18 October, 2008

Uganda joins UN Security Council.

Afrol News
18 October 2008

Uganda has been elected to occupy a non-permanent seat of UN Security Council when delegates today cast their votes to the international body's powerful for 2009-10 term.

Uganda, which was already assured of a seat from a unanimous regional backing has been joined by Japan, Turkey, Austria and Mexico.

Iran, which is under UN sanctions over its nuclear programme, and Iceland, which is on the verge of bankruptcy, were defeated in the vote on Friday, a decision that some western powers said was a lesson, especially for Iranians.

Japan received 158 votes as favourate and has already served nine terms on security council.

Among European nations, Austria and Turkey won places on council, while Iceland's bid was defeated. Iceland was considered a strong candidate, until recent global financial crisis threatened its economy and crushed its banks.

Only Uganda and Mexico ran uncontested and won seats representing Africa and Latin America respectively.

Uganda succeeds South Africa and Africa representative in the UN body.

14 October, 2008

MILITARY II TRIAL: EX-CHIEF OF GENDARMERIE WANTS TO RECALL 18 PROSECUTION WITNESSES.

Hirondelle News Agency
13 October 2008

As his trial before the International Criminal Tribunal for Rwanda (ICTR) is drawing to an end, former Chief of Staff of National Police (Gendarmerie), General Augustin Ndindiliyimana, has requested to recall to the stand 18 prosecution witnesses, reports Hirondelle Agency.

The former head of gendarmerie, who has already rested his case, in addition wants to call 12 defence witnesses. He is defended by Mr. Christopher Black (Canada) and Mr. Vincent Lurquin (Belgium)

The motion follows a decision rendered on 22 September and, in which the judges reprimanded the prosecutor, reproaching him for having kept to himself, without communicating it to the defendants, evidence which could be useful to them in their defence.

The Chamber also authorized the defence teams to ask to recall prosecution witnesses or to call additional witnesses in the light of the contents of these documents which the prosecutor received order to give to the interested parties.

“The evidence contained in the declarations recently communicated, refute all the allegations of the indictment and set aside any possibility of conviction of Ndindiliyimana,’’ wrote the lawyers in their motion posted on the website of the ICTR.

Concerning the 18 witnesses which are being asked to be recalled, the defence, which indicates not to have faith in “the integrity” of the prosecutor, insists that the latter no longer come into contact with them.

No identity was provided concerning these witnesses who are all designated in the motion by pseudonyms.

Also prosecuted in the case is the former Chief of Staff of Army, General Augustin Bizimungu, has, for his part, requested to add two witnesses to his list. The two Generals are on trial with the former commander of the Reconnaissance Battalion, Major François-Xavier Nzuwonemenye and Captain Innocent Sagahutu, who commanded a squadron of this elite unit.

NEGOTIATIONS FOR GUILTY PLEA AGREEMENT BETWEEN PROSECUTOR AND ACCUSED BAGARAGAZA FAILS.

Hirondelle News Agency
8 October 2008

The negotiations of a guilty plea agreement between the Office of Prosecutor of the International Criminal Tribunal for Rwanda (ICTR) and defendant and key witness, Michel Bagaragaza, has failed, reports Hirondelle Agency.

The prosecutor had recognized in June the existence of a draft guilty plea agreement with the accused, a close associate of the family of the former President Juvenal Habyarimana, but had refused to reveal it while waiting for it to be validated by a Chamber.

The judges had followed this reasoning by refusing two requests of disclosure of the agreement, including one from Joseph Nzirorera, former secretary general of the National Republican Movement for Democracy and Development (MRND), the former presidential party.

“Because those negotiations were ultimately unsuccessful", this heavy hitter of the Habyarimana regime requested the reconsideration of the decision, notes the Chamber, in the introduction of its new order.

The three judges before whom Nzirorera and his two co-defendants appear, consider, in the text posted on the website of the Tribunal, that the collapse of the negotiations between the prosecutor and Bagaragaza, “constitutes a new fact”. Also, they ordered the prosecutor to communicate the text “inter partes (between the parties) and confidentially”.

Prosecuted himself for his alleged role in the genocide, Bagaragaza, 54, head of the tea company in Rwanda in 1994, is, in particular, accused of having contributed to create, finance, train, and arm the Interahamwe.

The former economic official, who feared for his safety after having testified against other ICTR defendants, had been detained in The Hague, Netherlands, since his arrest in 2005 until his transfer to the ICTR in May, after the cancellation of the transfer of his case to Dutch courts.

A first motion aiming at transferring him to Norway was rejected by the ICTR judges. The prosecutor had then turned to The Netherlands which had agreed to try the case.

