Government Actions Undermine Democracy as Presidential Election Draws Near
(New York) - Insecurity and political repression are increasing in advance of Rwanda's August 2010 presidential elections, Human Rights Watch warned today. In the last two days, an independent journalist has been killed, the leader of an opposition party has been detained by the police, and other opposition party members have been arrested.
"The security situation is rapidly deteriorating," said Rona Peligal, Africa director at Human Rights Watch. "With only 45 days left before the election, the government is lashing out to silence its opponents and critics."
The Rwandan government should investigate all incidents of violence and ensure that opposition activists and journalists are able to carry out their legitimate activities in safety, Human Rights Watch said.
The Killing of Jean-Léonard Rugambage
Jean-Léonard Rugambage, a journalist for the newspaper Umuvugizi, was shot dead shortly after 10 p.m. on June 24 outside his home in Nyamirambo, in the capital, Kigali. His colleagues and other sources in Rwanda told Human Rights Watch that the assailant appeared to be waiting for the journalist as he returned home.
As Rugambage drove up to his gate, a man approached his car and fired several shots at close range, hitting him in the head and chest. Rugambage died on the spot. The assailant then drove off. Police arrived on the scene and took Rugambage's body to the police hospital in Kacyiru for autopsy. The police stated on June 25 that they were investigating his death.
Umuvugizi, an independent newspaper that has often been critical of the government, had published an article online on the morning Rugambage was killed, alleging that the Rwandan government was behind the attempted murder of a former Rwandan general, Faustin Kayumba Nyamwasa, in South Africa on June 19, and implicating senior officials. General Kayumba, once a close ally of President Paul Kagame and a former chief-of-staff of the Rwandan army, has become an increasingly outspoken critic of the government since fleeing to South Africa in February 2010. Umuvugizi's editor said that Rugambage had been investigating the murder attempt on Kayumba and had reported being under increased surveillance in the days leading up to his death.
"We are shocked and saddened by the death of this courageous journalist," Peligal said. "Freedom of expression is already severely restricted in Rwanda, but the death of Rugambage is a further chilling blow to investigative journalism and, more broadly, to freedom of expression in the country."
Human Rights Watch called on the Rwandan authorities to ensure that those responsible for Rugambage's murder are brought to justice without delay, and to ensure the security and protection of other journalists.
Arrests of Opposition Party Members
In the early hours of June 24, police entered the house of Bernard Ntaganda, leader of the opposition party PS-Imberakuri, and took him away for questioning. He has spent two days in police custody and is believed to be detained at Kicukiro police station. The exact accusations against him are not confirmed, but it is thought that the police have questioned him, among other things, about his alleged involvement in an attempted arson attack on the house of former party vice-president, Christine Mukabunani, and inciting ethnic divisions.
Members of the PS-Imberakuri reported that the police raided Ntaganda's house and the party's office and took away documents and other belongings. By June 25, the party's flag and sign had been taken down from their office.
Later on the morning of June 24, several members of PS-Imberakuri were rounded up by the police and taken into custody after they gathered outside the US embassy; they had gone there to ask for help following Ntaganda's arrest. Some were released, but several, including the party's secretary-general, Théobald Mutarambirwa, remained in detention in various locations in Kigali on June 25.
Also on the morning of June 24, police arrested several members of the FDU-Inkingi opposition party, who had gathered outside the Justice Ministry to protest a court case against their party president, Victoire Ingabire. Most were released on June 25, but the party's secretary-general, Sylvain Sibomana, treasurer, Alice Muhirwa, and Kigali representative, Théoneste Sibomana, were still in detention at the police station in Kicukiro on June 26. Some FDU-Inkingi members reported that when the police broke up their gathering, the police told them that they should stop being members of the party. Police also surrounded Ingabire's house at about 6 a.m. on June 24, and stayed there for most of the day.
Members of both parties reported being beaten by the police.
On June 25, the Commissioner General of Police issued a statement saying that about 40 individuals had attempted to hold a demonstration without a permit, that 22 people had been arrested and questioned, 14 had been released and eight were being held for further questioning.
"These incidents are occurring at the very moment that parties are putting forward candidates for the presidential elections," Peligal said. "The government is ensuring that opposition parties are unable to function and are excluded from the political process."
Background
Intimidation of Independent Media
The killing of Rugambage was not the first incident of violence against journalists. In February 2007, a group of assailants attacked Umuvugizi's editor, Jean-Bosco Gasasira, in a near fatal incident outside his house, after he spoke out at a presidential news conference about the harassment of journalists. No one has been brought to justice for the attack.
In July 2009, the information minister publicly declared that "the days of the destructive press are numbered," referring to Umuvugizi and a second independent newspaper, Umuseso. Within 24 hours, the national prosecutor's office had summoned Gasasira to answer allegations of defamation, a criminal offense punishable with imprisonment. Gasasira was convicted and sentenced to pay a large fine. Umuseso faced similar defamation charges for exposing scandals involving public figures. In February, a court sentenced its former editor, Charles Kabonero, to a year in prison and the current editor, Didas Gasana, and a reporter, Richard Kayigamba, to six months each. The editors of both newspapers have fled the country after receiving repeated threats.
