zondag 25 maart 2012

Hoe gaat het toch in het proces tegen Ingabire?

Ik ben inmiddels al weer meer dan twee maanden terug in Nederland. In de maanden september, oktober en november van 2011 heb ik geprobeerd om deze zaak in Rwanda een beetje te volgen. Dat viel al niet mee, maar door af en toe fysiek naar de rechtszaal te gaan lukte dat nog aardig. Nu ik terug ben in Nederland is dat veel moeilijker.

In 2011 hebben de laatste activiteiten plaatsgevonden in november. Toen zijn ook de documenten vanuit Nederland overhandigd aan de Rwandese autoriteiten. In afwachting van de vertaling van deze documenten is het proces vervolgens verdaagd.  

In december ben ik nog eens wezen kijken of er nog iets gebeurde. Maar het enige waar ik op stuitte was een lege zaal. En tot mijn verbazing stond de deur gewoon open en kon ik zo naar binnen lopen. Verwonderd heb ik zo even rondgelopen in de rechtszaal. Dat is mijn laatste fysieke contact geweest met het proces.

De kerstperiode is vervolgens gebruikt om de documenten te vertalen. Op 16 januari is het proces weer hervat, maat dat was van korte duur omdat de aanklagers meer tijd nodig hadden om de stukken uit Nederland te verwerken. De volgende afspraak zou dan vervolgens op 13 februari zijn. Op die dag is men ook bijeengekomen, maar het proces is vervolgens ook meteen weer verdaagd op verzoek van de verdediging. De verdediging had slechts enkele dagen hieraan voorafgaand de vertaalde documenten ontvangen. Men had meer tijd nodig om zich voor te bereiden.

Op 12 maart is het proces dan ook daadwerkelijk weer voortgezet. Met als hoofdbestanddeel de documenten afkomstig uit Nederland. Op 22 maart is het proces weer geschorst om op 2 april weer verder te gaan.

Deze schorsing is gebruikt om op 17 maart de aanklacht van Victoire Ingabire in behandeling te nemen. In deze aanklacht neemt ze de genocidewet op de korrel. Zij vindt dat deze niet rechtsgeldig is. Als ze gelijk zou krijgen, dan zou dat meteen schelen in de zaken waarvoor zij wordt beschuldigd. Dan valt er in ieder geval een beschuldiging voor haar weg. De uitspraak over deze rechtszaak binnen de reguliere rechtszaak wordt op 23 april verwacht.

Al met al duurt deze zaak nu inmiddels al bijna zeven maanden. Dat is een behoorlijk lange periode en het eind is nog lang niet in zicht. En hoe zal het uiteindelijk aflopen en wat voor gevolgen zal dat hebben. Ik ben ook benieuwd of Ian Edwards nog steeds haar advocaat is. Hij schijnt haar al die tijd gratis te hebben bijgestaan, maar hoe lang kan volgehouden worden als het inderdaad maanden en maanden duurt? Ik ben ook benieuwd of Nicolas uit Uganda nog steeds bij het proces is om het een en ander voor Human Rights Watch in de gaten houden. Allemaal vragen waar ik misschien in de loop van de tijd nog eens antwoord op te kunnen krijgen.

Zie ook:
http://bertinafrika.blogspot.nl/2011/09/het-proces-tegen-ingabire.html
http://bertinafrika.blogspot.nl/2011/10/vertragingen-in-het-proces-ingabire.html
http://bertinafrika.blogspot.nl/2011/10/showproces.html
http://bertinafrika.blogspot.nl/2011/11/kruisverhoor-of-niet-in-de-zaak.html
http://bertinafrika.blogspot.nl/2011/11/een-lijst-met-76-vragen-in-de-zaak.html
http://bertinafrika.blogspot.nl/2011/11/edwards-daagt-de-rechters-uit-in-de.html
http://bertinafrika.blogspot.nl/2011/12/het-proces-ingabire-ligt-weer-eens-stil.html
http://bertinafrika.blogspot.nl/2012/11/veroordeeld-tot-8-jaar-gevangenisstraf.html

