Friday, September 9, 2011

RWANDA: FIRST WEEK OF INGABIRE TRIAL MARRED BY INTIMIDATIONS

By Boniface Twagirimana
FDU-Inkingi
Interim Vice President


Kigali 09 September 2011

The first week of Ingabire trial has ended today at 13:00 and hearings will resume on 12 September 2011 at 08:00. The trial start has been marred by intimidation of the defense counsel of the opposition leader Victoire Ingabire, Chair of FDU-Inkingi ; humiliation of the key defendant and a display of force. The indictments and modus operandi have taken the whole week. At this stage what is clear is that the Prosecutors and their key-witnesses who are at the same time co-accused in this trial have been rehearsing the case in order to substantiate the terror allegations against the opposition leader.
At the opening of the case, the prosecutor tried to get it postponed in vain. The immunity of defense lawyers has been violated by the state police that has been thoroughly searching them until they confiscated the drinking water bottle. On 07 September 2011 after lunch break, one of Ingabire’s lawyers, Batonnier Gatera Gashabana was denied access to the Courtroom for about 30 minutes. The presiding judge backed the humiliating security inspection and stated that “it did not undermine the defendant’s defense in the event that they have not lost any documents in the process”. Ingabire’s defense team has lodged an appeal against this decision and discussed the issue with Rwandan Bar association.

Ms Ingabire was heavily escorted to the High Court in a prisoner’s uniform, shaved head and in painfully tightened handcuffs even sometimes in court. She has not been allowed to put on a dress attire of her choice. The silence of judges over those humiliations brings into question the innocence presumption principle and the level of judicial independence they really have in this trial. There are numerous claims that intelligence operatives and plain clothes policemen are harassing members of the public outside the courthouse to discourage them to follow this political trial of the regime.

The Court has arranged an unusual mineral water service to both pleading parties. In a regime where the use of poison against opponents and dissidents is common, we don’t know how much we can trust the water served to Ms. Ingabire as long as her bottle is chosen by someone else while a party colleague is not allowed to bring her own drinking water.

Last year, Judges in a Military High Court have been arrested and sacked after they ruled a “not guilty verdict” in a military case. This week Musanze District High Court Judge Jean Claudien Niyonizera was just handcuffed by policemen who arrested him on unsubstantiated allegations. The fact that the police spokesperson issued a very strong warning to judges and initiated a media lynching campaign against this high court judge is a signal that the police has the last word over justice in Rwanda. In 1997, three attackers in military uniforms opened fire as a car carrying the Supreme Court judge, Justice Vincent Nkezabaganwa, pulled into the driveway of his home killing him, his driver and a neighbour. Up to date, the government has never prosecuted this case.

Fair justice in Rwanda is just a dream.

Related PDF File:
Intimidation of Ingabire defense counsel and high risks for a new Erlinder’s case

“Don’t give up , he will never jail a whole nation” Said Ms Victoire Ingabire

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