.

    On 5 January 2008, the gacaca jurisdiction of Amahoro cellule in Muhima, Kigali, found Senator Anastase Nzirasanaho guilty of involvement in the genocide and classified him as a category one suspect. For survivors like Xaverine and Jean-Claude, it was a moment of triumph, the fruit of a long and tough battle to hold the senator accountable. In 1994, Nzirasanaho was the director of the para-statal responsible for the coffee industry, OCIRCAFE. Xaverine, who was his neighbour in sector Muhima, Kigali, before and during the genocide, also describes him as “the leader of the interahamwe.” The interahamwe parked their vehicles at his house and reported to him every morning and every evening. I saw all this because I lived very close to his house. I personally saw the senator holding grenades which he gave to the interahamwe after pointing them to Dr Gafaranga’s house. I also heard his wife calling after the interahamwe, saying they had forgotten to take the doctor’s domestic worker who was hiding in their home. The interahamwe took him and killed him together with the doctor.’’ 

    In 1997, Xaverine and two men gave written testimonies to the court detailing allegations against him. One of the two men was, she added, “Nzirasanaho’s bodyguard during the genocide”, and other man, Ezechiel Ntahondi, had also worked for him. Nzirasanaho found out about the accusations.

    ‘’Almost immediately, I started receiving threats. The senator’s wife publicly insulted me,

    saying our actions had not stopped him from becoming a senator. But the intimidation got

    them nowhere. ‘’

    As a result, said Xaverine, Nzirasanaho befriended her husband, Ezechiel Ntahondi’s older brother, in an attempt to persuade Ezechiel to “change his testimony.” She later found out that Ezechiel had been given jobs by Nzirasanaho, and that he had also been persuaded to write a letter to the effect that Xaverine planned to have him killed. In the meantime, her own husband had given a copy of her testimony to the senator. Soon afterwards, Ntahondi was gunned down as he returned home from work at the senator’s house.

    Xaverine became a prime suspect because of the letter written by Ezechiel. While she was being questioned by the prosecutor’s office, she said she could “see the senator’s car driving in circles around the court, trying to keep tabs on the whole process since he had filed the charges against me.” A second summons led to her arrest, but she was released that same evening after interventions on her behalf, “pointing out that the conflict between the senator and I was common knowledge.”

    These people also asked how it was possible that the senator, and not the mother or older brother of the victim, had brought charges against me. But her ordeal was far from over.

     Other people came to insult and taunt me, saying that the senator’s wife gave them money for food and clothes, and asking me what I got from Gafaranga’s widow.  I’m not testifying so I can be paid;

    In fact I’m not even friends with Honourable Steria, the doctor’s widow. But my conscience can not let me hide the truth. Xaverine said she then received visitor, including a survivor and a local official, with offers of money and advice to “stop involving myself in something that could cost me my life.” But she refused to budge. She was, however, shaken when she ran into the senator himself. He stopped his car and said to me: “You refused to make a deal with me, but in two weeks you will regret it.” Afraid, she moved in with her sister.

    But her husband, she said, resorted to beating her to “make me stop pursuing the case.” She reported him to the police and he was detained for a few days. She was then called to the gacaca jurisdiction of cellule Amahoro in sector Muhima, of which the president was the senator’s wife, Christine Mukakarangwa, to give explanations about her written testimony. But they asked me all sorts of bizarre questions so I would lose my composure. The public, seeing the conduct of the judges, refused to return to the court unless a new committee was voted in. So this is what happened; a new committee, presided over by JMV Ngendahimana, was installed, and my testimony was considered.

    The next stage in this extraordinary saga was particularly distressing for Xaverine for it involved her daughter, and ended up with Xaverine in prison. She accuses two women, a member of the previous gacaca and one of the newly elected members, of offering her daughter, who had been raped, enormous material benefits if she would blame her mother and her step-father of sexual abuse so that the young man in prison for the rape could be released. Tempted by the offer, the young girl, who had also been given a job by the  senator and his wife, agreed. However, she was surprised when her testimony was used to release a genocide suspect by the name of Bonaventure Twagiriyaremye instead of the alleged rapist. She was even more upset to hear that her actions had led to her mother’s detention. She came crying to the court house, saying she didn’t know they intended to put her mother in jail. Xaverine was released after her daughter gave a written account of what had taken place to the appropriate officials, but Xaverine’s life has been shattered by the experience. She separated from her husband who, she says, turned her children against her, “telling them I’m a prostitute, that I would not stop testifying because I love to fight with my neighbours and that I’m the cause of all his misery.”

