Wednesday 31 October 2012

When Rwandans risk their lives every day to tell untold stories: Ingabire Sentenced to Eight (8) Years, but have they sentenced her Ideas? Human rights watch very critical of sentence



FIRST READ:

Mysterious deaths during Kagame’s Rwanda : Theogene Turatsinze the Managing Director of the Rwanda Development Bank from 2005-2007 dies mysteriously




Ingabire was arrested 2010, and her chances to stand for the President faded in air. On her arrival from Netherlands, Ingabire challenged the existence of Tutsi Memorial sites saying Hutu members were not remembered. (http://greatlakesvoice.com/breaking-opposition-figure-ingabire-victoire-given-8yrs-in-prison/

 

The Untold Stories: Ingabire Sentenced to Eight (8) Years, but have they sentenced her Ideas?



 October 31, 2012 By Rwema IT Webmaster

The leader of Inkingi an opposition party in Rwanda Ingabire Victoire Umuhoza has been sentenced by the Rwandan High Court to Eight Years for her political beliefs in which she says that Rwanda should not be under one party state. Many people anticipated the sentence but what was not anticipated is the years of the sentence given to her while her co accused have almost been given a mockery sentence. These gentlemen were just planted there by RPF machinery just to convict Ingabire. And don’t be surprised if after the court these guys will be on Kigali streets celebrating with their masters and sharing a pint of beer.


Could you imagine how RPF machinery used Pastor Noel to destroy Bernard Ntaganda who was consequently sentenced to 4 years just because he wanted to organize his party for an assembly which actually is a fundamental right in our constitution, un fortunately Pastor Noel his political life was short and was replaced by Madam Mukabunani who at an appropriate time will be also replaced.


Why then Ingabire sentenced to 8 years when the prosecution asked life?

RPF is good at these games, first of all Ingabire had nothing to answer as far as the accusations are concerned. But RPF is scared for a strong opposition despite boasting 25 years of their existence. In fact RPF has no support at all in the village level and in the cities. Their policies are so ugly that many people are fade up waiting for the Messiah.
Imagine that all the businesses from selling charcoal to construction of City Tower buildings is controlled by RPF or its proxies, the masses have been eliminated from not only small business but have been pushed to the cliff without mercy. Just to illustrate my point, a lady who is selling bananas on a small basket or avocado will be chased by the local defence and the police bundled in the pickup in the name of keeping the City clean. What a hypocrisy of the RPF elite who drive expensive cars, eating luxury food, from SIMBA, and Nakumart.!

 Poor Rwandans; desperate, impoverished, betrayed and terribly afraid 

They have sold all the prime land in City to themselves without paying a single penny to the national treasury; they have also taken private property in the name of developing the City without proper expropriation of the owners. The RPF regime has muzzled all the opposition political parties save those which are their branches in the name of PSD, PDI, just to mention a few. The mono cropping of maize or any other crop which RPF will use in its industries without care whether it will benefit the common person, These are some of the injustices this lady Ingabire was talking about.


Will her Ideas just fade because she has been sentenced?

The African National Congress of South Africa was a party that was built on Ideas of equality in the same way as Inkingi, and Rwanda National Congress, therefore sentencing, its leaders like Ingabire for 8 years, Kayumba Nyamwasa for 20 years or Theogene Rudasingwa respectively in absentia, just to mention a few will not solve the fundamental problem, because the fundamental problem is justice for all regardless of race, sex, religion, regional background etc. RPF regime should address these issues and arrest them, rather than arresting the leaders of these political parties. This was exactly what the former Rwandan King, MUTARA II RUDAHIGWA said, “why should kill Gitera without killing the ikimutera”


Nelson Mandela Madiba, the ANC and South African hero and icon, said “There is no easy walk to freedom anywhere, and many of us will have to pass through the valley of the shadow of death again and again before we reach the mountaintop of our desires”
The Burmese icon lady Aung San Suu Kyi who sacrificed her life for the freedom of her country and country citizen has started reaping the fruits of her struggle after she has been under House arrest for 15 of the past 21 years, on different occasions, since she began her political career, during which time she was prevented from meeting her party supporters and international visitors. But recently she was released from prison and she was elected as a member of the parliament in his country.


