Pages

Tuesday, 30 October 2012

Rwanda's Big Sham: The Political Trial And Conviction of Victoire Ingabire Umuhoza



http://www.blackstarnews.com/news/135/ARTICLE/8528/2012-10-30.html

Rwanda's Big Sham: The Political Trial And Conviction of Victoire Ingabire Umuhoza

By Nkiko Nsengimana
10-30-12


 
Victoire Ingabire Umuhoza; convicted in sham political trial



 
[Global: Africa] 

Anyone who might still doubt the unfairness and the lack of independence of the Rwandan justice system with regard to the regime of Paul Kagame, open your eyes. 

Throughout the trial of Victoire Ingabire Umuhoza, we tirelessly showed you how the High Court, by violating basic judicial procedures and evidence of innocence presented by the defense, persisted in its wanderings and declared itself competent to judge the facts all of which were unsubstantiated and were contested by the defense --the facts that apparently occurred before the law repressing them was enacted or the facts that have been committed outside the jurisdiction of the High Court.

Even the illegal acquisition of the evidential documents from the Netherlands, which were supposed to show the collaboration of Ingabire with the armed rebellion of Democratic Forces for the Liberation of Rwanda (FDLR), turned out to be a windbag. 

The Prosecution failed to provide, beyond any reasonable doubt, the evidence of guilt for Ingabire. By refusing to consider the testimonies and breaches to the judicial procedure that were presented by the defense team, and moreover, by violating the basic legal principles of non-retroactivity of criminal laws and jurisdictions, the High Court failed to interpret the law and therefore denied Ingabire the right to a fair trial.

While the Kigali regime wanted to transform the trial of Madame Victoire Ingabire into banal act of criminal law, on several occasions, it was caught in a flagrant meddling into judicial proceedings.

Indeed, the decision of April 16, 2012 by Ingabire to withdraw from the trial came in at the right moment, when in grave violation of basic judicial procedures, one of the defense witnesses, Michel Habimana, had suffered intimidation and illegal interrogations in prison, in the absence of his lawyer, and without proper authorization from the Court. The next day, when the witness returned to the Court, he reported the incident and informed the court that his cell was searched from top to bottom.

Madame Victoire Ingabire requested the Court the right to speak. In view of the extreme gravity of the above reported incident and considering the facts as obviously prescient of future obstructions to the expected testimonies from other witnesses in her defense, and keeping in mind several irregularities accumulated throughout her trial, Ingabire told the Court that she had completely lost confidence in Rwanda's judiciary and that she was permanently withdrawing from the trial. By doing so, she irrevocably proved that the Rwandan justice system was broken and that it was under the total control of the executive.

The lawsuit against the Chairperson of FDU Inkingi is politically motivated. The allegations against the Chairperson of FDU-Inkingi including, endangering the state security, divisionism, and genocide denial, have been proven to be fixtures aimed at absolutely condemning a political opponent. There is no longer any doubt: the lawsuit initiated by the Kigali regime against Ingabire is a highly political trial.

Ingabire worries the Kigali regime because of her strong commitment to reconciliation and justice for all victims and all perpetrators; the authorities are worried because of her resolute struggle against the dictatorship of General Paul Kagame. By condemning an innocent person to such a lengthy prison term solely on facts that exclusively relate to politics, the Kigali regime intends to suppress any dissenting voice and thereby keep the population in fear and submission under its totalitarian grip. At the same time, the Kigali regime has sent a clear signal to national and international public opinion that it certainly was not ready to open any political space and engage in dialogue with its political opposition.

FDU Inkingi remains strongly committed to peaceful struggle. It is now clear for FDU-Inkingi that the Kigali regime will never willingly open up the political space. After two and a half years of unsuccessful application for the registration of our party, it is now clear that President Paul Kagame will never register FDU-Inkingi. By condemning to prison term Ingabire, who had returned home with the mandate of registering FDU-Inkingi and standing in the presidential elections, the Rwandan regime has caused a major political shift which must be condemned by all national and international stakeholders including civil society and political activists that love peace and are concerned about democratic change in Rwanda.