But the transfer to the Scandinavian kingdom was cancelled in August 2007 by the ICTR judges, on request of the prosecutor himself who feared that Dutch courts who declared that they did not have jurisdiction.

UN APPEALS COURT UHOLDS DECISION TO KEEP TRIAL OUT OF RWANDA.

Hirondelle News Agency
9 October 2008

The Appeals Court of International Criminal Tribunal for Rwanda (ICTR) has upheld decision of the Lower Court to deny Prosecutor’s request to transfer genocide accused former businessman, 73-year-old Yusuf Munyakazi, to stand a trial in Kigali as part of the UN Court’s completion strategy.

In a decision rendered on 8 October, the Presiding Judge Fausto Pocar dismissed three of the four grounds of the prosecution’s appeal in its 20-page ruling, reports Hirondelle Agency.

“The Appeals Chamber has granted ground two of the appeal, finding that the Trial Chamber erred in holding that Rwanda does not respect the independence of the judiciary and that the composition of the courts in Rwanda does not accord with the right to be tried by and independent tribunal and the right to a fair trial.,’’ he stated.

However, the Upper Court, he said, has dismissed the remaining grounds of appeals, which relate to fundamental matters concerning whether Munyakazi’s right to obtain the attendance of, and to examine, Defence witnesses under the same conditions as witnesses called by the Prosecution, can be guaranteed at this time in Rwanda and whether the penalty structure in Rwanda was adequate for the purposes of transfer under Rule 11 bis of the Rules.

He added:” Despite granting ground two of the Appeal, the Appeals Chamber finds that the Trial Chamber did not err in denying the Prosecution’s request to refer Munyakazi’s case to Rwanda”.

The lower chamber in its decision in May, this year, ruled that they were not convinced that the accused would get a fair trial in Kigali.

“The Chamber is not satisfied that the accused, if transferred to Rwanda at the present time, will receive a fair trial,” stated in their unanimous decision Judges Weinberg de Roca of Argentina (presiding), Lee Muthoga (Kenya) and Robert Fremr (Czech).

Kigali last year abolished the capital punishment, but the first instance judges ruled that Rwanda’s penalty structure such as life imprisonment in isolation, does not meet internationally recognized standards.

Observers consider that Appeals Chamber ruling will impact other two similar pending appeals, which are yet to be decided-- former Commander of Ngoma Camp Lieutenant Ildephonse Hategekimana and businessman Gaspard Kanyarukiga.

The transfer motions of Former Mayor Jean Baptist Gatete and former Inspector of Judicial Police, Fulgence Kaysihema, are yet to be heard before the first instance courts. The latter is still at large.

RUSIZI: DISTRICT PLAGUED BY CORRUPTION OF GACACA JUDGES.

Hirondelle News Agency
6 October 2008

“Here [Rusizi], it is often talked about corruption, injustice in the judgments” (rendered by the gacaca courts), observed François Kajiwabo, who represents in the district of Rusizi ,south-western Rwanda, IBUKA organization, main associations of genocide survivors.

“If there is neither truth, nor justice, one cannot hope for reconciliation between Rwandans’’ he added.

In this district of the West Province, almost every month are denounced cases of corruption of people with integrity sitting in these semi-traditional courts charged with trying the majority of the alleged authors of the 1994 genocide. “Nevertheless it is very difficult to have tangible evidence”, deplores Kajiwabo.

But, in certain cases, the corrupters and the corrupted are uncovered.

Thus, last month, Louis David Rwigemera, president of the gacaca appeal court of Gihundwe B was sentenced by another court of the same sector to five years in prison for corruption. However, indicated within his community as a person with integrity, Rwigemera tried to bribe judges to obtain the acquittal of his brother-in-law, Ferdinand Mwitende. The latter was finally sentenced to 19 years in prison. Rwigemera, with “false integrity”, will also have, in addition to the five years in detention, to pay a fine of 300 000 Rwandan francs (about 500 American dollars).

The Rwigemera case is seen by certain gacaca judges as a shame. “To be inyangamugayo (have integrity, in Rwandan language) moves you away from many of the lowest”, stated the elderly Delmas Munyeragwe, president of another gacaca court in Rusizi. For him, such lack of scruples adds to the suffering of the victims.

Munyeragwe is not satisfied simply with words. Last month, he denounced Jean Ngendahimana, a taxi driver who wanted to give a cheque of 150 000 Rwandan francs to him, to block the courts of justice in a trial for crimes of genocide. According to the local police, the case is under investigation with the prosecution of Rusizi.

Certain corrupters were even caught red-handed by the police force since the opening of the trials before the gacacas in 2006.