Indeed, if Rwanda will be free from the talons of the most powerful monster of the RPF regime, we need ladies and gentlemen of the charisma of Ingabire, Ntaganda, Deo Mushayidi, Ntakirutinka, those who were murdered like Andrew Rwisereka Kagwa and others who have stood in the way of the monster and said no, we want freedom.

When the RPF invaded Rwanda in 1990, and unfortunately our heroes like Gen Fred Rwigema and his colleagues died immedaitely at the initial start of the war, the Habyarimana government rejoiced and all the soldiers celebrated the death of the RPF leaders, but little did they know that the fire had been lit and the ideas and ideology of the reasons had not been killed.


For those who are Christians, the bible says that do not be afraid for those who kill the fresh, Matthew 10:28 “Do not be afraid of those who kill the body but cannot kill the soul. Rather, be afraid of the One who can destroy both soul and body in hell”. Indeed, history has been on the side of those who are oppressed not the oppressor. Idi Amin of Uganda like President Kagame for the Eight years that he ruled Uganda, many people where picked from their offices, murdered by his notorious secret agents the Special Research Bureau of Farouk Minawa in the same way Gen Jack Nziza kills whoever his boss tells him to exterminate.

 Elite Rwandans who are in bed with Kagame

The Archbishop Janan Luwum was murdered in 1977, the CHIEF JUSTICE Ben Kiwanuka was murdered in 1972 in fact he was picked from the chambers of the Uganda High Court, the list is endless, but the days of Id Amin and the power he had came to an end and of course with those who were surrounding him. I’m told that these guys were picked like grasshoppers from their hiding places after the fall of the murderer Id Amin, one by one was answering for the crimes against humanity, while Id Amin was in Saudi Arabia eating chicken from the Saudi Royal family.


This a message to my country men who are used by Kagame, these guys like Tinka Faustin who has been used by the regime to kill an innocent Rwandan Theogene Turatsinze, who was the Director of the Rwanda Development Bank for greed and selfishness of those who robbed the above bank. Gen Jack Nziza who has murdered every living soul that his boss thinks has different views from his; will one day individually answer for these crimes?


There’re is no doubt that Ingabire’s dream is like that of Martin Luther King and has been demonstrated in what will go down in history for freedom in our nation. But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity in our country. And so, Ingabire and others have cashed the check of freedom, a check that will give us upon demand the riches of freedom and the security of justice may be not in our life time but the foundation stone for the freedom of our generation to come has been launched.

Jacqueline Umurungi
Brussels


Rwanda: Eight-Year Sentence for Opposition Leader



Victoire Ingabire Found Guilty of Two Charges in Flawed Trial

(Nairobi) – The guilty verdict on October 30, 2012, in the case of opposition party leader Victoire Ingabire is the culmination of a flawed trial that included politically motivated charges. The High Court in Kigali found her guilty of conspiracy to undermine the established government and denying the genocide, and sentenced her to eight years in prison.


Ingabire, president of the FDU-Inkingi opposition party, was arrested in the capital, Kigali, on October 14, 2010. She was charged with six offenses. Three were linked to “terrorist acts” – creating an armed group, complicity in terrorist acts, and complicity in endangering the state through terrorism and armed violence. The remaining three − “genocide ideology,” divisionism, and spreading rumors intended to incite the public to rise up against the state − were linked to her public criticism of the government in the period before the 2010 presidential elections. In its judgment, the court changed two of these charges and acquitted her of four others.


“The prosecution of Ingabire for “genocide ideology” and divisionism illustrates the Rwandan government’s unwillingness to tolerate criticism and to accept the role of opposition parties in a democratic society,” said Daniel Bekele, Africa director at Human Rights Watch. “The courts should not be used for such political purposes.”


Human Rights Watch cannot comment on the veracity of the charges relating to Ingabire’s alleged collaboration with armed groups, but is concerned that some of the evidence used to convict her appears to be unreliable.