On April 13, the Media High Council, a government-aligned body in charge of regulating the media, suspended Umuseso and Umuvuzigi for six months, and then called for their definitive closure. It alleged, among other things, that some of their articles constituted a threat to national security. The newspapers' appeal against the suspension is still pending. The suspension has effectively shut down most independent reporting in advance of the elections, since Umuseso and Umuvugizi were among the very few active independent newspapers left in Rwanda. Umuvugizi has since posted an electronic version of its newspaper, but access to its website has been blocked inside Rwanda.
Obstruction of Opposition Parties
Incidents of harassment and intimidation of members of opposition parties have steadily increased in the months leading up to the August elections. Ntaganda and Ingabire, as well as their party members, have been especially targeted. Unless the situation changes in the very near future, none of the three main opposition parties (PS-Imberakuri, FDU-Inkingi, and the Democratic Green Party of Rwanda) will be able to take part in the elections. Parties and independent candidates must submit their candidacies to the National Electoral Commission by July 2.
Showing posts with label Human Ritghts Watch. Show all posts
Showing posts with label Human Ritghts Watch. Show all posts
Monday, June 28, 2010
Wednesday, June 2, 2010
Amnesty International 2010 Report. Rwanda: A Genocide Ideology Promoting State
Amnesty International 2010 Report. Rwanda: A Genocide Ideology Promoting State
Dr. Muhammad Shamsaddin Megalommatis
June 01, 2010
In eleven earlier articles titled "Amnesty International 2010 Report. Foreword. Pursuing justice: For all Rights, for all People"
(http://www.americanchronicle.com/articles/view/159774), "The Amnesty International Report 2010 - Report at a Glance, and World by Region"
(http://www.americanchronicle.com/articles/view/159780), "Amnesty International 2010 Report. Key Issues: Human Rights Defenders, Justice and Development" (http://www.americanchronicle.com/articles/view/159784) and "Amnesty International 2010 Report: Global Justice Gap Condemns Millions to Abuse" (http://www.americanchronicle.com/articles/view/159789), "Terrorist State of Fake Ethiopia Must Cease to Exist. Amnesty International
Devastating Report" (http://www.americanchronicle.com/articles/view/159808), "Amnesty International 2010 Report. Recapitulative Chapter on Africa" (http://www.americanchronicle.com/articles/view/159963), "Amnesty International 2010 Report. Recapitulative Chapter on Middle East and North Africa" (http://www.americanchronicle.com/articles/view/159969), "Amnesty International 2010 Report. Biased Chapter on Eritrea Denounced"
(http://www.americanchronicle.com/articles/view/159996), "Amnesty International 2010 Report. Omissions in the Chapter on Sudan: Nubians, Bejas (Blemmyes)" (http://www.americanchronicle.com/articles/view/160037), "Amnesty International 2010 Report. Peace, Justice Impose the Split of the Colonial Fabrication Kenya" (http://www.americanchronicle.com/articles/view/160038) and "Amnesty International 2010 Report. Uganda: a Genocidal State Threat for Regional Peace and Security" (http://www.americanchronicle.com/articles/view/160172), I republished preliminary parts of the Report released a few days ago by the leading humanitarian NGO Amnesty International, namely the Foreword, the summary titled "Report at a glance", the recapitulative section "World by region", the section Key Issues, which involves three thematic units, namely Millennium Development Goals, International Justice, and Human Rights Defenders, the Amnsety International Press Release, titled "Report 2010: Global Justice Gap Condemns Millions to Abuse", and the speech given by interim Secretary General Claudio Cordone at AIR 2010 launch event. I also republished the recapitulative chapters on Africa and the Middle East and North Africa, and the chapters on Abyssinia (Fake Ethiopia), Eritrea, Sudan, Kenya and Uganda.
In forthcoming articles, I will republish further chapters from the Report, highlighting omissions, oversights and cases of unbalanced presentation. In the present article, I republish the chapter on Rwanda.
Republic οf Rwanda
Head of state: Paul Kagame
Head of government: Bernard Makuza
Death penalty: abolitionist for all crimes
Population: 10 million
Life expectancy: 49.7 years
Under-5 mortality (m/f): 167/143 per 1,000
Adult literacy: 64.9 per cent
The authorities tightly controlled political space in advance of the 2010 presidential elections and freedom of expression was unduly restricted by broad laws on genocide ideology. Human rights defenders continued to exercise self censorship to avoid confrontations with the authorities. Conventional courts still fell short of fair trial standards despite continued improvements to Rwanda´s justice system. Rwanda sought to address some failings within its criminal justice system which were cited by the International Criminal Tribunal for Rwanda (ICTR) when it refused to transfer cases in 2008. No country extradited genocide suspects to Rwanda.
Background
International donors, pleased with economic developments and Rwanda´s rapprochement with the Democratic Republic of Congo (DRC), rarely raised human rights violations publicly.