The Kigali regime has just sentenced Madame Victoire Ingabire to prison term, but it will never reverse what she has already accomplished and the hope she now embodies. The Chairperson of FDU-Inkingi has built the path to emancipation which the Kigali regime can no longer block, neither indefinitely nor with impunity.

Even though the political party FDU-Inkingi notes once again the propensity of the Kigali regime to favor the use of force to settle political disputes, we will not let ourselves be torn apart by the Rwandan regime's secret hope of luring us into violence. Violence will never be our political choice. 

While General Kagame has shown in the past that he could tolerate any human cost to access or hold on power, for FDU-Inkingi, human damages caused by the past tragedy in Rwanda are already considerable enough so that we should all use caution not to add on new ones, because if we did human consequences would be more immeasurable. The political party FDU-Inkingi remains committed to negotiations and will continue to request them, against all odds, to ensure a peaceful transition of our country towards democracy and reconciliation. The party FDU-Inkingi hopes that General Kagame would seize such an opportunity to accept, without any restrictions, direct talks with his political opposition.

The choice is still up to President Paul Kagame. We launch a solemn appeal to all of the Rwandan people not to succumb to warmongering sirens. This would only legitimize the current regime. 
 
 
FDU-Inkingi Coordinating Committee

Dr. Nkiko Nsengimana
, Coordinator 
__._,_.___


Rwanda's Big Sham: The Political Trial And Conviction of Victoire Ingabire Umuhoza



http://www.blackstarnews.com/news/135/ARTICLE/8528/2012-10-30.html

Rwanda's Big Sham: The Political Trial And Conviction of Victoire Ingabire Umuhoza

By Nkiko Nsengimana
10-30-12


 
Victoire Ingabire Umuhoza; convicted in sham political trial



 
[Global: Africa] 

Anyone who might still doubt the unfairness and the lack of independence of the Rwandan justice system with regard to the regime of Paul Kagame, open your eyes. 

Throughout the trial of Victoire Ingabire Umuhoza, we tirelessly showed you how the High Court, by violating basic judicial procedures and evidence of innocence presented by the defense, persisted in its wanderings and declared itself competent to judge the facts all of which were unsubstantiated and were contested by the defense --the facts that apparently occurred before the law repressing them was enacted or the facts that have been committed outside the jurisdiction of the High Court.

Even the illegal acquisition of the evidential documents from the Netherlands, which were supposed to show the collaboration of Ingabire with the armed rebellion of Democratic Forces for the Liberation of Rwanda (FDLR), turned out to be a windbag. 

The Prosecution failed to provide, beyond any reasonable doubt, the evidence of guilt for Ingabire. By refusing to consider the testimonies and breaches to the judicial procedure that were presented by the defense team, and moreover, by violating the basic legal principles of non-retroactivity of criminal laws and jurisdictions, the High Court failed to interpret the law and therefore denied Ingabire the right to a fair trial.

While the Kigali regime wanted to transform the trial of Madame Victoire Ingabire into banal act of criminal law, on several occasions, it was caught in a flagrant meddling into judicial proceedings.

Indeed, the decision of April 16, 2012 by Ingabire to withdraw from the trial came in at the right moment, when in grave violation of basic judicial procedures, one of the defense witnesses, Michel Habimana, had suffered intimidation and illegal interrogations in prison, in the absence of his lawyer, and without proper authorization from the Court. The next day, when the witness returned to the Court, he reported the incident and informed the court that his cell was searched from top to bottom.

Madame Victoire Ingabire requested the Court the right to speak. In view of the extreme gravity of the above reported incident and considering the facts as obviously prescient of future obstructions to the expected testimonies from other witnesses in her defense, and keeping in mind several irregularities accumulated throughout her trial, Ingabire told the Court that she had completely lost confidence in Rwanda's judiciary and that she was permanently withdrawing from the trial. By doing so, she irrevocably proved that the Rwandan justice system was broken and that it was under the total control of the executive.