On 14 April 2004, a rich businessman from Rusizi, Emmanuel Muzungu, saw police officers emerge into a bar where he had invited some of his judges to give them a million Rwandan francs.

The latter, wanting that the businessman finish in the hands of justice, had answered to his call after having beforehand warned the police. A strategy which from now on many gacaca judges utilize, even if it is proven that certain prefer to take the money.

RUSIZI: DISTRICT PLAGUED BY CORRUPTION OF GACACA JUDGES.

Hirondelle News Agency
6 October 2008

“Here [Rusizi], it is often talked about corruption, injustice in the judgments” (rendered by the gacaca courts), observed François Kajiwabo, who represents in the district of Rusizi ,south-western Rwanda, IBUKA organization, main associations of genocide survivors.

“If there is neither truth, nor justice, one cannot hope for reconciliation between Rwandans’’ he added.

In this district of the West Province, almost every month are denounced cases of corruption of people with integrity sitting in these semi-traditional courts charged with trying the majority of the alleged authors of the 1994 genocide. “Nevertheless it is very difficult to have tangible evidence”, deplores Kajiwabo.

But, in certain cases, the corrupters and the corrupted are uncovered.

Thus, last month, Louis David Rwigemera, president of the gacaca appeal court of Gihundwe B was sentenced by another court of the same sector to five years in prison for corruption. However, indicated within his community as a person with integrity, Rwigemera tried to bribe judges to obtain the acquittal of his brother-in-law, Ferdinand Mwitende. The latter was finally sentenced to 19 years in prison. Rwigemera, with “false integrity”, will also have, in addition to the five years in detention, to pay a fine of 300 000 Rwandan francs (about 500 American dollars).

The Rwigemera case is seen by certain gacaca judges as a shame. “To be inyangamugayo (have integrity, in Rwandan language) moves you away from many of the lowest”, stated the elderly Delmas Munyeragwe, president of another gacaca court in Rusizi. For him, such lack of scruples adds to the suffering of the victims.

Munyeragwe is not satisfied simply with words. Last month, he denounced Jean Ngendahimana, a taxi driver who wanted to give a cheque of 150 000 Rwandan francs to him, to block the courts of justice in a trial for crimes of genocide. According to the local police, the case is under investigation with the prosecution of Rusizi.

Certain corrupters were even caught red-handed by the police force since the opening of the trials before the gacacas in 2006.

On 14 April 2004, a rich businessman from Rusizi, Emmanuel Muzungu, saw police officers emerge into a bar where he had invited some of his judges to give them a million Rwandan francs.

The latter, wanting that the businessman finish in the hands of justice, had answered to his call after having beforehand warned the police. A strategy which from now on many gacaca judges utilize, even if it is proven that certain prefer to take the money.

MILITARY II TRIAL: MAJOR NZUWONEMEYE ON WITNESS STAND OVER HIS OWN DEFENCE.

Hirondelle News Agency
6 October 2008

On the first day of his testimony for his own defence before the International Criminal Tribunal for Rwanda (ICTR), Major François-Xavier Nzuwonemeye, stated Monday that the reconnaissance battalion, which he commanded, was tired of the war and wanted peace after the signing in August 1993 of the peace accords.

These texts, the fruit of a long negotiation process done in Arusha, the same Tanzanian small town where is today headquartered the ICTR, were signed by the Rwandan government and the Rwandan Patriotic Front.

“At the reconnaissance battalion, the soldiers, of all categories, were for the application of the peace accords. They had suffered many losses of men and materials. They wished ardently that these accords would be applied as soon as possible”, stated the major.

Nzuwonemenye stressed that the men of his unit were the first to be confronted with the enemy each time hostilities broke out. “They did not want any more of this devastating war”, he said. In connection with the governmental forces, he stated that “many things had been done by 6 April 1994 (date of the assassination of President Juvenal Habyarimana) for the application of the accords”. Thus, according to him, the government had already appointed their commanding officers under the terms of the protocol on the integration of the belligerent forces.

As for the troops, he added: “we explained to them demobilization (which was going to follow for certain elements).As for my unit, I had started to prepare programs for the combatants of the RPA which was going to integrate the battalion. This work, I had entrusted to a French officer who was my adviser”. He will continue his testimony Tuesday.

Nzuwonemeye was named head of the reconnaissance battalion in November 2003.

KIVU (2): BISHOPS, “NO TO WAR AND PILLAGING OF NATURAL RESOURCES."

