Hungry for Truth, Peace and Justice

Defense lawyers excited after six Genocide acquittals

By RNA Reporter
November 19, 2009

Kigali: Government of Rwanda reacted with dismay on Monday and Tuesday as two Genocide suspects were cleared and freed, but the defense lawyers of the International Criminal Tribunal for Rwanda say there is more to come, RNA reports.

On Monday, Protais Zigiranyirazo known as “Mr. Z”, the brother-in-law of the former President Juvenal Habyarimana was freed. Barely 24hours later, the catholic priest Father Hormisdas Nsengimana – alleged to have led a “death squad” to kill his own Tutsi students, was also cleared.

The Bureau of ICTR-ADAD, the association of defense lawyers has now said in a statement that it “welcomes” the Trial Chamber Judgement acquitting another accused “in as many days”.

This week’s acquittals follow the December 2008 acquittal on “genocide conspiracy or planning” charges of Gen. Gratien Kabiligi and three senior military officers including the alleged mastermind of the mass slaughter, Colonel Theoneste Bagosora. The acquittal was published in February 2009.

Though the two cleared this week of all the allegations against them were released immediately, the above soldiers were found guilty of other aspects on their charge sheets.

“The lack of evidence of “planning or conspiracy to commit genocide” requires a complete re-examination of the undeniable wave of violence that swept Rwanda in 1994, and the end of a 4-year war which began” when President ruling RPF rebels came in from Uganda, according to ADAD.

The rebel war culminated into a massive government offensive which exploded into mass civilian violence. On April 06, 1994 - when Rwandan President Habyarimana and Burundi’s President Ntaryamira were assassinated, the mass slaughter spread.

In deciding on the accusations against the catholic priest, the three-man trial court found “insufficient factual and legal basis for concluding that Father Nsengimana was guilty of any crimes.

The French defense lawyer Emmanuel Altit has already announced the team would seek compensation for his years of unlawful incarceration. But the prosecutor has also indicated he will appeal against the release of the priest who is still in Tanzania and can be re-arrested.

ICTR Judges Møse (Norway), Sergei Egorov (Russian Federation) and Arrey (Cameroon) issued the priest’s acquittal.

Interestingly, Judges Mose and Egorov, with Judge Jai Jam Reddy (Fiji), also acquitted the senior military officers in the Military-1 case of Bagosora, Kabiligi, Ntabakuze and Nsengiyumva.

Related Materials:
ICTR-ADAD Welcomes Acquittal of Fr. Hormisdas Nsengimana on Charges of Genocide and “Genocide Planning”

ICTR: Rwanda Genocide Ruling Overturned

Rwanda: “Genocide Planning” Again Rejected at ICTR

Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?

Rwanda: Conspiracy to Commit Genocide, Important Missing Puzzle Piece

More Missing Puzzle Pieces for Inquiring Minds or Possibly Trolls

posted by Mamadou Kouyate @ 10:59 PM