The lawsuit against the Chairperson of FDU Inkingi is politically motivated. The allegations against the Chairperson of FDU-Inkingi including, endangering the state security, divisionism, and genocide denial, have been proven to be fixtures aimed at absolutely condemning a political opponent. There is no longer any doubt: the lawsuit initiated by the Kigali regime against Ingabire is a highly political trial.

Ingabire worries the Kigali regime because of her strong commitment to reconciliation and justice for all victims and all perpetrators; the authorities are worried because of her resolute struggle against the dictatorship of General Paul Kagame. By condemning an innocent person to such a lengthy prison term solely on facts that exclusively relate to politics, the Kigali regime intends to suppress any dissenting voice and thereby keep the population in fear and submission under its totalitarian grip. At the same time, the Kigali regime has sent a clear signal to national and international public opinion that it certainly was not ready to open any political space and engage in dialogue with its political opposition.

FDU Inkingi remains strongly committed to peaceful struggle. It is now clear for FDU-Inkingi that the Kigali regime will never willingly open up the political space. After two and a half years of unsuccessful application for the registration of our party, it is now clear that President Paul Kagame will never register FDU-Inkingi. By condemning to prison term Ingabire, who had returned home with the mandate of registering FDU-Inkingi and standing in the presidential elections, the Rwandan regime has caused a major political shift which must be condemned by all national and international stakeholders including civil society and political activists that love peace and are concerned about democratic change in Rwanda.

The Kigali regime has just sentenced Madame Victoire Ingabire to prison term, but it will never reverse what she has already accomplished and the hope she now embodies. The Chairperson of FDU-Inkingi has built the path to emancipation which the Kigali regime can no longer block, neither indefinitely nor with impunity.

Even though the political party FDU-Inkingi notes once again the propensity of the Kigali regime to favor the use of force to settle political disputes, we will not let ourselves be torn apart by the Rwandan regime's secret hope of luring us into violence. Violence will never be our political choice. 

While General Kagame has shown in the past that he could tolerate any human cost to access or hold on power, for FDU-Inkingi, human damages caused by the past tragedy in Rwanda are already considerable enough so that we should all use caution not to add on new ones, because if we did human consequences would be more immeasurable. The political party FDU-Inkingi remains committed to negotiations and will continue to request them, against all odds, to ensure a peaceful transition of our country towards democracy and reconciliation. The party FDU-Inkingi hopes that General Kagame would seize such an opportunity to accept, without any restrictions, direct talks with his political opposition.

The choice is still up to President Paul Kagame. We launch a solemn appeal to all of the Rwandan people not to succumb to warmongering sirens. This would only legitimize the current regime. 
 
 
FDU-Inkingi Coordinating Committee

Dr. Nkiko Nsengimana
, Coordinator 
__._,_.___


RWANDA NATIONAL CONGRESS (RNC) CONDEMNS KAGAME'S REGIME FOR SENTENCING VICTOIRE INGABIRE TO EIGHT YEARS IN JAIL


 
http://www.facebook.com/theogene.rudasingwa?ref=ts

RWANDA NATIONAL CONGRESS (RNC) CONDEMNS KAGAME'S REGIME FOR SENTENCING VICTOIRE INGABIRE TO EIGHT YEARS IN JAIL

Today, 30/10/2012, the High Court in Kigali, Rwanda, sentenced Madame Victoire Ingabire, the President of FDU-inkingi, to eight years in jail on flimsy grounds of genocide ideology and conspiracy against government through war and terrorism. The Rwanda National Congress (RNC) condemns 
in the strongest terms this miscarriage of justice and impunity that have now become the hallmark of President Paul Kagame's dictatorial rule. The Rwanda National Congress stands with Madame Victoire Ingabire, her family, FDU-Inkingi and all the peace-and -freedom-loving Rwandan people in these difficult moments. In orchestrating the sham trial against a freedom-fighter Ingabire, President Kagame's regime has demonstrated that it has now run short of options, and will continue to operate in fear till it consumes itself out of existence. 

What is to be done?

1. Let us spend little time lamenting. All Rwandans should rise in courage, conquer fear and join the resistance against injustice. Fear is the regime's principal weapon. Once we overcome fear, Kagame's days will be numbered.