    ‘’I now live alone. My husband lives alone. The children live alone. My husband even

    befriended some of my new neighbours whose attitude towards me has changed. People started throwing stones at my house during the night again.’’

    Xaverine feels she has finally been vindicated. I appreciate the verdict passed by the new gacaca committee of Amahoro cellule in January of this year. By finding the senator guilty of the crimes he was accused of, the judges gave value to our testimonies. She cannot, however, understand why he has been allowed to continue his duties as a senator after gacaca classified him as a first category suspect and who should therefore be tried by the conventional courts. If he remains a free man, I doubt that any witness will survive. Xaverine ran into the senator after his conviction.

    He asked me if I was happy since he had been found guilty, and when I planned on accusing all the others. I just kept on walking. He also came to the area where I stay, apparently to warn the authorities that I might kill him. Luckily, my neighbours know the story and told the same officials that if I died, they should question him. I’m trying to find a way to leave Kigali altogether and move far away from the senator so that I might be safer.

    Leonidas works for the district office of Nyarugenge of which Muhima is a part. Long familiar with the case of the senator, he catalogued the pressures that witnesses have endured and the misfortunes that befell those who insisted on bringing him to justice. Regine Nyirabananira and Ignace Nsabimana, the two main prosecution witnesses, received so many threats that they had to move out of their cellules. Unknown people threw rocks at their houses at night and vowed to kill them if they continued testifying. Vincent Habimana has disappeared mysteriously and Ntahondi was shot by armed men. Eric Uwayisaba also came under fire. The senator had requested Eric to use his influence, as cellule co-ordinator, with the gacaca judges, but he had refused.

    The senator also asked me to fire Regine, without being given a good reason, and I said no. So I too was included on the list of the senator’s enemies. Jean-Marie Vianney Ngendahimana, the president of gacaca, was not spared either. We had people throw stones at our houses in the dark, and I have even seen armed men patrolling my house. Released prisoners come to court to insult witnesses and to implicate some of them falsely in the genocide. I was once asked by a former soldier who is in his camp, Niyibiroye, aka, Cyabingo: “When do you people attend that useless gacaca?” Some witnesses were bribed and later returned to retract their testimonies and defend him instead. He asked a pertinent question.

    ‘’How can Nzirasanaho still be a member of the senate  when he has been found guilty of genocide? From there, he continues to harass people. Two of the first people to accuse him have been killed. Is it any wonder that we fear for our lives?’’

     Nzirasanaho’s wife, he added, also sought to demoralize them.

    ‘’His wife, Mukakarangwa, says publicly that accusing her husband of genocide has

    achieved nothing, and will not change the fact that he is still an important person in the

    Government. And here she’s right. How can he still be a senator? 

    Like Xaverine, Jean-Claude has proved a stubborn witness, and a difficult one because he

    has provided an eyewitness account that strongly implicates the senator in the death of

    Dr. Gafaranga. He was summoned by gacaca when it was presided over by Nzirasanaho’s

    wife. His testimony, he said, “disappeared.”

    The witnesses for the defence seemed to reading out their statements, which made me

    Think that they had been told what to say. He spoke a second time after the new gacaca committee had been established. “From that on”, he said, “I was constantly under threat.”

    I bumped into Nzirasanaho’s former driver and he told me: “If you persist, you will go

    down the same road as Ezechiel.” And Ezechiel had been shot dead.

    Jean-Claude’s life began to unravel.

    ‘’Every evening when I came home, people I didn’t know would hit me, calling me an

    Imbecile for speaking against the senator. I couldn’t sleep at night because of the stones

    that pounded my roof. I finally decided to move, so that I would not die as Ezechiel had

    done. I changed homes twice to make it more difficult for him to find me.’’

