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Friday, September 15, 2006

Rwanda: Tribunal Acquits Ex-Rukara Mayor Jean Mpambara


Rwanda: Tribunal Acquits Ex-Rukara Mayor

The New Times (Kigali)
September 12, 2006
Posted to the web September 13, 2006
James Munyaneza
Kigali

The International Criminal Tribunal for Rwanda (ICTR), yesterday acquitted a former Bourgmestre (mayor) of the former Rukara commune and jailed a top military officer in the defunct FAR forces to 25 years. The UN tribunal's Trial Chamber I absolved Jean Mpambara, of any responsibility in the killings that took place in the commune during the 1994 Rwanda Genocide, while Trial Chamber II found Lieutenant Colonel Tharcisse Muvunyi, guilty of genocide and crimes against humanity

Muvunyi is a former Commander of Ecole des Sous-officiers (ESO), a Rwandan military academy, based in the Southern province.
According to press releases from the Tribunal, Mpambara was not found guilty of genocide and extermination for his alleged involvement in attacks at three different locations in his Commune, while Muvunyi was found guilty of not preventing attacks by his soldiers on civilians.

The Chamber also held that the Prosecution had proved beyond reasonable doubt that in May 1994, Muvunyi addressed a public meeting attended by about one thousand mainly Hutu, said one of the releases.
"During his speech, Muvunyi called for the killing of Tutsis, the destruction of Tutsi property, associated Tutsis with the enemy, and denigrated Tutsi people by referring to them as snakes," the tribunal said in a statement.

"The Chamber found the accused, Tharcisse Muvunyi, guilty of direct and public incitement to commit genocide," it added.

However, the Chamber, presided over by Asoka de Silva , dismissed the charge of rape as crimes against humanity "because the witnesses called by the Prosecution attributed the rapes to soldiers of ESO yet the specific charges in the indictment referred to rapes committed by soldiers from the Ngoma camp and Interahamwe."

The Prosecution had prayed court to hold Mpambara liable for aiding and abetting crime.

"The Chamber found that the evidence did not prove beyond reasonable doubt that Mpambara ever instigated or positively assisted the attackers." it adds. His case was presided over by judge Jai Ram Reddy.

The Chamber ordered the immediate release of Mpambara, who was arrested in northern Tanzania on June 20, 2001 and charged with genocide.

Acquittal upsetting

In reaction to the verdict freeing Mbambara, both the Rwandan government and the Umbrella association of genocide survivors, Ibuka (Remember), said they were upset and astonished by the ruling.
Justice Minister Tharcise Karugarama (pictured) described the news as an "upsetting", while Ibuka Executive Secretary Benoit Kaboyi, called it a shock.

"We feel upset that we were not able to secure conviction of one of the worst perpetrators of the genocide," said the minister.

He added: "We do recognize the independence of the Tribunal and are obliged to accept its decision; but as a sovereign state, we do not agree with the verdict."

Both the minister and Kaboyi said the ruling would demoralise witnesses.

"I have talked to various survivors and they are all telling me that they distressed and demoralised. In Rukara, Mpambara is remembered in the same way (Emmanuel) Bagambiki is remembered in Cyangugu,"said Kaboyi.

Bagambiki, a former prefect of the former Cyangugu province, was also released several months ago by the tribunal, but is still wanted by Rwanda to answer rape charges which were not included in his ICTR Indictment.
"I hope the prosecution will appeal and then try to strengthen its evidence," Kaboyi said.

Mpambara had pleaded not guilty to all counts, in the trial that commenced on September 19, 2005.

Relations between the Rwandan government and ICTR are in balance following the court's alleged involvement in the controversial release of one Calixte Gakwaya, a defence counsel of one of the Accused at the Tribunal.

posted by ibihwihwiswa @ 1:33 AM

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