The trial, which began in September 2011 and closed on April 25, was complex and marred by setbacks and delays. Ingabire, who pleaded not guilty, was tried alongside four co-defendants − Vital Uwumuremyi, Jean-Marie Vianney Karuta, Tharcisse Nditurende, and Noel Habiyaremye − who implicated her in alleged collaboration with armed groups.


All four pleaded guilty to charges of belonging to a terrorist movement, participating in terrorist acts, and creating an armed group. Uwumuremyi was sentenced to four years and six  months in prison,  Nditurende and Habiyaremye to three years and six months each, and Karuta to two years and seven months. All four are former members of the Democratic Forces for the Liberation of Rwanda (FDLR), an armed group operating in eastern Congo that consists in part of individuals who took part in the 1994 genocide in Rwanda. The FDLR has committed numerous atrocities against civilians in eastern Congo in recent years.


Ingabire was accused of collaborating with the FDLR and planning to form a new armed group, the Coalition of Democratic Forces (CDF).


“Several factors lead us to conclude that Ingabire did not receive a fair trial,” Bekele said. “These include the politically motivated charges, such as “genocide ideology,” doubts about the reliability of some of the evidence, senior government officials’ public statements before the trial about Ingabire’s guilt, and broader concerns about the lack of independence of the Rwandan judiciary in politicized cases.”


Possible Coercion in Military Custody and Witness Intimidation

During the trial, it emerged that three of Ingabire’s co-defendants had been detained at Camp Kami, a military camp. A witness for the defense cast doubt on the reliability of the testimony of at least one of them, raising questions about their detention conditions and the possibility of coercion.


Independently of its research into this trial, Human Rights Watch has received information that other detainees in military custody, including at Camp Kami, have been put under intense pressure, and in some cases tortured, to extract confessions. Some alleged that they were ordered to incriminate Ingabire and other government opponents, even though their cases were unrelated.


During Ingabire’s trial, a witness called by the defense undermined the credibility of testimony against Ingabire by Uwumuremyi, one of the co-defendants. The witness, Michel Habimana, said that he and Uwumuremyi had been detained together in Camp Kami in 2009. He claimed that Uwumuremyi was induced to incriminate Ingabire and had admitted to Habimana he did not even know her. Habimana said that Uwumuremyi had once asked him to collaborate with the intelligence services too to incriminate Ingabire, but that Habimana had refused. The court did not discount Uwumuremyi’s evidence, however.


Habimana, also known as Edmond Ngarambe, is a former spokesman for the FDLR and is serving a prison sentence in Kigali on genocide-related charges. After he testified in court, he was subjected to intimidation. Prison authorities searched his prison cell on the orders of the prosecution. Habimana told the court that all his personal documents were seized, including notes he had prepared for his court statement. In court the prosecution confirmed the search by producing the notes. In a highly unusual procedure, Habimana was also questioned out of court by prison authorities, without a lawyer.


Two of the other co-defendants, Nditurende and Habiyaremye, revealed in court that they too had been detained for several months incommunicado at Camp Kami. Nditurende stated that he had been questioned several times by people he believed were intelligence agents, without access to a lawyer.


Political Bias in the Justice System

The atmosphere surrounding Ingabire’s trial was politically charged long before her first court appearance. From early 2010 − several months before Ingabire was arrested − senior Rwandan government officials, including President Paul Kagame, publicly undermined the presumption of innocence, using language that strongly indicated their belief that Ingabire was guilty.


For example, Foreign Affairs Minister Louise Mushikiwabo told The Independent newspaper on August 7, 2010: “She is a criminal… She is bad news, she is connected to the FDLR and terrorist groups and she has a criminal history” and told The East African on May 3, 2010: “There is no place for people like Ingabire in Rwanda. Not now and not in many years.”On June 30, 2010, Local Government Minister James Musoni was quoted by the Rwanda News Agency as saying: “Ingabire is like the advance party of the FDLR.”


Such comments were amplified in pro-government newspapers, in particular The New Times, which published numerous articles extremely hostile to Ingabire, particularly in the months leading up to the 2010 presidential elections.


“The odds were stacked up against Ingabire before any evidence had been produced,” Bekele said. “In these circumstances, it was highly unlikely she would receive a fair trial.”