    He returned to Muhima after he learned that the president of their cellule gacaca and

    officials in the sector had warned the senator about his actions. Still, he does not feel at

    ease.

    ‘’ As long as he is a senator, he is a menace to our security because he can find ways to

    have us killed without showing his hand directly. What his wife says also makes us

    scared. They have corrupted so many people that we are seen as the enemies of society.

    During his trial, he used prisoners who had confessed their crimes to argue that some of

    the prosecution witnesses were also genocide suspects, including my brother. Even now,

    he continues to meet with these people; I see them coming and going to his house.’’

    Jean-Claude is particularly disturbed by the ties between the senator and an ex-FAR

    soldier, Niyibiroye, known as Cyabingo.

     ‘’During the trial, Cyabingo had a small tape recorder that he used to take to the bars where

    people involved in the trial usually met for beer. This came to light when he got Eric Uwayisaba’s voice on tape; Eric was the cellule co-ordinator. He was asked in gacaca what he was doing with the recorder. He replied that the senator had asked him to use it.‘’

    He does not think that it is feasible for the Government to offer effective protection to Gacaca judges and prosecution witnesses who live in close proximity to the defendants. Nevertheless, when there are significant trials, like the senator’s, security can be improved, for example by placing the accused in preventive detention so that he cannot intimidate witnesses and influence the court.

    Over two decades have now passed since senator Nzirasanaho is enjoying safe heavens in the streets of Kigali at the expense of several victims still under his persistent persecution. The senators’case is now pending in the higher instance court of Nyarugenge. The court is finally due to close the hearing on 20th of January 2014.  

    According to the 2012 Final Report of Gacaca courts, The Case of Nzirasanaho was referred to classic courts alongside other first category genocide suspects.  The report indicates that Boniface Rucagu and General Marcel Gatsinzi were  inter alia classified in the First category genocide suspects whose cases will be heard by classic courts—To date they  are free men occupying high ranked positions in the government

    Ends.

    Posted by Albert. G

  • ICTR/NDAHIMANA – Sentenced to 25 years in jail for the massacre of Tutsi in Nyange Church

    Ndahimana

    Photo: Gregoire Ndahimana, Photo/file

    Arusha, December 16, 2013 (FH) – The Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) on Monday sentenced a former mayor to 25 years in jail for the massacre of Tutsis in a church during the 1994 genocide, whereas the lower court had given him only 15 years.

    Grégoire Ndahimana, 60, was mayor of Kivumu, in the western prefecture of Kibuye, during the genocide. The five judges confirmed his conviction for genocide and extermination but with an increased form of responsibility.

    The lower court had convicted Ndahimana for failing to sanction communal police who took part in the April 15, 1994 attack on Tutsis sheltering in Nyange Catholic church, which was situated in his commune. He was also convicted for his “tacit approval” of the church’s destruction the next day. The Nyange church was demolished with a bulldozer on April 16, burying alive some 2,000 Tutsis who were hiding there.

    The Appeals Court found that Ndahimana indeed had a genocidal intention and acted in the context of a “joint criminal enterprise aimed at exterminating Tutsis from Kivumu commune”. Its decision stresses that Ndahimana and other local dignitaries shared a beer, apparently celebrating, after the destruction of the church.
    After the appeals judgment was read out, the ex-mayor, who had been standing in court, collapsed into his wheelchair. As for his wife, Esther, who was in the public gallery, she could not hold back her tears.

    Ndahimana was arrested on August 10, 2009, in the eastern Democratic Republic of Congo, and transferred to the ICTR prison in Arusha, Tanzania, 11 days later. His trial opened on 6 September, 2010.

    He is the third person to be convicted by the ICTR for the Nyange church massacre, after former parish priest Athanase Seromba and businessman Gaspard Kanyarukiga.
    The ICTR has also indicted for the same events the ex-head of judicial police, Fulgence Kayishema, who is still on the run.

    In Rwanda two Catholic priests, Edouard Nturiye and Jean-François Kayiranga were tried in connection with the Nyange church massacre and were acquitted. The driver of the bulldozer that destroyed the church, Anastase Nkinamubanzi, was sentenced in Rwanda to life imprisonment.