En dit stond er in de lokale krant:
http://bertinafrika.blogspot.nl/2011/09/het-proces-tegen-ingabire-volgens-de.html
http://bertinafrika.blogspot.nl/2011/09/het-proces-tegen-ingabire-volgens-de_23.html
http://bertinafrika.blogspot.nl/2011/10/het-proces-volgens-de-krant-deel-3.html
http://bertinafrika.blogspot.nl/2012/03/het-proces-volgens-de-krant-deel-4.html
http://bertinafrika.blogspot.nl/2012/05/eis-levenslang-in-de-zaak-ingabire.html
http://bertinafrika.blogspot.nl/2012/11/drie-maal-uitstel-straf-lager-dan.html





zaterdag 24 maart 2012

Het proces tegen Ingabire volgens de krant – deel 4

Het proces tegen Victoire Ingabire is nog steeds lekker bezig, met horten en stoten. En soms stond over dit proces iets in The New Times. De laatste maanden vooral met berichtgeving over de documenten die in Nederland zijn verzameld. Dit is er de laatste maanden gepubliceerd.

Dutch court approves transfer of Victoire Ingabire evidence

By Charles Kwizera

The petition to block the transfer of documents incriminating Victoire Ingabire was yesterday dismissed by a Dutch court ending a long standing tug-of-war between the prosecution and Ingabire’s husband, Lin Muyizere.

Prosecution alleges that the evidence includes several documents discovered during a search of Ingabire’s residence in Holland that contain proof of her subversive activities, telephone records that indicate her past communication with militia commanders, as well as testimonies of people in The Netherlands who worked alongside the accused.

According to a note verbale sent by the Dutch Embassy to the Ministry of Foreign Affairs seen by The New Times, the court in The Hague found the objections not admissible.

“Today, the court in The Hague has passed judgment in the case of Muyizere against the State of The Netherlands on the issue of sending the evidence collected in The Netherlands to Rwanda. The judge ruled that the objections of Muyizere were not admissible,” yesterday’s note reads in part.

“This means that all legal obstacles for sending the said evidence to Rwanda have been cleared. The embassy will keep you informed about the progress with regard to further steps that are required before the actual dispatch of the material to Rwanda”.

Prosecutors had earlier accused Ingabire of attempting to sabotage the transfer process, warning that it could delay her case as the court would not go ahead without the evidence.

Ingabire and her four co-accused are currently on trial on charges of; forming an armed group, terrorism, complicity to commit terrorism, and genocide ideology, among others.

The issue of the evidence in question was first raised on September 5, when prosecution requested the court to adjourn the hearing, pending the transfer of the documents. 

Prosecution spokesperson Alain Mukurarinda, told The New Times that the legal procedures were now over but are awaiting political procedures before the transfer of the documents.

“We are not very sure when the transfer will mature, but what remains is the political operandi which we think will not take too long,” said Mukurarinda.

Alice Rulisa, the presiding judge in the case that has been going on for th last two months, had earlier ruled that the case would have to adjourn pending the transfer of the evidence.

Ingabire’s co-accused, all former senior members of the DRC-based FDLR militia – linked to the 1994 Genocide against the Tutsi – are among those who testified against her, insisting she directly worked with them when they were still members of the terrorist group prior to their arrest.

5-11-2011

 Holland hands over Ingabire evidence

By Charles Kwizera

The long awaited pieces of evidence incriminating Victoire Ingabire were at last handed over to the prosecution by the Dutch Ambassador, Frans Makken, yesterday.

In a press statement, prosecution spokesman, Alain Mukuralinda, said they received the documents after long joint efforts between the prosecution in Kigali and their counterparts in Holland.

The evidence includes several documents discovered during a search of Ingabire’s residence in Holland. Prosecution alleges that they contain proof of her subversive activities, telephone records that indicate her past communication with militia commanders. They also include testimonies of people in The Netherlands who worked alongside the accused.

The transfer comes after a protracted battle between the prosecution in the Netherlands and Ingabire’s husband, who, on several accounts, attempted to block the transfer of the documents. The Court in The Hague earlier this month threw out a legal suit and ordered that the documents be transferred to Rwanda.