Human Rights Watch noted that the Rwandan justice system has undergone positive reforms, but said that these have been undermined by the politicization of the judiciary. The Rwandan justice system lacks independence, and judges, prosecutors, and witnesses remain vulnerable to pressure from the government, especially in cases involving opponents and critics.


Crushing Dissent
The 2008 genocide ideology law, under which Ingabire was charged, has been used as a tool to silence criticism of the government. The definition of “genocide ideology” is very broad and imprecise, leaving the law open to abuse. People such as Ingabire who have spoken out about crimes committed by the ruling Rwandan Patriotic Front (RPF) against Hutu civilians since 1994 have been particularly vulnerable to accusations of “genocide ideology.” Ingabire challenged the constitutionality of the accusation of genocide ideology but on October 18, the Supreme Court ruled that her challenge was unfounded.

Initial reports indicate that in its judgment on October 30, the High Court did not convict Ingabire for genocide ideology but for genocide denial under a 2003 law.


“The Rwandan government has a legitimate responsibility to prevent the kind of hate speech and incitement to ethnic violence that led to the genocide in 1994,” Bekele said. “However, the responsibility to prevent violence should not be used as an excuse for stifling criticism or prohibiting discussion of certain events − nor should it be invoked as a pretext for delaying democratic reforms.”
In 2010, the Rwandan government embarked on a revision of the genocide ideology law. An amended version was approved by the Council of Ministers on June 27 and is currently before Parliament.


Human Rights Watch urged the government to ensure that the revised version of the “genocide ideology” law guards against abusive prosecutions and the criminalization of speech that lacks the intent and effect of provoking violence.


Preventing Political Pluralism

Freedom of expression and association are severely restricted in Rwanda. Two years after presidential elections in which Kagame was re-elected with more than 93 percent of the vote, Rwanda effectively still has no functioning opposition parties. The RPF dominates the political scene and faces no meaningful challenge from other parties represented in parliament.


The FDU-Inkingi has not been able to register as a political party, despite several attempts before the 2010 elections. It has been further weakened since Ingabire’s arrest and, like other opposition parties, is now barely able to function in Rwanda.


Several other members of the FDU-Inkingi have been threatened, arrested, and detained, and some prosecuted. In September, eight members of the FDU-Inkingi were arrested in Kibuye, in western Rwanda, and accused of  holding illegal meetings. They were charged with inciting insurrection or trouble among the population. They remain in preventive detention. On September 8, Sylvain Sibomana, secretary general of the FDU-Inkingi, and Martin Ntavuka, FDU-Inkingi representative for Kigali, were detained overnight by the police near Gitarama, after making critical comments about government policies during an informal conversation on a bus. The police reproached them for being too critical of government policies and claimed their party was holding illegal meetings. They were released the following day without charge. In April 2011 two FDU-Inkingi members, Anastase Hagabimana and Norbert Manirafasha, were arrested in connection with a draft statement by their party criticizing an increase in the cost of living in Rwanda. Manirafasha spent two weeks in prison and Hagabimana four months.

Other opposition parties have had similar treatment. Bernard Ntaganda, founding president of the PS-Imberakuri party, is in prison for expressing his views and criticizing the government. He was arrested on June 24, 2010, just weeks before the presidential elections, and charged with endangering national security, “divisionism,” and attempting to organize demonstrations without authorization. On February 11, 2011, he was found guilty and sentenced to four years in prison – a sentence confirmed by the Supreme Court on April 27, 2012.


Two other PS-Imberakuri members, Sylver Mwizerwa and Donatien Mukeshimana, were sentenced in August 2010 to three years and two years respectively for “rebellion” and destruction of property, allegedly for breaking into the PS-Imberakuri office after the landlord had reclaimed it. Mukeshimana was released in August after serving his sentence; Mwizerwa remains in prison.