    The role of the churches, especially the Catholic church, in the Rwandan genocide is still highly controversial. During the anti-Tutsi pogroms of 1959 and 1962 in Rwanda, the Tutsis who took refuge in churches were safe. So three decades later they fled in their tens of thousands to religious buildings, trying to escape their killers. This time, however, they mostly died there, blown apart by grenades, burned alive or crushed to death by bulldozers.

    ER/ JC

     

  • Abunganira Uwinkindi bagiye gucutswa ku mafaranga bahembwaga buri saha

    Abunganira mu mategeko Jean Uwinkindi ukurikiranweho ibyaha bya Jenoside yakorewe Abatutsi mu cyahoze ari Komini Kanzenze, muri cyari Kigali-Ngali, uburyo bahabwa amafaranga na Leta buri saha mu rubanza rw’umukiriya wabo bwasubiwemo, bagiye kujya bahembwa ku kwezi.

    Iki cyemezo kije nyuma y’ibiganiro birebire byabaye hagati ya Minisiteri y’ubutabera n’abunganira Uwinkindi, aribo Me Gatera Gashabana na Me Jean Baptiste Niyibizi.

    Iki cyemezo kandi gifashwe nyuma y’aho uruhande rw’Ubushinjacyaha, bwavugaga ko abunganira Uwinkindi baba batinza urubanza kugira ngo igihe kibe kirekire, nabo bakomeze guhabwa akayabo k’amafaranga atangwa na Letay’u Rwanda kuko Uwinkindi ari utishoboye.

    Ubusanzwe uwunganira uregwa ahabwa amafaranga ibihumbi 30 buri saha, mu gihe urubanza rurimo kuba cyangwa mu gihe bagiye mu kiruhuko. Aha kandi Leta y’u Rwanda ikaba ariyo itanga amafaranga kuri Uwinkindi dore ko afatwa nk’umuntu utishoboye.

    Mu itegeko rirebana no gucira imanza abakoze Jenoside bavanwe mu Rukiko Mpuzamahanga Mpanabyaha rwashyiriweho u Rwanda i Arusha(‎ICTR) n’izindi manza zavuye hanze y’igihgu, Leta niyo igomba guhemba abahagarariye uregwa ariko mu gihe adafite ubushobozi.

    Abunganira Uwinkindi barahawe amafaranga menshi mbere y’uko urubanza rutangira mu mizi, bikaba aribyo byatumye uruhande rw’Ubushinjacyaha bwamagana iki cyemezo cy’abunganira Uwinkindi, aho bavuga ko bakomeza gutinza itangizwa ry’urubanza nk’uburyo bwo gukomeza kwishakira amafaranga atagira ingano.
    Umunyamabanga uhoraho muri Minisiteri y’ubutabera, Pascal Ruganintwali, yatangarije The New Times ko amsezerano yo kwishyura ku kwezi abunganira Uwinkindi agomba gusinywa mu minsi mike.

    Yagize ati “Turacyari mu biganiro ariko tugomba kubirangiza vuba, bityo tugirane ayo masezerano.”

    Abunganira Uwinkindi biteguye gusinya

    Me Niyibizi wunganira Uwinkindi we yagize ati “Twarangije kumvikana ku bintu bimwe, dusigaje ibindi bike byo gukemura, nyuma duhite dusinya amasezerano, kandi dushobora gusinya aya masezerano mashya isaha iyo ariyo yose.”

    Jean Uwinkindi yahoze ari Pasiteri mu cyahoze ari Komini Kanzenze, ubu ni mu karere ka Bugesera, araregwa ibyaha bya Jenoside yakorewe Abatutsi, uruhare muri Jenoside, kuyishyira mu bikorwa, n’ibyaha byibasiye inyoko muntu. Urubanza rwe mu mizi rugomba gutangira muri Mutarama 2014.

    uWINKINDI2

    Uwikindi Jean ukurikiranweho ibyaha bya Jenoside yakorewe Abatutsi
    Inkuru ya Igihe.com