Ingabire and her four co-accused are currently on trial on charges of; forming an armed group, terrorism, complicity to commit terrorism, and genocide ideology, among others.

The issue of the evidence in question was first raised on September 5, when prosecution requested the court to adjourn the hearing pending the transfer of the documents. 

Alice Rulisa, the presiding judge in the trial that has been going on for the last two months, had earlier ruled that the case would have to adjourn pending the transfer of the evidence.

Ingabire’s co-accused, all former senior members of the DRC-based FDLR militia – linked to the 1994 Genocide against the Tutsi – are among those who testified against her, insisting she directly worked with them when they were still members of the terrorist group.

15-11-2011

We have fresh evidence pinning Rusesabagina-Ngoga

By Edmund Kagire

The National Public Prosecution Authority (NPPA) has obtained new evidence implicating Paul Rusesabagina in financing terror activities.

Speaking to The New Times, Prosecutor General, Martin Ngoga said that the new evidence confirms earlier proof that the self-exiled politician has been financing the Democratic Forces for the Liberation of Rwanda (FDLR). Evidence obtained  include numerous email correspondences between Rusesabagina and  Providence Rubingisa, a Rwandan based in the United States, and top FDLR commanders discussing  plans to cause insecurity in Rwanda.

 “We  have continued to investigate Rusesabagina and have recently uncovered documents that actually reveal discussions on how to continue providing material support to FDLR, including weapons, and explicit conversations on causing insecurity in Rwanda to discredit the government of Rwanda.”

Rusesabagina has been linked to Western Union money transfers to the FDLR, which were forwarded to law enforcement agencies in the US and Belgium. Belgian Police in June questioned Rusesabagina in the presence of a rogatory committee from Rwanda.

Ngoga said that Rwanda is contemplating the next step in Belgium which may likely be initiating a process that could lead to possible prosecution in Belgium, since Rusesabagina is a Belgian national, adding that Rwanda would find no problem with that.

The US State Department lists ALIR, which changed names to FDLR, on the list of terrorist organisations and has indicated that it is “an administrative error” not to have FDLR on the list.

Some of the FDLR commanders that Rusesabagina has communicated with have since been arrested and are charged alongside terrorism suspect, Victoire Ingabire.

Last year in October, the Prosecution revealed that Rusesabagina sent funds through Western Union to two FDLR top commanders. The funds were meant for recruiting fighters for a new terrorist organization known as Coalition of Democratic forces (CDF) which would form a military wing of the FDU-Inkingi led by Ingabire.

 Ngoga said that legally, the issue isn’t about US not having the name FDLR on the list of terrorist organisations but rather the threat posed by the group, confirmed by the fact that FDLR’s top leaders of FDLR are currently on trial at the International Criminal Court in the Hague.

“There are several UN Security Council resolutions that categorise FDLR as a terrorist organisation that is being fought and must be fought by the International community.”

2-12-2011

Prosecution presents Dutch evidence against Ingabire

By Edmund Musoni


Victoire Ingabire sharing a light moment with her lawyer Gatera Gashabana as she appeared before court. The New Times / file

Evidence from the Netherlands pinning the embattled leader of FDU-Inkingi, Victoire Ingabire Umuhoza, was tabled before the Kigali High Court this morning.

However, before the evidence could be read out, Ingabire objected, requesting the presiding judge, Alice Rulisa, to give her and her team more time to review the evidence.

“I got a copy of this evidence implicating me last week… I request to be granted one month to go through the document and prepare my defence,” Ingabire told the court. The request was granted.

Ingabire faces charges of terrorism, promoting ethnic divisionism and propagating genocide ideology.

Read tomorrows issue for more details

14-2-2012

Prosecution unearths more evidence against Ingabire

By Edmund Musoni



Victoire Ingabire Umuhoza.

The prosecution has discovered new evidence from the Netherlands pinning Victoire Ingabire Umuhoza, the embattled leader of the yet-to-be-registered political party, FDU-Inkingi, who yesterday reappeared before the High Court in Kigali.

the judge granted Ingabire one month to review the evidence against her.