Other members of the party have been repeatedly harassed, threatened, and intimidated, and questioned repeatedly by the police in connection with their political activities. On September 5, Alexis Bakunzibake, vice-president of the PS-Imberakuri, was abducted by armed men in Kigali, blindfolded and detained overnight in a location he could not identify. His abductors questioned him about the PS-Imberakuri’s activities, its membership and funding, and its alleged links with other opposition groups. They tried to persuade him to abandon his party activities, then covered his eyes again, drove him to an undisclosed location, and dumped him across the border in Uganda.


A third opposition party, the Democratic Green Party of Rwanda, has been severely affected by the murder of its vice president in July 2010 and the subsequent decision by its president, Frank Habineza, to flee the country. Like the FDU-Inkingi, the Democratic Green Party has been unable to register in Rwanda, due to a succession of administrative and other obstacles by local and national authorities. In September, Habineza returned to Rwanda to try to register the party once again with a view to participating in the 2013 parliamentary elections.


Targeting Journalists

Journalists and other critics have also been prosecuted in connection with the expression of critical views. In August, Stanley Gatera, editor of the newspaper Umusingi, was arrested in connection with an opinion article published in his newspaper about marital stability and the alleged problems posed − in the author’s view − by the supposed allure of Tutsi women. He was charged with discrimination and sectarianism and tried in October. He remains in prison awaiting the court’s judgment.


In April, Epaphrodite Habarugira, a radio announcer at Radio Huguka, was arrested and charged with “genocide ideology” after apparently making a mistake when reading a news broadcast and accidentally mixing up terms when referring to survivors of the genocide. He spent three months in prison before being acquitted and released in July. The state prosecutor has appealed his acquittal.


Agnès Uwimana and Saidati Mukakibibi, of the newspaper Umurabyo, are both in prison after being sentenced in February 2011 to 17 and 7 years respectively in connection with articles viewed as critical of the government and Kagame. On appeal, the Supreme Court on April 5 reduced their sentences to four and three years respectively. It upheld charges of endangering national security against both women, and a charge of defamation against Uwimana, the newspaper’s editor. It dropped charges of minimization of the 1994 genocide and divisionism against Uwimana.




Rwanda: Two journalists appeal to the African Court

http://greatlakesvoice.com/rwandatwo-journalists-appeal-to-the-african-court/

By editor On 14 Oct, 2012 At 11:17 PM



RWANDA-Two Rwandan journalists has filed a complaint before the African Commission on Human and Peoples’ Rights, Great Lakes Voice has independently established.

Agnes Uwimana-Nkusi and Saidati Mukakibibi, who wrote for the private bimonthly Umurabyo, were formerly sentenced respectively to 17 in 2011 and 7 years in prison for denying genocide, insulting the president and inciting public disorder.

The Supreme Court reviewed the sentence in April, raising the charge for genocide denial. On the offences of spreading Genocide dogma and divisionism, the Supreme Court pronounced Uwimana clean since the court did not see the intention to commit those offences

The duo were sentences to four and three respectively. But, considering themselves innocent, they have now decided to enter the African Court.

The African Commission on Human and Peoples’ Rights headquarters in Abidjan until October 22, and then should decide within days on the admissibility of the complaint filed by two Rwandan journalists.

After getting a new lawyer the duo has delegated one Nina Jansen, one of the lawyers of the two journalists to file a case in African Court. the lawyer says the two journalists had done nothing wrong only exercising their profession.




Rwanda: Police detains Umusingi editor



By editor On 1 Aug, 2012 At 01:06 PM

By Robert Mugabe


 Gatera Stanley, Editor of Umusingi

Stanley Gatera, Editor of Umusingi Newspaper has been detained at Kicukiro Police station after two days of Interrogation by Police CID on grounds of arranged divisions and gender discrimination based on the opinion published in his paper.

In Late June publication Umusingi run an opinion story in love corner that Tutsi women are responsible of family breakdown. Police spokesperson, Theos Badege was not answering our call when contacted.

Jean Bosco Rushingabigwi, the chair of Rwanda editor’s forum told Great Lakes Voice that editors are trying to discuss the way-forward. “Yes, Stanley has been under interrogations for some time, we have tried to avoid his arrest and now we are going to discuss the issue as soon as possible.” Rushingabigwi said

Two journalist also who were detained have been set free temporary. Some Rwanda journalists are seen protesting against Police move. “This profession seems to be getting bitter but stay ethical and vigilant,” Fred Muvunyi, advisor at the bord of Rwanda journalist association (ARJ) said.

