Three Rwandan complaints against a planned documentary on France 2

Three Rwandan complaints against a planned documentary on France 2 click here for original article in French
Paris, June 18, 2011 (FH) - Three Rwandans have filed a complaint referred to the Court of Paris against the documentary "Genocide in Rwanda: the killers among us," whose distribution is scheduled for Tuesday, June 28 by the public television France 2.
The widow of President Habyarimana, Agathe Kanziga, filed the first complaint against the company France Televisions and the production company Tony Committee. She was joined by two other Rwandans interviewed by the director of Manolo Arthuis, as part of a television documentary produced for the show The Great Hunt.
"Our goal is not to condemn or to prevent the spread of this documentary, provides counsel for Agathe Habyarimana, Philippe Meilhac. All that we ask today is to watch it, in order to see whether or not a violation of the presumption of innocence. Despite several requests, we refused it. "
"It took us six months of investigation to make this documentary and film, of course with their consent, three genocide suspects living on French soil," said Manolo for Arthuys.
Agathe Habyarimana was shot "in the presence of his lawyer and two members of his family," while the doctor was Twagira Charles' home and without a lawyer, "and the former Rwandan army officer Marcel Bivugabagabo" in a rectory and without a lawyer, "says the director.
"I received from Mr. Arthuys almost a year ago, I allowed him to see my client continues Me Meilhac. What worries me deeply is that we are on a serious subject, that in terms of process it is at the very beginning, and I am a little surprised at how they present the show. It seems that it is totally dependent. "
A press of France Televisions, cited by the plaintiffs, announced in effect: "Sixteen years after the fact, the Rwandan justice and international justice are tried and sentenced many officials. But how many are still at large? While some are hiding in Africa, others live with impunity in Europe, particularly in France where Manolo for Arthuys found them. "
Another release presents the show The Great Hunt, made a documentary and a discussion moderated by journalist Nicolas Poincaré, as "a collection of five investigative documentaries devoted to men who are or have been, the most sought after in the world. "
On the set of the show's June 28, four guests are scheduled to date for the debate: James Kabale, Ambassador of Rwanda, Alain Gauthier, president of the Collective of plaintiffs for Rwanda (CPCR), Filip Reyntjens, Professor of Law at the University of Antwerp and a journalist, Maria Malagardis.
In their chambers, each of the three complainants argue that none of them is under an indictment before the French courts or prosecution before the International Criminal Tribunal for Rwanda. Only preliminary proceedings are initiated.
The most famous of them, Agathe Habyarimana, is within the scope of an extradition request issued by Rwanda, which will be heard June 29 in Paris. It is also the subject of a judicial investigation opened in March 2008, following a complaint of the SCRC, in which it is heard as a witness simple.
The former Lieutenant-Colonel Marcel Bivugabagabo has also been a Rwandan extradition request rejected by the court of Toulouse in 2008. The same year, the SCRC has filed a complaint against the former officer. This indicates, in its application for interim relief, since he had "never been heard by an investigator."
The Hirondelle News Agency has learned, however, in January 2010 that Marcel Bivugabagabo was the subject of a "preliminary investigation" during a visit to Rwanda two French investigating judges, and Brigitte Jolivet Nicolas Aubertin.
Charles Twagira for his part in 2007 obtained the status of political refugee in France. He is also the subject of a complaint of the SCRC, filed in the court of Rouen in early 2010 and sent to the court to Paris, where a judicial inquiry was opened. He works as a doctor.
Initially scheduled May 31, the distribution of this document has been extended to June 28, May 26 arrest of former military leader of Bosnian Serbs, Ratko Mladic, then having been a special issue of The Great Hunt.
The three complaints filed with the interim High Court of Paris will be heard as a group, Monday, June 20
Eighteen court records concerning the Rwandan genocide suspects residing on French soil are being educated to the high court of Paris.
PF / GF

American embassy declines comment on arrest of Victoire Ingabire Umuhoza’s lawyer Peter Erlinder

American embassy declines comment on arrest of Ingabire’s lawyer

Friday, 28 May 2010 16:07 by Fred Mwasa and Adam Hooper


Kigali: American national Prof. Peter Erlinder is scheduled to appear in court following arrest by Police detectives over negating the Tutsi mass Genocide. The arrest of the fire-brand criminal lawyer comes as President Kagame prepares to leave for Paris for a France-Africa summit, RNA reports.

Mr. Erlinder was rounded up Friday morning by detectives from the Criminal Investigations Department (CID). He was immediately moved to the CID office in the Police headquarters located within walking distance of the American embassy.

The controversial attorney was arrested for denying the 1994 Tutsi Genocide, said Police Spokesman Eric Kayiranga. “He is accused of [denying the massacres] through publications, conferences, constantly denying that there was never Genocide in Rwanda. He has also said everything we say about the Genocide is a fabrication.”