Before the evidence could be disclosed in court, Ingabire objected, requesting the presiding judge, Alice Rulisa, to give her more time to review the evidence.

“I got a copy of this evidence implicating me last week… I request to be granted one month to go through the document and prepare my defence,” Ingabire told court.

Ingabire faces terrorism charges with the prosecution alleging that she collaborated with senior members of the Democratic Forces for the Liberation of Rwanda (FDLR) to form a military wing known as Coalition of Defence Forces (CDF), to destabilise the country

She is also accused of promoting ethnic divisionism, propagating the genocide ideology and trivialising the 1994 Genocide against the Tutsi.

The prosecution team made up of national prosecutors Bonaventure Ruberwa and Alain Mukuralinda, said they were ready to table the evidence any time Ingabire was ready.

Following a brief session, the judge granted Ingabire one month to review the evidence against her.

However, after the court session, Ingabire’s lawyer, Gatera Gashabana, insisted that he found nothing new in the Dutch document implicating his client.

Ingabire was arrested in October 2010; she has since been accused by prosecution of delaying her trial by continuous requests for adjournment.

She is jointly accused with four former FDLR combatants; Major Vital Uwumuremyi, Colonel Tharcisse Nditurende, Lieutenant Colonel Jean Marie Karuta and Lt Colonel Noel Habiyaremye – who have all pleaded guilty.

15-2-2012

Ingabire pinned down on ties with co-accused

By Edmund Kagire

The embattled leader of FDU-Inkingi, Victoire Ingabire Umuhoza was yesterday pinned on her earlier connections with one of her co-accused Maj. Vital Uwumuremyi, despite her denying any alliances with the four men she is charged with.

As the case resumed for the second day after reopening, Ingabire, who was standing in the dock with Maj. Uwumuremyi, was put to task by the High Court Judge to explain her earlier acquaintances with the former member of the Democratic Forces for the Liberation of Rwanda (FDLR).

Ingabire together with Uwumuremyi and three others face charges of charges related to forming a terrorist organisation with the aim of causing state insecurity.

Prosecution alleges that Ingabire and the four former FDLR commanders had formed an armed group, Coalitionof Defence Forces (CDF)-an armed wing of her party, based in the DR Congo, with the aim of causing insecurity in Rwanda.

She denies the charges. The four men have however pleaded guilty and begged the court for leniency.

The High Court heard how Ingabire worked with Maj. Uwumuremyi, a former Ex-FAR and a commander before and after she arrived in the country at the beginning of 2010.

Yesterday’s proceedings were based on the evidence presented by Prosecution that Ingabire, on several occasions, met with Uwumuremyi with the aim of setting up a training program for CDF rebels.

The Prosecution further alleges that Ingabire sent funds to and met Uwumuremyi and two other former FDLR commanders; Lt. Col Tharcisse Nditurende, Lt. Col Noel Habiyambere and Jean Marie Vianney Karuta, in Kinshasa and Brazzaville, to plan their activities.

The talking point yesterday was that upon arrival, Ingabire was in close consultation with Uwumuremyi, who was responsible for securing her a house, supervise the repairs, get her a house help and even secure security guards.

Ingabire however denies any knowledge that she was dealing with Uwumuremyi, who was working for her under the alias Gaspard Kalimba.

The Judge asked Ingabire to explain how she could trust the so called Gaspard Kalimba with such vital assignments without any knowledge of who he was since the transactions he conducted on her behalf were worth over Rwf 2 million.

Uwumuremyi asked Ingabire’s defense to explain how a prospective presidential aspirant who knew what she was doing and where she was going, would entrust a stranger with the task to look for her accommodation and security.

Ingabire’s told court that she wasn’t aware that it was Uwumuremyi she was dealing with and added that most of her correspondences with Kalimba (Uwumuremyi) were by email and did not actually bother to meet him physically.

Uwumuremyi was arrested at the Rwanda-DRC border at La Corniche as he tried to sneak into the DRC where he was suspected to be conducting CDF activities. It was revealed that he tried to bribe police officers with US$50 to let him free.

