In The New Times wordt het proces tegen Ingabire nog steeds op de voet gevolgd. Elke dag staat er wel een stukje in de krant.
Wat mij tegenvalt is dat er in de Nederlands media zo weinig aandacht is voor deze zaak, terwijl er toch duidelijk een Nederlandse connectie is. Alleen bij het begin van het proces op 5 september waren berichten in de Nederlandse kranten dat het proces was begonnen. En sindsdien is er een grote stilte.
Een groot contrast met de situatie in februari van dit jaar toen de Ben Knapen een bezoek bracht aan Rwanda. Toen stond er heel veel in de Nederlandse kranten over Victoire Ingabire. Met als inhoud dat de heer Knapen bij de Rwandese overheid er vooral op aan moest dringen dat Ingabire een eerlijk proces zou moeten krijgen. Waar zijn ze, nu het proces daadwerkelijk is begonnen?
Ingabire’s family gives up bid to block Dutch evidence
By Charles Kwizera
Prosecution yesterday told the High Court that an attempt by Victoire Ingabire’s family to prevent the transfer of evidence found in her home in Holland, had failed.
Ingabire and her co-accused are currently on trial on charges of forming an armed group, terrorism, complicity to commit terrorism and genocide ideology, among other cases.
Prosecutor Bonaventure Ruberwa said that the Dutch Embassy wrote informing them that the appeal had been rescinded by Ingabire’s family and that preparations to transfer the documents were underway.
“Your honour, we expect to have the evidence from Holland before the end of September, according to the letter from the embassy,” said Ruberwa.
The documents became the centre of attention at the opening of the case in substance on September 5, when prosecution requested court to adjourn the hearing pending the transfer of the documents, which had been blocked by the Ingabire family in the European country.
Prosecution alleges that the evidence includes several documents found in Ingabire’s house with proof of her subversive activities, telephone records showing communication with militia commanders and testimonies of people in Holland who worked with Ingabire to destabilise the country.
The prosecutor also requested the court that in case they go through the available evidence before the documents are obtained, they would request court to adjourn the trial due to the importance of the awaited documents.
The request met resistance from Ingabire and her counsel who argued that the documents should not stop the trial at any time because the time of transfer was not precise.
“I don’t see why this case should stop at any point of time because, from the beginning, prosecution said that they have enough evidence,” she said.
Meanwhile, on the third day of the second week into the trial, prosecution presented evidence against Ingabire for the fourth charge of Genocide ideology.
The evidence included speeches that Ingabire made in various political meetings and a book titled “Umurage w’ amateka” which was validated by her party and adopted as its official document.
Prosecution read excerpts of the book which explained how the government of Rwanda has committed genocide against the Hutu and how it had marginalised them by denying them the right to cultivate their land and to own money.
They said that all the statements and the content of the book which Ingabire acknowledges, amounts to genocide ideology.
15-9-2011
Video evidence pins Ingabire on Genocide ideology
By Charles Kwizera
On the fourth day into the second week of the trial involving Victoire Ingabire and her co-accused, prosecution presented to court video and audio material incriminating the opposition politician on the charge of Genocide ideology.
Ingabire is on trial on six charges formation of an armed group, complicity to acts of terrorism, conspiracy against the government by use of war and terrorism, inciting the masses to revolt against the government, genocide ideology and provoking divisionism.
In his presentation to the panel of judges led by Alice Rulisa, prosecutor Alphonse Hitiyaremye played a video of Ingabire’s press briefing at the Kigali Genocide Memorial.
At the memorial, she said that only one side of genocide is depicted, clearly suggesting that there was double Genocide, prosecution averred.
She said that the reconciliation process has a long way to go unless those who killed Hutus during the Genocide are punished.
"If you look at this memorial centre, it only shows one side of the Genocide committed against the Tutsi. There is another side of the Genocide committed against the Hutu because they are also in pain and asking themselves when their grievances will be settled," she is quoted as saying in the video.
The utterances, according to prosecution, are tantamount to the Genocide ideology, a crime punishable under the Rwandan laws.