Rwanda´s relations with the DRC improved following a peace deal early in the year to end the rebellion by the Rwandan-backed National Congress for the Defence of the People (CNDP). In January, Rwanda joined Congolese government forces in a joint military offensive against the Democratic Liberation Forces of Rwanda (FDLR) in North-Kivu province. Military operations against the FDLR were strongly criticized from a human rights perspective (see DRC entry). The Netherlands and Sweden did not reinstate direct budgetary assistance which they had suspended in December 2008 following the release of a UN report demonstrating Rwandan support for the CNDP. Rwanda joined the Commonwealth of Nations and restored diplomatic relations with France in November.
Freedom of expression
Freedom of expression remained severely restricted.
Journalists
In August, the government introduced a media law which placed undue restrictions on press freedom, including a requirement that Rwandan journalists possess a degree or certificate in journalism as a precondition to practicing. Some journalists who were critical of the government continued to be excluded from government press conferences.
On 25 April, the BBC Kinyarwanda service was suspended by the Rwandan government after it aired a trailer for a show discussing forgiveness after the 1994 genocide. The government argued, without basis, that the broadcast constituted genocide denial, which is a criminal offence in Rwanda. The advertisement included Faustin Twagiramungu, a former presidential candidate, opposing attempts to have all Hutus apologize for the genocide as not all had participated in it. The broadcast also contained an excerpt from a man of mixed ethnicity reflecting on why the government had not allowed relatives of those killed by the Rwandan Patriotic Front (RPF) to grieve. The BBC service was reinstated in June following negotiations between the BBC and the government.
Law on genocide ideology
The authorities used broadly defined genocide ideology laws to silence dissent, including criticisms of the ruling RPF party and demands for justice for RPF war crimes. As of August 2009, there were reportedly 912 people in prison (356 awaiting trial; 556 convicted and sentenced) on genocide ideology charges. Some cases resulted in acquittals, often following a period of prolonged pre-trial detention.
Although the law covers some acts that can constitute hate speech, it requires no link to any genocidal act and is extremely vague. For example, it penalizes people with a 10- to 25-year prison term for "dehumanizing" a group of people by "laughing at one´s misfortune" or "stirring up ill feelings". It penalizes young children with sentences of up to 12 months at a rehabilitation centre, and those aged 12 to 18 with prison sentences of between five and twelve and a half years.
Human rights defenders
Human rights defenders continued to self-censor their work to avoid confrontations with the authorities. There were reports that some NGOs continued to be infiltrated by members of the ruling RPF party.
Freedom of association
The government actively impeded the registration of nascent opposition political parties. The Social Party Imberakuri was registered in August after several delays, but the Green Party still awaited its registration in late 2009 and had difficulty securing police clearance for meetings.
Prisoners of conscience
Charles Ntakirutinka, a former government minister, remained in Kigali Central Prison, serving a 10-year sentence due to end in 2012. He was convicted, in an unfair trial, of inciting civil disobedience and associating with criminal elements. His co-accused, former President Pasteur Bizimungu, was released by presidential pardon in 2007.
Justice system
Rwanda sought to address some of the failings within its criminal justice system, which were impugned by the ICTR when it refused to transfer cases to Rwanda in 2008. In May, Rwanda amended the 2007 transfer law, allowing witnesses residing abroad to testify by video link, deposition or before a judge sitting in a foreign jurisdiction. The amendment also provided for legal aid to indigent defendants transferred or extradited.
A special witness protection service for such cases was housed within the Supreme Court to respond to concerns that some defence witnesses would be averse to approaching the Witness and Victim Support Unit within the Prosecutor´s Office.
A draft law clarifying the nature of "special provisions" attached to life sentences was pending approval at year´s end. Abolition of the death penalty in 2007 led to the introduction of two types of life sentence: life imprisonment and life imprisonment with special provisions, which would be served in isolation. The draft law requires prisoners to be kept in individual cells for 20 years, raising concerns that some prisoners would be subjected to prolonged solitary confinement.
Rwanda does not have the capacity to keep prisoners in individual cells. The draft law would allow prisoners to exercise and receive visits only from members of their immediate family. It violates the right to health in medical emergencies, as a convicted prisoner could not access medical treatment outside prison without the approval of three prison doctors. As of October, there were 62,821 people in prison. Prison overcrowding continued to be a problem, despite a significant reduction in the prison population due to community service and annual prisoner releases.
Gacaca proceedings
Gacaca trials, whose procedures fail to meet international fair trial standards, were expedited with the objective of completing all outstanding cases by December. The 31 July deadline for new accusations before gacaca was extended in some areas. Some gacaca trials were reportedly marred by false accusations, corruption, and difficulties in calling defence witnesses. In December, with several appeals and revisions pending, the deadline to end gacaca was extended to the end of February 2010. After the closure of gacaca, new accusations were to be presented before conventional courts.
International justice
International Criminal Tribunal for Rwanda
The ICTR´s mandate to finish all first-instance trials was extended to end of June 2010, according to UN Security Council Resolution 1901. The apprehension of two suspects indicted by the ICTR, Gregoire Ndahimana and Idelphonse Nizeyimana, and their transfer to Arusha from the DRC and Uganda respectively, marked growing regional co-operation between countries to support justice for the genocide.
Universal jurisdiction – Genocide suspects living abroad
Judicial proceedings against genocide suspects took place in many countries including Belgium, Canada, Finland and the USA. Extradition hearings against genocide suspects continued in Finland, Sweden and the UK. No country extradited genocide suspects to Rwanda for trial.
