Nyarugenge Court Dismisses Rusesabagina's Appeal Against 30-day Remand

By Felly Kimenyi, New Times

October 02, 2020

Photo by Sam Ngendahimana

The Nyarugenge Intermediate Court on Friday dismissed the appeal by militia leader Paul Rusesabagina, who had challenged the decision by a lower court to remand him.

Reading the ruling, the presiding judge, Adolphe Udahemuka said that among other reasons on which he based the decision, was that Rusesabagina was a flight risk.

"The fact that Rusesabagina continues to claim that he is a Belgian citizen and not Rwandan makes this court to believe that he may flee from justice should he be released," ruled Udahemuka, who is also the court president.

Rusesabagina and his two lawyers were all present in court, while prosecution was represented by one prosecutor.

The judge added that keeping the suspect in custody will also make him easily accessible to investigators who are still putting together his file before the substantive trial..

Rusesabagina, who was brought in the country towards the end of August, faces up to 13 counts, mostly linked to atrocities committed by FLN, an armed group that was founded by a coalition called MRCD.

Rusesabagina was the president of MRCD in 2018, during which most of the atrocities were committed.

"Much as the principle in criminal procedure is that a suspect must be tried while out of custody, there are parameters under the law in which a suspect may be remanded," he said, adding that Rusesabagina meets the threshold to remain in detention.

On the issue of medical condition that was raised by the suspect to motivate his release, the judge ruled that the suspect had failed to convince the court that he was not being adequately catered for where he is detained.

Rusesabagina is currently detained at Nyarugenge Prison commonly known as Mageragere.

"The suspect himself told the court that he was adequately taken care of, that whenever the need arises, he sees medical personnel; therefore in the interest of justice, he should remain in custody," he ruled.

Like the previous court, Udahemuka ruled that there were serious reasons to suspect Rusesabagina of committing the alleged crimes, especially going by his links to FLN, the militia group that killed at least nine people during attacks in south-western Rwanda in 2018.

In making this determination, the judge said he relied on the confession by the suspect himself, who said he had given the outfit 20,000 Euros, which he sent to Callixte Nsabimana, also known as Sankara.

Nsabimana, who was the spokesperson of FLN is also in custody since last year and has requested that his trial be enjoined with that of Rusesabagina.

Rusesabagina also told the court that he regretted the crimes by FLN, and according to the judge, he never at any time disassociated himself from these atrocities, despite being the political figurehead.

"There are strong reasons by this court to believe that Rusesabagina knew about these atrocities, and yet he is not on any record condemning these acts," the judge ruled.

This decision cannot be appealed against, and speaking to journalists after the verdict, Emeline Nyembo, one of Rusesabagina's lawyers said that they were now going to brace for the substantive trial.

"Obviously, we are disappointed by the ruling but unfortunately, we cannot appeal any further," she said, adding that they will continue pushing at any given opportunity to have their client released.