by Sylvain Sibomana.
Kigali – Today 27th December 2010, Ms. Victoire INGABIRE’s lawyer has requested an immediate release order from the Intermediate Court of GASABO because the pre-trial detention order expired on 25th December 2010. The case has not yet been transmitted for evidential trial. Her detention is illegal. Paul KAGAME’s government has no legal basis to keep her in jail after the expiration of the ordinance. This is another proof of the politically motivated background of this case.
We call upon Rwandans and the international community to send calls and letters demanding the immediate and unconditional release of democracy leader, Ms. Victoire INGABIRE UMUHOZA, Chair of FDU-INKINGI, illegally incarcerated in RWANDA in violation of Article 19 of the International Covenant on Civil and Political Rights, to which Rwanda is a signatory. She is detained in violation of articles 18 and 19 of the Rwandan Constitution and article 100 of the Rwandan Criminal procedure Law. “An order authorising for preventive detention remains in force for 30 days including the day on which it was delivered. After the expiry of that time, it can be renewed for one month and shall continue in that manner” (art.100, sub-section 3, Preventive Detention, LAW N° 13/2004 OF 17/5/2004 RELATING TO THE CODE OF CRIMINAL PROCEDURE, O.G SPECIAL Nº OF 30/07/2004).
“The person’s liberty is guaranteed by the State.” (art.18, Constitution). “Every person accused of a crime shall be presumed innocent until his or her guilt has been conclusively proved in accordance with the law in a public and fair hearing in which all the necessary guarantees for defence have been made available. Nobody shall be denied the right to appear before a judge competent by law to hear his or her case”. (art. 19, Constitution).It is time to see if there is any institution or authority in Rwanda protecting the law or the national constitution.
Sylvain SIBOMANA
FDU-INKINGI
Interim Secretary General.
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