Due to concerns over the protection of defence witnesses and fears of executive interference with the judiciary, a UK High Court ruling overturned the UK´s initial decision to extradite to Rwanda four Rwandans wanted on genocide charges. Finland ruled against extradition, deciding instead to try Francois Bazaramba under universal jurisdiction (see Finland entry). The court traveled to Rwanda to hear evidence from prosecution witnesses. Sweden was the first country to rule in favour of extradition, but Sylvere Ahorugeze´s extradition was halted pending an appeal at the European Court of Human Rights.
The Rwandan government reported that it had over 500 genocide suspects under investigation around the world. It also stated that some African countries had not co-operated with its investigations.
Impunity
War crimes and crimes against humanity committed by the RPF and the Rwandan Patriotic Army (RPA) before, during and after the genocide were not prosecuted. There were no new criminal investigations or prosecutions initiated against former RPA fighters accused of committing war crimes and crimes against humanity. The ICTR did not issue indictments against any RPF commanders implicated in such abuses. Neither did the ICTR recall the RPF file that was transferred to the government of Rwanda, resulting in the prosecution of two junior commanders. This was despite concerns that the trial, whose verdict was pronounced in October 2008, fell short of international fair trial standards and that those who directed the killings were not prosecuted.
Rights of lesbian, gay, bisexual and transgender people
In late December, the lower house of the Rwandan parliament rejected an amendment to the Penal Code, which would have criminalized same-sex relations and their promotion. Following significant pressure from Rwandan civil society and the diplomatic community, the Minister of Justice issued a public statement stating that homosexuality would not be criminalized, as sexual orientation was a private matter.
Refugees and asylum-seekers
The deadline for voluntary repatriation of Rwandan refugees from Uganda lapsed. This followed concerns raised that repatriation may not have been voluntary given that Uganda´s assistance to Rwandan refugees was due to cease after 31 July, according to the voluntary repatriation agreement signed between the Rwandan government, the Ugandan government and the UN High Commissioner for Refugees on 22 April.
Some refugees reported that they were stopped from cultivating their land. The ending of such assistance may have forced refugees who continued to have a well-founded fear of persecution in Rwanda to return there.
Amnesty International visits/report
Amnesty International delegates visited Rwanda in September and
October.
Finland: Universal jurisdiction put into practice against suspect in
Rwandan genocide (EUR/20/001/2009)
Dr. Muhammad Shamsaddin Megalommatis
June 01, 2010
In eleven earlier articles titled "Amnesty International 2010 Report. Foreword. Pursuing justice: For all Rights, for all People"
(http://www.americanchronicle.com/articles/view/159774), "The Amnesty International Report 2010 - Report at a Glance, and World by Region"
(http://www.americanchronicle.com/articles/view/159780), "Amnesty International 2010 Report. Key Issues: Human Rights Defenders, Justice and Development" (http://www.americanchronicle.com/articles/view/159784) and "Amnesty International 2010 Report: Global Justice Gap Condemns Millions to Abuse" (http://www.americanchronicle.com/articles/view/159789), "Terrorist State of Fake Ethiopia Must Cease to Exist. Amnesty International
Devastating Report" (http://www.americanchronicle.com/articles/view/159808), "Amnesty International 2010 Report. Recapitulative Chapter on Africa" (http://www.americanchronicle.com/articles/view/159963), "Amnesty International 2010 Report. Recapitulative Chapter on Middle East and North Africa" (http://www.americanchronicle.com/articles/view/159969), "Amnesty International 2010 Report. Biased Chapter on Eritrea Denounced"
(http://www.americanchronicle.com/articles/view/159996), "Amnesty International 2010 Report. Omissions in the Chapter on Sudan: Nubians, Bejas (Blemmyes)" (http://www.americanchronicle.com/articles/view/160037), "Amnesty International 2010 Report. Peace, Justice Impose the Split of the Colonial Fabrication Kenya" (http://www.americanchronicle.com/articles/view/160038) and "Amnesty International 2010 Report. Uganda: a Genocidal State Threat for Regional Peace and Security" (http://www.americanchronicle.com/articles/view/160172), I republished preliminary parts of the Report released a few days ago by the leading humanitarian NGO Amnesty International, namely the Foreword, the summary titled "Report at a glance", the recapitulative section "World by region", the section Key Issues, which involves three thematic units, namely Millennium Development Goals, International Justice, and Human Rights Defenders, the Amnsety International Press Release, titled "Report 2010: Global Justice Gap Condemns Millions to Abuse", and the speech given by interim Secretary General Claudio Cordone at AIR 2010 launch event. I also republished the recapitulative chapters on Africa and the Middle East and North Africa, and the chapters on Abyssinia (Fake Ethiopia), Eritrea, Sudan, Kenya and Uganda.
In forthcoming articles, I will republish further chapters from the Report, highlighting omissions, oversights and cases of unbalanced presentation. In the present article, I republish the chapter on Rwanda.