Uwumuremyi was found with forged Congolese travel documents bearing the names Muhindo Muhima Dieudonné Katumba Pepe Pipiyu.

Prosecution led by the Deputy Prosecutor General, Alphonse Hitiyaremye, further argues that despite Ingabire denying knowledge of the co-accused, Uwumuremyi, who has many aliases, was one of the closest allies and aides of Ingabire, since her arrival in Rwanda.

Uwumuremyi was also one of the people who welcomed Ingabire at the airport, brought in ushers who welcomed her and even arranged meetings in several parts of the country.

He is also said to have signed the lease agreement for the house that Ingabire lived in.

The case resumed today after it was adjourned yesterday after the lawyer representing Col. Nditurende told court that he had misplaced a paper with the questions her had prepared for Ingabire’s defense.

Language issues continue to dog the case with the other four co-accused not able to express themselves fluently in French, while Ingabire’s British lawyer Iain Edwards can also not follow proceedings in Kinyarwanda.

14-3-2012

Court quizzes Ingabire on seized documents

By Edmund Kagire

As the case against Victoire Ingabire Umuhoza continued at the High Court, yesterday, documents seized from her Kigali and Dutch homes were the centre of attention.

The documents, dated between 2004 and 2006, are part of the evidence presented by Prosecution proving that Ingabire and her co-accused were allegedly planning terrorist activities.

Judges sought to ascertain the legitimacy of two documents, one seized from Ingabire’s home in Holland and another from her Kigali residence, which Prosecution allege proves Ingabire’s communication with her co-accused, as well as activities designed to create a military organisation.

The head judge, Alice Rulisa, requested Ingabire to elaborate more on some of the accusations linking her to the Democratic Forces for the Liberation of Rwanda (FDLR) and other political groupings, mainly based in Europe, and defend herself against the allegations that she wanted to form an armed wing of FDU-Inkingi, the organisation she heads.

One of the documents allegedly shows the alliances between the Europe-based groups, which eventually led to the creation of FDLR. Ingabire replied that while many groups merged, she remained the leader of the non-military political wing, while others, led by Ignace Murwanashyaka, opted for a military option.

Ingabire told the court that the groups under her leadership signed a charter in October 2006 to form one organisation, FDU-Inkingi. But a document dated February 2005 seized from her house in Holland allegedly indicates that the political groups agreed to come together and form one front.

The same document indicates that when the groups came together, they also agreed to form an armed group called Coalition of Defence Forces (CDF), as evidenced in the emails exchanged between Lt. Col Tharcisse Nditurende and Ingabire shows, countered the Prosecution.

Ingabire denied any such development, though she admitted that at one point there was communication between her and the alleged commander of CDF. She denies there was any plan to cause insecurity or secure weapons, as one of the email states.

According to the Prosecution document, CDF, which constitutes former commanders of FDLR, would recruit 500 people who would cause insecurity in Rwanda and force a political dialogue between the government and FDU-Inkingi.

Ingabire said that while she could have received emails from her co-accused, suggesting the military course, there is no evidence to prove that it was her plan or that she responded to them in the affirmative.

The Judge looked into the coalition charter and asked Ingabire what the “committee for security and defence” was charged with, to which she responded that after the 2006 coalition, there was a need to form a committee to provide security during party meetings.

Attention then shifted to a document recovered from her house in Kigali, which allegedly proves that she planned terrorist acts, but Ingabire said that the document found in her drawer was not her own publication.

“It could have been picked from the Internet or brought by someone l am not aware of,” she said.

The Judge asked Ingabire to explain how the document ended up in her house but she maintained she had no knowledge of the document.

Ingabire’s defence team argued that the document are a tract which should not be given any weight in the case.

The Prosecutor, Bonaventure Ruberwa, maintained that Ingabire should explain the documents, which show the activities some of the parties under the coalition are involved in, and stop saying that the document was useless.

“We plead with the Court to request Ingabire to stop from diverting from real issues. We have a document which has facts. She is trying to downplay it, saying that these organisations had ceased to exist by 2006. There should be evidence to that effect, not mere words,” Ruberwa said.

The case continues today.

20-3-2012