The Police Spokesman said Prof. Erlinder will be handed to the National Prosecuting Authority which should culminate into an appearance in a court within 72 hours.

When contacted, U.S. Embassy public affairs officer Edwina Sagitto simply said: "The embassy is aware of the arrest of Peter Erlinder by Rwandan Police. Beyond that, the embassy cannot comment due to privacy concerns."

Peter Erlinder is a professor of law at William Mitchell College of Law in the United States. He directs the non-profit International Humanitarian Law Institute, and he is the lead defence counsel at the International Criminal Tribunal for Rwanda (ICTR).

The attorney arrived in Kigali on Sunday from a conference in Belgium which has been described by government and Genocide survivors as platform for negationists. Several Genocide fugitives were invited as speakers, including Dr. Eugene Rwamucyo, who was arrested by French authorities on Tuesday.

Police spokesman Kayiranga said Prof. Erlinder was arrested five days later because the dossier was still being prepared. “We do not just detain people … it is done after a dossier is ready,” he said.

The prosecutions department told reporters that the suspect will be paraded in court anytime but within the prescribed timeframe of not more than seventy-two hours.

Mr. Erlinder was picked up at 8:30am from the Tunisian-owned Laico Hotel (formerly Novotel Hotel) in Kacyiru where he was staying. Incidentally, the hotel is located within view of the American embassy.

He is described in Rwanda as the ‘big fish defender’ because of his association with Ingabire Victoire, Genocide accused Col Theoneste Bagosora and most recently former First Lady Agathe Kanziga Habyarimana. All the three carry serious accusations related to the Tutsi mass slaughter.

The arrest comes a day after the US government declared its stance on Rwanda, for the first time in several years coming out strongly against the human rights situation in the country. The top US diplomat for Africa, Johnnie Carson, demanded a “speedy, fair, and transparent trial” for Ingabire.

The American diplomat for Africa made reference to the suspended tabloids UMUVUGIZI and UMUSESO, as well as the Human Rights Watch researcher Carina Tertsakian who was refused a work permit in April. He also informed American lawmakers of the progress of the imminent trail of government critic Ingabire Victoire, as well as the registration of the two opposition parties.

“We have relayed our concerns about these developments to the Government of Rwanda, urging senior government leaders to respect freedoms of expression, press, association, and assembly,” Carson said Tuesday before the House Foreign Affairs Committee Subcommittee on Africa and Global Health.

However, Foreign Affairs Minister and Government Spokesman Louise Mushikiwabo strongly dismissed the concerns.

“The concerns expressed by the US Assistant Secretary of State for African Affairs over the state of rights and freedoms in Rwanda at this particular time need to be contextualized: it is a result of an out-of-Rwanda reading of the situation in Rwanda, with added election hype,” she said in an email message Thursday to RNA.

Meanwhile, after denouncing Prof. Peter Erlinder on Thursday in a statement, Genocide survivors on Friday took their anger to the American embassy. Carrying placards, a group of over 100 demonstrators including students in school uniform called for his arrest and prosecution.

Prof. Erlinder was part of a three-man team of lawyers who tried to serve President Kagame with a notice of suit at the Oklahoma University in April accusing him of responsibility for the assassination of ex-President Juvenal Habyarimana.

The suit was filed by Agathe Habyarimana and Sylvana Ntaryarima – the two widows to the presidents who died in the same plane on April 06 1994 – culminating into the Tutsi Genocide.

The arrest of the American lawyer also comes as President Kagame prepares to head to Paris for the France-Africa summit next week. It will be the first time the President has visited France since his time as a rebel lead

National Lawyers Guild Demands Immediate Release of Attorney Peter Erlinder Vigorous Legal Advocate Arrested in Rwanda

FOR IMMEDIATE RELEASE
May 28, 2010
1:07 PM


CONTACT: National Lawyers Guild (NLG)
David Gespass, 205-566-2530

Heidi Boghosian, 917-239-4999


National Lawyers Guild Demands Immediate Release of Attorney Peter Erlinder
Vigorous Legal Advocate Arrested in Rwanda

NEW YORK - May 28 - The National Lawyers Guild (NLG) demands the immediate release of its former president, Professor Peter Erlinder, whom Rwandan Police arrested early today on charges of "genocide ideology." He had traveled to Rwanda's capital, Kigali, on May 23, to join the defense team of Rwandan presidential candidate Victoire Ingabire Umuhoza. Erlinder is reportedly being interrogated at the Rwandan Police Force's Kacyiru headquarters.