Republic οf Rwanda
Head of state: Paul Kagame
Head of government: Bernard Makuza
Death penalty: abolitionist for all crimes
Population: 10 million
Life expectancy: 49.7 years
Under-5 mortality (m/f): 167/143 per 1,000
Adult literacy: 64.9 per cent
The authorities tightly controlled political space in advance of the 2010 presidential elections and freedom of expression was unduly restricted by broad laws on genocide ideology. Human rights defenders continued to exercise self censorship to avoid confrontations with the authorities. Conventional courts still fell short of fair trial standards despite continued improvements to Rwanda´s justice system. Rwanda sought to address some failings within its criminal justice system which were cited by the International Criminal Tribunal for Rwanda (ICTR) when it refused to transfer cases in 2008. No country extradited genocide suspects to Rwanda.
Background
International donors, pleased with economic developments and Rwanda´s rapprochement with the Democratic Republic of Congo (DRC), rarely raised human rights violations publicly.
Rwanda´s relations with the DRC improved following a peace deal early in the year to end the rebellion by the Rwandan-backed National Congress for the Defence of the People (CNDP). In January, Rwanda joined Congolese government forces in a joint military offensive against the Democratic Liberation Forces of Rwanda (FDLR) in North-Kivu province. Military operations against the FDLR were strongly criticized from a human rights perspective (see DRC entry). The Netherlands and Sweden did not reinstate direct budgetary assistance which they had suspended in December 2008 following the release of a UN report demonstrating Rwandan support for the CNDP. Rwanda joined the Commonwealth of Nations and restored diplomatic relations with France in November.
Freedom of expression
Freedom of expression remained severely restricted.
Journalists
In August, the government introduced a media law which placed undue restrictions on press freedom, including a requirement that Rwandan journalists possess a degree or certificate in journalism as a precondition to practicing. Some journalists who were critical of the government continued to be excluded from government press conferences.
On 25 April, the BBC Kinyarwanda service was suspended by the Rwandan government after it aired a trailer for a show discussing forgiveness after the 1994 genocide. The government argued, without basis, that the broadcast constituted genocide denial, which is a criminal offence in Rwanda. The advertisement included Faustin Twagiramungu, a former presidential candidate, opposing attempts to have all Hutus apologize for the genocide as not all had participated in it. The broadcast also contained an excerpt from a man of mixed ethnicity reflecting on why the government had not allowed relatives of those killed by the Rwandan Patriotic Front (RPF) to grieve. The BBC service was reinstated in June following negotiations between the BBC and the government.
Law on genocide ideology
The authorities used broadly defined genocide ideology laws to silence dissent, including criticisms of the ruling RPF party and demands for justice for RPF war crimes. As of August 2009, there were reportedly 912 people in prison (356 awaiting trial; 556 convicted and sentenced) on genocide ideology charges. Some cases resulted in acquittals, often following a period of prolonged pre-trial detention.
Although the law covers some acts that can constitute hate speech, it requires no link to any genocidal act and is extremely vague. For example, it penalizes people with a 10- to 25-year prison term for "dehumanizing" a group of people by "laughing at one´s misfortune" or "stirring up ill feelings". It penalizes young children with sentences of up to 12 months at a rehabilitation centre, and those aged 12 to 18 with prison sentences of between five and twelve and a half years.
Human rights defenders
Human rights defenders continued to self-censor their work to avoid confrontations with the authorities. There were reports that some NGOs continued to be infiltrated by members of the ruling RPF party.
Freedom of association
The government actively impeded the registration of nascent opposition political parties. The Social Party Imberakuri was registered in August after several delays, but the Green Party still awaited its registration in late 2009 and had difficulty securing police clearance for meetings.
Prisoners of conscience
Charles Ntakirutinka, a former government minister, remained in Kigali Central Prison, serving a 10-year sentence due to end in 2012. He was convicted, in an unfair trial, of inciting civil disobedience and associating with criminal elements. His co-accused, former President Pasteur Bizimungu, was released by presidential pardon in 2007.
Justice system
Rwanda sought to address some of the failings within its criminal justice system, which were impugned by the ICTR when it refused to transfer cases to Rwanda in 2008. In May, Rwanda amended the 2007 transfer law, allowing witnesses residing abroad to testify by video link, deposition or before a judge sitting in a foreign jurisdiction. The amendment also provided for legal aid to indigent defendants transferred or extradited.
A special witness protection service for such cases was housed within the Supreme Court to respond to concerns that some defence witnesses would be averse to approaching the Witness and Victim Support Unit within the Prosecutor´s Office.
A draft law clarifying the nature of "special provisions" attached to life sentences was pending approval at year´s end. Abolition of the death penalty in 2007 led to the introduction of two types of life sentence: life imprisonment and life imprisonment with special provisions, which would be served in isolation. The draft law requires prisoners to be kept in individual cells for 20 years, raising concerns that some prisoners would be subjected to prolonged solitary confinement.
Rwanda does not have the capacity to keep prisoners in individual cells. The draft law would allow prisoners to exercise and receive visits only from members of their immediate family. It violates the right to health in medical emergencies, as a convicted prisoner could not access medical treatment outside prison without the approval of three prison doctors. As of October, there were 62,821 people in prison. Prison overcrowding continued to be a problem, despite a significant reduction in the prison population due to community service and annual prisoner releases.