“It is known internationally that the 1994 Genocide was against the Tutsi. For a person like Ingabire to suggest there was another genocide against the Hutu is clearly a way of confusing people; and it is against Rwandan laws,” said Hitiyaremye.
The prosecuting attorney further said that in several broadcasts, Ingabire does not acknowledge the Genocide and calls it a conflict between two ethnicities, which was fuelled by a ‘meaningless war waged by the RPF.’
Another video recorded at the beginning of 2008 shows the defendant addressing FDU-Inkingi partisans in which she reportedly said that the Rwandan government was using the Genocide as a political tool to silence its opponents.
Prosecution also played an audio in which Ingabire refers to the 1994 Genocide against Tutsi, “the Rwandan genocide”. She further says that she came to Rwanda to free the people from fear caused by the RPF government. She made the statements during an interview at Voice of Africa Kigali FM, a week after her arrival in Rwanda in January last year.
Prosecution also alleges that another piece of evidence that incriminates Ingabire and her party regarding her views of the genocide ideology is that among the provisions for one to be registered as a member of FDU-Inkingi is to recognise that there was Genocide among both Tutsi and Hutu.
16-9-2011
Prosecution produces more evidence against Ingabire
By Charles Kwizera
KIGALI - At the end of second week into the trial of Victoire Ingabire and four others, prosecution presented to the high court evidence of the fifth and sixth charges against the leader of the yet-to-be registered opposition party, FDU-Inkingi.
The charges whose evidence was produced yesterday include; provoking divisionism and inciting the masses to revolt against the government by spreading harmful propaganda.
Proof of the two counts mainly dwelt on a book titled “Umurage W’ amateka” loosely translated as “heritage of our history”. Prosecution alleges Ingabire acknowledges and accepts that the book was validated by her party.
The book in question was published in 2000 by members of the Rally for the Return of Refugees and Democracy in Rwanda (RDR), which was led by Ingabire and later gave birth to FDU-Inkingi. It reportedly contains divisionism and harmful propaganda.
Reading excerpts of the book, prosecutor Alphonse Hitiyaremye highlighted that it suggests that citizens rise up and fight the government which it refers to as a killer state.
“The government kills the Hutu, buries them in mass graves and turns to lie to the world that they are remains of the victims of the genocide against Tutsi,” the prosecutor quoted the book.
“Your honour, such statements show that the aim of the book that Ingabire et al validated, aims at dividing Rwandans along ethnic lines and inciting them against their government,” he said.
He further explained that the book also articulates that every Hutu in Rwanda is in bondage as they are all -labelled Interahamwe and are killed by returnee Tutsis in order to take their houses and land.
The book also explains that the properties left behind by the Hutu caused conflicts between the returnee Tutsis.
“Your honour, this is what they call the history of Rwanda. What is more shocking is that Ingabire approved the book when she was interrogated by the prosecution and never showed any remorse for its content,” said the prosecutor.
“It is clear that such statements that Ingabire and her party were spreading among Rwandans were intended to cause conflicts and divisionism.”
He said that the acts are tantamount to crimes punishable by the Rwandan laws.
The trial resumes on Monday and the defence is expected to take the flow from mid next week.
17-9-2011
Defence takes the floor in Ingabire trial
By Charles Kwizera
KIGALI - As the trial of Victoire Ingabire and her four co-accused entered into its third consecutive week, the floor was yesterday opened to the defendants.
Ingabire is accused together with former members of the Democratic Forces for the Liberation of Rwanda (FDLR) militia; Lt. Colonel Tharcisse Nditurende, Lt. Colonel Noel Habiyaremye, Capt. Jean Marie Vianney Karuta and Major Vital Uwumuremyi.
In their indictment, the prosecution separated the case into two.
The first component is where Ingabire is accused alongside the officers on charges of forming an armed group with the aim of destabilising the country, complicity in acts of terrorism and conspiracy against the government by use of war and terrorism.
The second concerns Ingabire alone in which she faces three additional charges of provoking divisionism, genocide ideology and inciting the masses to revolt against the government by spreading harmful propaganda.
The former militia members pleaded guilty from the commencement of the trial and have since begged for clemency.