“The use of divisionism laws is now a major threat to the existence of free media in Rwanda. The media does not understand why police continue to detain journalists when it is impossible to prove criminal intent in courts of law. The supreme court has already set a precedent in this regard.” Gonzague Muganwa, the independent journalist said

A meeting of a group of journalist is to take place at 0400hrs local time to discuss the way-forward.




Is Ingabire jailing the death of the ‘voice of dissent’ in Rwanda?


By By Edmund Kagire

Posted  Tuesday, November 6  2012 at  10:15

By Edmund Kagire
The jailing of politician Victoire Umuhoza Ingabire, who was seen as the “last standing real opposition member”, has raised concerns that the Rwandan government is stifling democracy.
The High Court in Kigali last week handed Ms Ingabire, the head of the yet-to-be registered Union Democratic Forces-FDU Inkingi, eight years in jail after finding her guilty of complicity in treason and genocide ideology.

The sentencing followed a two-year trial in which the prosecution had sought a life imprisonment sentence.

High Court Judge Alice Rulisa, delivered the verdict in the case in which Ms Ingabire, along with four others, faced charges of terrorism, inciting citizens against the government, genocide denial and promoting the genocide ideology and ethnic divisions.
Ms Ingabire joins Bernard Ntaganda, the former leader of Parti Sociale Imberakuri, who was sentenced to four years in jail for organising an illegal assembly and inciting divisions based on ethnicity, and Deo Mushayidi, serving a life sentence on charges related to terrorism, genocide denial and treason.

Several other politicians, including former President Pasteur Bizimungu and Charles Ntakirutinka, have been imprisoned for criticising the government and later released on pardon or after serving time. Mr Bizimungu and Mr Ntakirutinka were charged under the same laws.

With Ms Ingabire’s jailing, key opposition members in Rwanda are now either in jail or living outside Rwanda, something Human Rights Watch (HRW) says confirms fears that the government is increasingly becoming intolerant to dissenting voices.

“The prosecution of Ingabire for ‘genocide ideology’ and divisionism illustrates the Rwandan government’s unwillingness to accept the role of opposition parties in a democratic society. The courts should not be used for such political purposes,” said Daniel Bekele, Africa director of HRW.

Crush dissent

The rights group accused Rwanda of using anti-genocide laws to crush dissent, with all the politicians in question charged under the same laws. It noted that the government has a duty to prevent hate speech.
“However, the responsibility to prevent violence should not be used as an excuse for stifling criticism or prohibiting discussion of certain events nor should it be invoked as a pretext for delaying democratic reforms,” said Mr Bekele.
Rwanda’s Minister of Justice Tharcisse Karugarama said the rights group was merely seeking media attention “by involving itself in matters of national interest that are entirely legal.”

Mr Karugarama, who is also the Attorney General, said, “It should be noted that it was a total of six charges and she was acquitted on four after thorough investigations and analysis of evidence.”

HRW argues that the sentencing of Ms Ingabire means that there is no functioning opposition party, with the ruling party, the Rwanda Patriotic Front (RPF) dominating the political scene without any meaningful challenge from other parties represented in parliament.

Two types of “opposition groupings” exist in Rwanda, with the one serving in a coalition with the ruling party not considered “true opposition” while the stronger ones led by Ms Ingabire have all had run-ins with the government and the law.

Ms Ingabire’s FDU-Inkingi has not been able to register as a political party, despite several attempts before the 2010 elections.
Mr Ntaganda’s PS Imberakuri split into two, with one part registered and the other remaining loyal to the detained politician.

Ms Christine Mukabunani, the leader of the registered breakaway PS Imberakuri told The East African that "opposition" does not mean to "break the laws of a country" as they are bigger than individuals or parties.

“When the actions of opposition are deemed to be against the law, it is the court to decide. Our job is to criticise the government but not to fight laws,” Ms Mukabunani, also the spokesperson of the political parties’ forum said.
'We are worried'