Gacaca proceedings
Gacaca trials, whose procedures fail to meet international fair trial standards, were expedited with the objective of completing all outstanding cases by December. The 31 July deadline for new accusations before gacaca was extended in some areas. Some gacaca trials were reportedly marred by false accusations, corruption, and difficulties in calling defence witnesses. In December, with several appeals and revisions pending, the deadline to end gacaca was extended to the end of February 2010. After the closure of gacaca, new accusations were to be presented before conventional courts.
International justice
International Criminal Tribunal for Rwanda
The ICTR´s mandate to finish all first-instance trials was extended to end of June 2010, according to UN Security Council Resolution 1901. The apprehension of two suspects indicted by the ICTR, Gregoire Ndahimana and Idelphonse Nizeyimana, and their transfer to Arusha from the DRC and Uganda respectively, marked growing regional co-operation between countries to support justice for the genocide.
Universal jurisdiction – Genocide suspects living abroad
Judicial proceedings against genocide suspects took place in many countries including Belgium, Canada, Finland and the USA. Extradition hearings against genocide suspects continued in Finland, Sweden and the UK. No country extradited genocide suspects to Rwanda for trial.
Due to concerns over the protection of defence witnesses and fears of executive interference with the judiciary, a UK High Court ruling overturned the UK´s initial decision to extradite to Rwanda four Rwandans wanted on genocide charges. Finland ruled against extradition, deciding instead to try Francois Bazaramba under universal jurisdiction (see Finland entry). The court traveled to Rwanda to hear evidence from prosecution witnesses. Sweden was the first country to rule in favour of extradition, but Sylvere Ahorugeze´s extradition was halted pending an appeal at the European Court of Human Rights.
The Rwandan government reported that it had over 500 genocide suspects under investigation around the world. It also stated that some African countries had not co-operated with its investigations.
Impunity
War crimes and crimes against humanity committed by the RPF and the Rwandan Patriotic Army (RPA) before, during and after the genocide were not prosecuted. There were no new criminal investigations or prosecutions initiated against former RPA fighters accused of committing war crimes and crimes against humanity. The ICTR did not issue indictments against any RPF commanders implicated in such abuses. Neither did the ICTR recall the RPF file that was transferred to the government of Rwanda, resulting in the prosecution of two junior commanders. This was despite concerns that the trial, whose verdict was pronounced in October 2008, fell short of international fair trial standards and that those who directed the killings were not prosecuted.
Rights of lesbian, gay, bisexual and transgender people
In late December, the lower house of the Rwandan parliament rejected an amendment to the Penal Code, which would have criminalized same-sex relations and their promotion. Following significant pressure from Rwandan civil society and the diplomatic community, the Minister of Justice issued a public statement stating that homosexuality would not be criminalized, as sexual orientation was a private matter.
Refugees and asylum-seekers
The deadline for voluntary repatriation of Rwandan refugees from Uganda lapsed. This followed concerns raised that repatriation may not have been voluntary given that Uganda´s assistance to Rwandan refugees was due to cease after 31 July, according to the voluntary repatriation agreement signed between the Rwandan government, the Ugandan government and the UN High Commissioner for Refugees on 22 April.
Some refugees reported that they were stopped from cultivating their land. The ending of such assistance may have forced refugees who continued to have a well-founded fear of persecution in Rwanda to return there.
Amnesty International visits/report
Amnesty International delegates visited Rwanda in September and
October.
Finland: Universal jurisdiction put into practice against suspect in
Rwandan genocide (EUR/20/001/2009)
Friday, May 21, 2010
It's Apparent that Mr.Kagame Is Becoming a Thorn For The USA Effort to Bring Peace
First Published By The Confused Eagle Live Journal
It is becoming apparent that Paul Kagame will be a thorn in the Side of the United States and its efforts to promote peace in Central Africa. There was a glimmer of good news as reports indicated that the Democratic Greens were able to hold a meeting with the Ministry of Local Government about registering as a Political Party to field a Candidate for the Elections this summer.
Sadly Victorie Ingabire has been prevented from leaving the Country again. At this time she is prevented from leaving the country and from interacting with members of her family. It is quite clear that President Kagame, the Military and the Intelligence Services are scared of this candidate and the questions that she has been asking. And in another twist Godwin Agaba the Journalist whose name has been drug through the Mud by Pro-Government Media outlets has informed the Confused Eagle of a couple of Interesting Facts.
Mr. Agaba indicates that the current Political Situation in Rwanda remains tense. The Actions taken against Mrs. Ingabire will further escalate the growing sense of unease in the Country. He is also looking forward to leaving the Area. Its sad when people who ply their given craft are driven out by the insidious forces that the uncover.
Over the Past Weekend a Conference was held in Pittsburgh to discuss the current situation in Sudan. The city was chosen for the fact that it currently houses the third largest Sudanese Population currently in the Country.
The Keynote speaker for this event was none other than the US Special Envoy for Sudan General Scott Gration. During the Forum on Saturday March 20th the envoy made some interesting remarks regarding US Policy towards Sudan. An attendee of the event was kind enough to send me the following details:
The Obama Administration is preparing for Southern Sudanese Independence to occur after the January 2011 plebiscite. This is an interesting assessment being made before the Parliamentary and Presidential Elections that are scheduled to take place in a few weeks. The Envoy also thinks that there will be a Peaceful Resolution in Darfur. He stated that 80% of the Groups have made a deal with Khartoum. Of course recent fighting shows that this rationale may be flawed.