At the beginning of the defence, the presiding judge, Alice Rulisa resolved that the defendants follow the order with which prosecution presented the charges.
Lt. Col. Tharcisse Nditurende was the first to enter his guilty plea for all the three charges against him and in less than fifteen minutes, he explained his role in the crimes.
“Your honour, like the prosecution presented my charge sheet, I agree with all that they said concerning my role in all the three crimes, and I ask for forgiveness because I am aware that what I did is against the law,” pleaded Nditurende.
The boldness of his plea, however, evoked protests from the prosecution bench.
“We do not accept the way the defendant has presented his plea. He should take his time and present in detail his part in the crimes for which he is seeking for forgiveness,” protested Alain Mukurarinda.
The court president reminded the defendant that the law stipulates that in case of a guilty plea, the defendant has to clearly explain his participation in the crimes.
“Your summary cannot be accepted in this court because you have to explain in detail your involvement in these crimes,” said Rulisa.
Nditurende was compelled to restate his involvement in the three crimes in detail. His presentation is expected to continue today.
20-9-2011
ERRATUM
In yesterday’s issue of The New Times, we published a story “Defence takes the floor in Ingabire trial” in which one of the defendants was identified as Lt. Colonel Noel Hitiyaremye instead of Lt. Colonel Noel Habiyaremye.
We regret any inconveniences caused.
21-9-2011
Prosecution accuses Ingabire’s defence team of delaying tactics
By Charles Kwizera
KIGALI - As the defendants in the trial of Victoire Ingabire and her four co-accused took the floor for the second day, court heard that the evidence expected from Holland was, once again, being delayed by the key defendant.
Before the defence hearing proceeded, yesterday, prosecution informed the presiding judge that the Dutch government notified them that Ingabire’s defence demanded they be shown the documents before their transfer.
The documents became the centre of contention at the opening of the substantive trial on September 5, when the prosecution requested the trial chamber to adjourn the trial, pending the transfer of the documents, which had been blocked by Ingabire’s family.
However, early last week, prosecution informed court that the family lawyers in Holland had given up on the appeal, saying that the documents would be sent before the end of this month.
According to prosecutor Alphonse Hitiyaremye, in a letter dated September 19, the Netherlands government expressed its worry that Ingabire’s defence was obstructing the transfer process.
“Your honour, though the Netherlands government is showing willingness in the justice process of this trial, Ingabire’s defence team is applying delaying tactics to the trial,” Hitiyaremye said.
“We seem to be dealing with two uncoordinated defence teams or the actions are tactics meant to delay the progress of this trial,” reiterated prosecuting attorney, Bonaventure Ruberwa.
Judge Alice Rulisa instructed the lead defense counsel, Ian Edwards, to sort out the issue with his team to ensure that the documents are transferred on time.
Prosecutor General, Martin Ngoga, explained why it was important to have the documents from Holland transferred to Court.
“It is not about the insufficiency of what we have in evidence so far, rather, the exhaustiveness of the process, one in which every available piece of evidence is put before the court and both parties given a chance to address them,” Ngoga said.
He emphasised that the standing decision by the court in Holland is that the documents must be handed over to Rwanda.
“The series of correspondences we have been exchanging with the Dutch political authorities are directed at reaching a political decision. We believe the political decision when taken will not be in contradiction with the judicial decision,” he said.
The Prosecutor General added that this belief is further re-enforced by the fact that prosecution accepted all the conditions concerning the use of the documents when they arrive.
The condition set by Holland, according to prosecution, is that the evidence in question be used strictly on the terrorism charge against Ingabire who is being tried on six charges, including promoting and harbouring of the genocide ideology.
According to Prosecution, the evidence in Holland includes files found in Ingabire’s house containing proof of her subversive activities, telephone records showing communication with the former FDLR militia commanders and testimonies of people in Holland who worked with Ingabire to destabilise the country.
Meanwhile, Lt. Col. Tharcisse Nditurende continued to present his defence before the high court yesterday. Other defendants are expected to take the floor today.
21-9-2011
Ingabire co-accused admits acts of terrorism
By Charles Kwizera
KIGALI - One of Victoire Ingabire’s co-accused, Lt. Colonel Noel Habiyaremye, took the defence floor and admitted all charges he is indicted for.