MISNA
13 October 2008

“A humanitarian tragedy is unfolding before our eyes and no one can remain indifferent. We ask: why this resumption of hostilities when such significant progress was achieved with the signing of the Goma Acts of Engagement? How long will our land be stained with the blood of our sons and daughters?” The National Conference of Bishops of the Democratic Republic of Congo (CENCO) intervenes firmly on the resumption of hostilities in the east and north-east of the country, “strongly condemning this ignoble way of considering war a means of resolving problems or carrying out inadmissible ambitions”.

In a message released today in Kinshasa, titled “More innocent blood in Congo!”, CENCO expresses “concern that these recurring wars in the east and north-east regions become a smoke-shield to cover-up the pillaging of natural resources. Because the battles occur where there is wealth to exploit and continues to be exploited illegally. Concern also that these wars are a, barely veiled, way to realize a balkanization plan by the creation of dwarf states. CENCO wont tire to remind that territorial integrity, the inviolability of borders and national unity of DR-Congo are not negotiable”, adds the statement. Addressing the new Prime Minister, the Bishops urge him along with his future government to “consider a priority above all others the urgent goal to totally restore peace in the country and safeguard its unity by creating a Republican army and protecting its borders and population… The population will judge its leaders on their capacity to give a pertinent and definitive response to these great challenges”.

The Bishops thank the international community for “its almost unanimous condemnation of the rebellions” and urge “effective and efficient measures to obligate the armed groups to respect commitments they have undersigned. This will dissuade any foolish ambitions against the integrity of our national territory. All powers, multinationals, the Great Lakes, all will benefit from a Congo at peace rather than a Congo at war”. CENCO concludes by reaffirming its commitment in the promotion of peace, but also its certainty that “there is no peace without justice. Impunity encourages new insurrectional ambitions. Peace is in fact not simply the absence of war, nor a balance of stability between rivals, but is founded on a correct conception of the human being and requires the building of social order based on justice and charity”.

Sudan summons Kenyan, Ethiopian envoys over arms.

Reuters
By Andrew Heavens

Editor's Note: Some sources are reporting that small arms were offloaded from the ship earlier last week under the watch of a US convoy.

Sudan summoned the Kenyan and Ethiopian ambassadors on Monday to protest against what it said were illegal shipments of arms to its semi-autonomous south, state media reported.

Khartoum was protesting over "violations" linked to an arms shipment seized by pirates off Somalia's coast that Western diplomats said was bound for south Sudan, and a plane-load of weapons from Addis Ababa, state news agency SUNA reported.

SUNA stopped short of accusing Ethiopia and Kenya of directly supplying the arms to south Sudan, which won its own government and the right to its own army in a 2005 peace deal with Khartoum that ended a two-decade civil war.

But it said that "against the backdrop" of the two shipments, the foreign ministry asked both envoys to "inform their governments of its protest at these violations".

A senior official of the south's Sudan People's Liberation Army (SPLA), speaking on condition of anonymity, denied that the south was buying any new equipment from Ethiopia, Kenya or any other country. "We don't have the resources," he told Reuters.

Khartoum's move raised the heat in a row over the shipment of 33 T-72 tanks and other weapons seized by pirates last month off Somalia that western diplomats said were secretly heading for south Sudan in possible breach of the peace agreement.

The pirates, who are still holding the cargo, said paperwork showed the tanks were heading to south Sudan through Kenya's port of Mombasa. South Sudan has denied ordering the tanks and Kenya has insisted the machines were meant for its own army.

MILITARY PLANE

Sudan's foreign ministry also protested about unspecified weapons that it said had arrived in south Sudan's capital Juba on Friday on an Ethiopian military plane, SUNA said.

Southern officials and army officers on Monday denied the weapons were part of an arms delivery and told Reuters they had been brought in as exhibits in a long-planned trade fair.

The SPLA's Lieutenant General Biar Ajang claimed that reports of an Ethiopian delivery of armaments were "confused".

"They are coming to show local products, tents, uniforms, armaments, shells ... like a shop," he said.

Ethiopia's Consul General Negash Legesse told Reuters some of the weapons had been taken to SPLA headquarters for inspection. "They are samples. Some Kalashnikovs. Some others that Ethiopia is producing," he said.

Sudan's foreign ministry said it was surprised at the shipments as both Kenya and Ethiopia had backed the 2005 peace deal that ended the civil war between north and south Sudan, SUNA said.

There are currently no global arms embargoes banning south Sudan from buying arms or supplying the SPLA, but the terms of the 2005 Comprehensive Peace Agreement ban both the north and the south from building up arms without the approval of a north-south Joint Military Board.

(Additional reporting by Skye Wheeler in Juba, editing by Mark Trevelyan)

12 October, 2008

New Book on Kibeho Massacre Released.

 
Locations of visitors to this page Web Page Design