There is a legitimate concern that the upcoming elections in Sudan will not be free and fair. There have been questions regarding the census that was conducted in the Country. The North has had a reported explosion in the population in that region. Also reports are that some groups that have been questioning how the process has been set up have been threatened with expulsion.
Reports from Somalia indicate that Islamists fired upon Helicopters near the Southern towns of Barka and Barawye. The Nationality of these aircraft has yet to be determined. However there have been widespread reports that the Obama Administration will be assisting the TNG in its upcoming Offensive against the Islamists.
There are well intentioned people that are supporting the LRA Disarmament Bill. Some of the Acholis that I know are not fond of this Bill. They believe that this Bill helps President Museveni more than it does them. Recent reports have indicated that the LRA is in Equateur Province in Sudan then along the Border with the DRC and have even launched an attack in the CAR.
The LRA has been in the field since Operation Lightning Thunder began in 2008. Is it possible that they know the terrain better than the UPDF who are chasing them the answer is probably yes. AFRICOM had support OLT with Intelligence Support while it was ongoing. With the Access to Satellites that the US Military has you cannot tell me that no one knows where Kony is even though he has stopped using his cell phone. And there is a interesting point regarding the CAR attack. there was a corpse left behind. Reports state that He was wearing a UPDF Uniform. BTW the LRA Bill has moved from the Senate to the House of Representatives.
It is becoming apparent that Paul Kagame will be a thorn in the Side of the United States and its efforts to promote peace in Central Africa. There was a glimmer of good news as reports indicated that the Democratic Greens were able to hold a meeting with the Ministry of Local Government about registering as a Political Party to field a Candidate for the Elections this summer.
Sadly Victorie Ingabire has been prevented from leaving the Country again. At this time she is prevented from leaving the country and from interacting with members of her family. It is quite clear that President Kagame, the Military and the Intelligence Services are scared of this candidate and the questions that she has been asking. And in another twist Godwin Agaba the Journalist whose name has been drug through the Mud by Pro-Government Media outlets has informed the Confused Eagle of a couple of Interesting Facts.
Mr. Agaba indicates that the current Political Situation in Rwanda remains tense. The Actions taken against Mrs. Ingabire will further escalate the growing sense of unease in the Country. He is also looking forward to leaving the Area. Its sad when people who ply their given craft are driven out by the insidious forces that the uncover.
Over the Past Weekend a Conference was held in Pittsburgh to discuss the current situation in Sudan. The city was chosen for the fact that it currently houses the third largest Sudanese Population currently in the Country.
The Keynote speaker for this event was none other than the US Special Envoy for Sudan General Scott Gration. During the Forum on Saturday March 20th the envoy made some interesting remarks regarding US Policy towards Sudan. An attendee of the event was kind enough to send me the following details:
The Obama Administration is preparing for Southern Sudanese Independence to occur after the January 2011 plebiscite. This is an interesting assessment being made before the Parliamentary and Presidential Elections that are scheduled to take place in a few weeks. The Envoy also thinks that there will be a Peaceful Resolution in Darfur. He stated that 80% of the Groups have made a deal with Khartoum. Of course recent fighting shows that this rationale may be flawed.
There is a legitimate concern that the upcoming elections in Sudan will not be free and fair. There have been questions regarding the census that was conducted in the Country. The North has had a reported explosion in the population in that region. Also reports are that some groups that have been questioning how the process has been set up have been threatened with expulsion.
Reports from Somalia indicate that Islamists fired upon Helicopters near the Southern towns of Barka and Barawye. The Nationality of these aircraft has yet to be determined. However there have been widespread reports that the Obama Administration will be assisting the TNG in its upcoming Offensive against the Islamists.
There are well intentioned people that are supporting the LRA Disarmament Bill. Some of the Acholis that I know are not fond of this Bill. They believe that this Bill helps President Museveni more than it does them. Recent reports have indicated that the LRA is in Equateur Province in Sudan then along the Border with the DRC and have even launched an attack in the CAR.
The LRA has been in the field since Operation Lightning Thunder began in 2008. Is it possible that they know the terrain better than the UPDF who are chasing them the answer is probably yes. AFRICOM had support OLT with Intelligence Support while it was ongoing. With the Access to Satellites that the US Military has you cannot tell me that no one knows where Kony is even though he has stopped using his cell phone. And there is a interesting point regarding the CAR attack. there was a corpse left behind. Reports state that He was wearing a UPDF Uniform. BTW the LRA Bill has moved from the Senate to the House of Representatives.