Habiyaremye is one of two former FDLR militia commanders arrested in Burundi in 2009 while canvassing for support to form a terrorist group.
The two commanders and two other officers are accused of forming an armed group, complicity to acts of terrorism and conspiracy against the government using war and terrorism.
Habiyaremye began his defense by acknowledging his involvement in planning and executing subversive activities against the government of Rwanda while he was still in the FDLR and after he quit the rebel outfit in 2007.
He went on to plead for clemency.
Unlike his counter parts who were allegedly dealing with Ingabire, Habiyaremye was planning to form another armed group on behalf of Paul Rusesabagina’s PDR-Ihumure party.
Court heard that Habiyaremye got into contact with Rusesabagina before leaving the DR Congo jungles to head for Zambia in 2007. Rusesabagina allegedly told him of his intentions to form an armed group to fight the Rwandan Government.
Habiyaremye told court that when they planned to travel to Burundi with Lt. Colonel Tharcisse Nditurende, Rusesabagina instructed him to seek advice from a Burundian General on how to form the armed group.
However, Habiyaremye said that he did not know that his counterpart had similar arrangements with another politician.
“I told him of my plans, but he never told me his,” said the defendant, who had travelled from Zambia to join his counter part at that time for the Burundi mission.
He testified that Rusesabagina sent him money through the Western Union money transfer to facilitate the mission and buy communication equipment like satellite phones to help in the recruitment of the members of his armed group.
Habiyaremye told court that Rusesabagina wanted to use the armed group to oust the Rwandan government in case they completely rejected talks with the opposition politicians.
“He told me that he was disappointed that the FDLR was just sitting idly in the Congo jungles instead of fighting,” he said.
The hearing continues today.
22-9-2011
Ingabire’s co-accused pleads guilty
By Charles Kwizera
KIGALI - The defence into the trial involving Victoire Ingabire and her four co-accused, continued yesterday for the 3rd week with Major Vital Uwumuremyi taking the floor in the High Court.
Uwumuremyi, who is also a former member of the Democratic Forces for the Liberation of Rwanda (FDLR) militia, pleaded guilty to the three counts brought against him.
The charges are; formation of an armed group, complicity to acts of terrorism and conspiracy against the government and some constitutional provisions by use of war and terrorism.
While reading Uwumuremyi’s charge sheet, prosecution told court that he was instrumental in establishing contact with Ingabire while in the jungles of the Democratic Republic of Congo (DRC). The contact was later to result into the formation of a terrorist group known as Coalition des Forces Democratique΄ (CDF) affiliated to Ingabire’s FDU-Inkingi.
Appearing before a panel of judges led by Alice Rulisa, Uwumuremyi admitted all the three charges and begged for leniency, stressing that he did it thinking that he was fulfilling his obligations as a soldier and never knew that he was working with a terrorist group.
“Your honour, before facing prosecution, it never crossed my mind how severe my actions in the FDLR and CDF were. But now that I know, I ask for clemency,” Uwumuremyi said.
He explained that he made the decision to contact Ingabire after realising that there was no future for the FDLR rebel outfit and was looking for dynamic politicians to stir their cause of fighting the Rwandan government.
Their plot to form the terrorist group was going on well with Ingabire sending money totaling to about US$7,000 before the ring leaders were arrested. The money was used to buy weapons and ammunition to arm the group.
Uwumuremyi was arrested and repatriated during the ‘Umoja Wetu’ operation, which was conducted by Rwanda Defence Forces and the Congolese army.
At that time, he was serving as Commander of a battalion that had broken away to form the terrorist group. His colleague and commander, Tharcisse Nditurende, was apprehended in Burundi. This largely dismantled the group that had just established itself.
The defendant confessed that after his repatriation and demobilisation, he resumed his communication with both Ingabire and CDF. He was arrested as he attempted to sneak back into Congo after learning that his former commander was detained in Rwanda.
Uwumuremyi’s confession will mark the end of a series of confessions by the former militias being tried in the case, before giving way to Ingabire’s defence which is likely to begin today.
23-9-2011
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