EAC court rules that detention of Gen. Nyamwasa’s brother was unlawful

Thursday, 01 December 2011 by RNA Reporter

Kigali: The East African Court of Justice has ruled in a landmark verdict that the detention of the embattled brother of exiled ex-army chief Kayumba Nyamwasa was in breach of the region’s laws – and ordered that costs be paid, RNA can exclusively reveal.

In a ruling availed to RNA Thursday, the Court’s First Instance Division declared that the detention of Lt. Col Rugigana Ngabo by the agents of the Government of Rwanda from August 2010 to 28th January was in breach of the fundamental and operational principles of the East African Community.

Specifically, the court cited Articles 6 (d) and 7(2) of the Treaty which demands that “Partner States shall be bound by the principles of inter alia, good governance and the rule of law”.

In a case filed there in November last year, Rugigana’s older sister Plaxeda Rugumba challenged the arrest and detention without trial of her brother – as being in breach of fundamental principles of the Community as set out in the EAC Treaty.    

She faulted the EAC Secretary General, the first respondent in the case, for failing to investigate the failure of Rwanda to fulfill the obligations of the Treaty and submit its findings as required by Article 29 of the Treaty. The Secretary General in return asked court to dismiss the case - and instead allow Rwandan courts to do their work.

In the ruling which was rendered Thursday, the court also declared that, the detention of Lt. Col.  Rugigana Ngabo was unlawful for a period of five (5) months according to the Laws of Rwanda, which provide that, any person arrested shall not be detained beyond Forty eight (48) hrs before being taken to Court. 

The court also declared that the continued detention of the subject without trial in a competent court was a breach of the laws of the Republic of Rwanda. 

The news of the ruling was provided to RNA in a statement sent from the court’s communications department. The court is based in Arusha, Tanzania. 

The court ordered the Republic of Rwanda to pay the costs for the unlawful and arbitrary action to the Applicant/complainant (Plaxeda Rugumba) an elder Sister to Lt, Col Rugigana Ngabo, according to the rules of EACJ.

On the case against the EAC Secretary General, the court dismissed it completely. The court found that the Secretary General was not aware of the matter prior, therefore it would be unfair to condemn him for inaction. Hence dismissed the case against the Secretary General with no order as to costs in that regard.

Back in Rwanda, the military court marshal is proceeding with the trial of Rugigana – after it ruled that the case be heard in camera. The start of trial came following the end of the preventive detention period requested by prosecution to allow them put together evidence. 

Rugigana is charged with state terrorism. Government says the case is unrelated to General Nyamwasa – a sworn critic.