Thursday, May 20, 2010
May 19, 2010 – A Citizen’s Weekly Open Letter to General Kagame, President of the Republic of Rwanda
May 19, 2010 – A Citizen’s Weekly Open Letter to General Kagame, President of the Republic of Rwanda
By Aimable Mugara
May 19, 2010
H. E. General Paul Kagame
Office of the President
Republic of Rwanda
P.O. Box 15 Urugwiro Village
Kigali – Rwanda
Fax: +250 572431
Copy:
Prosecutor General
Martin Ngoga
National Public Prosecution Authority
BP 1328
Kigali – Rwanda
Fax: +250 589501
Commissioner General Emmanuel Gasana
Rwandan National Police
Kigali – Rwanda
Fax: +250 586602
Chief Executive Officer
Editor-in-Chief
The New Times Publications SARL
Immeuble Aigle Blanc
P.O. Box 4953
Kigali – Rwanda
A Citizen’s Weekly Open Letter to General Kagame, President of the Republic of Rwanda
Dear General,
There are 12 weeks left before the elections. This is my tenth letter and there are 12 letters left. This week, Rwanda continues to be an example of what can go wrong in a nation that is devoid of good leadership. The political space continues to be muzzled; citizens’ security in the country continues to get worse, citizens abroad continue to protest and prominent foreign media continue to reveal the true colors of what is actually taking place in Rwanda.
We all heard about your nomination by the RPF party to be their candidate in the August 2010 presidential elections. It was a little shocking to hear that all the other candidates in your party that would have stood against you dropped out via writing and that in the end you stood unopposed. I really hope this will not be the case for the national elections. There is a lot of strength that comes from voters having choices. In the meantime, we saw a request from some opposition parties to delay the upcoming elections, considering that the current situation is not conducive to free and fair elections. This is a request that I wholeheartedly agree with and hope will be implemented. There is no point pretending to have elections when some opposition politicians have been denied the fundamental right to register their parties and some opposition politicians who clearly have a strong chance of winning the elections have been dragged to court on some questionable charges.
Unfortunately there was also the sad news of the 2 grenade attacks in the capital city that killed two people and injured more than 30 people. Such attacks perpetuate the cycle of violence that has plagued our nation for more than 50 years, where various groups including your RPF party have decided to use violence to resolve political issues. The loss of innocent lives in all this violence is deplorable. I call upon you to open up the political space in Rwanda in order to demonstrate that political change can be made peacefully. As long as your government continues to crack down on your political opponents, you will be giving excuses to the groups that believe that violence is the only way to make political change in Rwanda.
Across the ocean in Belgium, we continue to see a group of patriots who for more than 3 weeks have laid siege to the Rwandan embassy there. Ambassador Gérard Ntwari complained to the Belgian ministry of foreign affairs that these demonstrators were tarnishing Rwanda’s image in Belgium. The Belgian authorities rightfully reminded him that it is a democratic country where people have the right to express themselves. Indeed, it is the non-democratic actions of Rwanda’s government that tarnish the country’s image, actions that force these patriots to protest against their country instead of speaking well of it.
On the other side of the oceans, the New York Times once again in its journalistic excellence exposed the truth about what is really going on in Rwanda. We learned about how in the country’s colleges and universities, the much vaunted reconciliation has not taken hold at all. We were also shocked to find out that a university professor was sentenced to 5 years in jail because one of his students reported to the police that this professor insulted you. There is something quite rotten about a university professor being sentenced to 5 years in jail for apparently insulting the president. This puts our country right in the middle of the Dark Ages, more than two thousand years ago. I really hope this professor is freed immediately, as this is no way to run a nation.
Sometime I try really hard to understand your government’s actions. On one hand, your government talks a lot about wanting what is good for the nation in the long-term. But on the other hand, many of the actions taken seem to benefit only a select few in the short term and cause a lot of problems for everyone over the long haul. If you really care for the long-term well-being of our nation, there is no benefit in continuing to crack down on opposition politicians. Similarly, there is no benefit in continuing to deny the citizens so many of the fundamental rights enshrined in the Universal Declaration of Human Rights.
Aimable Mugara
Toronto, Ontario Canada
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Wednesday, May 19, 2010
Over 1,000,000 Rwandan refugees face forced repatriation from Uganda
The development was communicated at a meeting between Ugandan officials led by Relief and Disaster Preparedness Minister, Professor Tarsis Kabwegyere and his Rwandan counterpart General Marcel Gatsinzi, in Mbarara, Western Uganda.
In a joint communiqué, the Rwandans in Uganda, who had fled Rwanda due to population pressure and political reasons in recent years, are over 1 million in number. Most of them have mainly settled in Kiboga and Masindi regions of central and western Ugandan respectively.
Kabwegyere’s team complained to the Rwandan delegation that the Rwandans were involved in grabbing land from Ugandans and also trying to dominate the indigenous people politically and socially.
The Rwandan refugee crisis in Uganda has over the last decade taken on political and military dimensions. The Rwandan government has accused some of them of being insurgents while the Ugandan government considers some of them as spies.
Uganda’s High Commissioner to Rwanda Richard Kabonero said that conditions in Rwanda are good for everyone to return.
He cited a group of refugees, commonly referred to as the Kibati group, saying they returned to Rwanda in October 2007 and settled happily. Those still in Uganda, Kabonero said, should voluntarily go back or risk losing their refugee status.
Over 1,312 Rwandan refugees fled to Uganda between April and March this year, claiming political persecution. The refugees, most of whom hail from the Eastern Province, were however denied refugee status. posted by Mamadou Kouyate @ 12:34 AM
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