"Professor Erlinder has been acting in the best tradition of the legal profession and has been a vigorous advocate in his representation of Umuhoza. There can be no justice for anyone if the state can silence lawyers for defendants whom it dislikes and a government that seeks to prevent lawyers from being vigorous advocates for their clients cannot be trusted. The entire National Lawyers Guild is honored by his membership and his courageous advocacy," said David Gespass, the Guild's president.

Erlinder traveled to Kigali after attending the Second International Criminal Defense Lawyers' Conference in Brussels. Since his arrival in Kigali, the state-sponsored Rwandan media has been highly critical of Erlinder.

The Rwandan Parliament adopted the "Law Relating to the Punishment of the Crime of Genocide Ideology" (Genocide Ideology Law), on July 23, 2008. It defines genocide ideology broadly, requires no link to any genocidal act, and can be used to include a wide range of legitimate forms of expression, prohibiting speech protected by international conventions such as the Genocide Convention of 1948 and the International Covenant on Civil and Political Rights 1966.

Sarah Erlinder, Arizona attorney and NLG member said, "My father has made a career defending unpopular people and unpopular speech-and is now being held because of his representation of unpopular clients and analysis of an historical narrative that the Kagame regime considers inconvenient. We can help defend his rights now by drawing U.S. government and media attention to his situation and holding the Rwandan government accountable for his well-being."

Before leaving for Brussels and then Kigali, Professor Erlinder notified the U.S. State Department, his Minnesota Congressional Representative Betty McCullom, Representative Keith Ellison, and Minnesota Senators Al Franken and Minnesota Senator Amy Klobuchar.

Professor Erlinder is a professor of law at the William Mitchell College of Law. He is a frequent litigator and consultant, often pro bono, in cases involving the death penalty, civil rights, claims of government and police misconduct, and criminal defense of political activists. He is also a frequent news commentator. Erlinder was president of the National Lawyers Guild from 1993-1997, and is a current board member of the NLG Foundation. He has been a defense attorney at the UN International Criminal Tribunal for Rwanda since 2003.
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The National Lawyers Guild is dedicated to the need for basic and progressive change in the structure of our political and economic system. Through its members--lawyers, law students, jailhouse lawyers and legal workers united in chapters and committees--the Guild works locally, nationally and internationally as an effective political and social force in the service of the people.
National Lawyers Guild (NLG) Links:

Arrestation du docteur Rwamucyo : Le harcèlement moral et politico-judiciaire a atteint son comble.

(Anderlues, mercredi 26/05/2010). Arrestation du docteur Rwamucyo : Le harcèlement moral et politico-judiciaire a atteint son comble.

Nous, famille et amis du Docteur Eugène Rwamucyo, venons d’apprendre avec grande peine que mon mari et notre père bien aimé vient d’être interpellé par la police française évoquant un signalement d’Interpol émis par le régime de Kigali.

Notre papa, le Docteur Eugène Rwamucyo a toujours clamé haut et fort son innocence. Il a toujours réclamé que justice soit rendue et que la vérité soit connue de tous.

De ce fait il ne s’est jamais caché, ni de la justice internationale (TPIR), ni des autorités judiciaires des différents pays qui l’ont hébergé. Il est inadmissible de voir la brutalité avec laquelle la police française a procédé lors de son interpellation juste pour le plaisir des délateurs au service du régime criminel du dictateur Paul KAGAME. Il y a lieu de croire qu’on arrêtait un grand criminel, alors qu’il ne s’agit ni plus ni moins d’un innocent en séjour régulier sur un territoire de l’Union Européenne. La copie certifiée conforme de sa carte d’identité ci-dessus le prouve très bien.

Il est dès lors très surprenant et peinant que la police du pays des droits de l’homme l’arrête lors d’un enterrement avec une mise en scène télévisée qui laisse penser à un marchandage avec le régime de Kigali dans le cadre du sommet France-Afrique qui se déroule cette semaine à Nice et auquel le dictateur rwandais, Paul KAGAME assistera pour la première fois depuis 2007.

Il y a lieu de signaler que ces derniers jours, le Dr Eugène Rwamucyo a été victime d’un harcèlement moral particulier du procureur général de la République Rwandaise Martin Ngoga. Et ce dans le seul but de l’empêcher de s’exprimer publiquement lors d’une conférence internationale publique, organisée par les avocats de la défense du TPIR, qui s’est tenue à Bruxelles du 21 au 23 mai 2010.

(lire à ce sujet l'article du 25/05/2010 )

Tant que le juge d’instruction n’a pas rendu sa décision finale, nous demandons que notre papa, le Docteur Eugène Rwamucyo puisse comparaître libre et nous faisons confiance en la justice française pour cela. Il ne s’est jamais caché et ne se cachera jamais car il est innocent.

La Famille Rwamucyo

Anderlues (Belgique)

26/05/2010