2. Hope is necessary but not a strategy to overcome dictatorial rule. Let us not sit and wait that somehow, the regime will crumble on its own. We must resist and fight with every resource we have other than weapons of war. We shall fight together, or else the regime will kill and jail us , one by one, or condemn us to eternal exile.

3. We must fight to win, and to win means ending dictatorship once and for all, and uniting all Rwandan people in freedom so that they can heal, reconcile and prosper at last. Winning calls for maximum mobilization, and smart (internally democratic and well-led) organization. We must penetrate every village, every school, every government department, every church, every RPF cells, every security organization ( formal or informal), every refugee camp, wherever a Rwandan is in jail or in jungles of Congo, in every diaspora community, and in every non-governmental organization with one message: the regime is crumbling, let us join hands to end our suffering by winning sooner than later.

4. Let us be proactive in reaching out for help from our African brothers and sisters, especially those in Uganda, Kenya, Tanzania, Burundi and the Democratic Republic of Congo, many of whom have been victims of Kagame's brutal regime. Let us tell them that Kigali's regime is dangerous to Rwandans and to all our neighbors as well, and seek their co-operation to build lasting peace, security, and stability in our region and Africa.

5. Let us be proactive on the diplomatic front, and seek the help of the international community to end President Kagame's brutality and war-mongering against Rwandan and Congolese people. To the international community we must say: it is time to get it right. The guilt of 1994 must end with a right decision to be on the side of the Rwandan people instead of investing in the bloody rule of one man, his family and a small clique drawn from one minority group. 

6. The post-Kagame era has begun, for it must grow in the womb of the rotten regime like a small plant that germinates out of the decaying seed. Nothing that Kagame does now will save his regime. He has reached a point of no return. He would rather have the whole country go on fire rather than have Rwandan save it. Each one of us must search our heart and examine what sacrifice we can give to rebuilding a broken Rwanda. That must begin here, and now, wherever a Rwandan lives or works. We must reach out to each other, and overcome the barriers of ethnicity, region, class, gender, etc. The new Rwanda must begin with each one of us, and spread to our immediate family, community, nation and the world. Our legacy must be that we are the generation that built the foundation of a free, united and prosperous Rwanda.

7. We must invest out time, money, talents and relationships in this peaceful revolution if we are to win, and win sooner than later. Rwandans must invest their resources in the future of their children and their grandchildren. Giving their money to Kagame's Agaciro Development Fund is not only a waste, since it won't stop Rwandans match forward, but dangerous since Kagame uses your money for private use, sustaining his dictatorship, killing and jailing opponents, and making war against neighbors. Let us be smart and spend our money wisely by investing it in the revolution for peace, freedom and shared prosperity.

Martin Luther King Jr once said that the arc of history is long, and that it bends towards justice. It is true for Rwanda as it is for all peoples and all time. It is our duty and patriotic obligation to use every hour, day, week, month, and year to get Victoire Ingabire, other political prisoners, and indeed all Rwandans, out of bondage and exile.

We are on the move and nothing shall stop us. We shall never give up or give in. 

We shall win!

Dr Theogene Rudasingwa
Co-ordinator, 
Rwanda National Congress
Washington DC, 20001
USA
E-mail: ngombwa@gmail.com
30 October, 2012
__._,_.___


RWANDA NATIONAL CONGRESS (RNC) CONDEMNS KAGAME'S REGIME FOR SENTENCING VICTOIRE INGABIRE TO EIGHT YEARS IN JAIL


 
http://www.facebook.com/theogene.rudasingwa?ref=ts

RWANDA NATIONAL CONGRESS (RNC) CONDEMNS KAGAME'S REGIME FOR SENTENCING VICTOIRE INGABIRE TO EIGHT YEARS IN JAIL

Today, 30/10/2012, the High Court in Kigali, Rwanda, sentenced Madame Victoire Ingabire, the President of FDU-inkingi, to eight years in jail on flimsy grounds of genocide ideology and conspiracy against government through war and terrorism. The Rwanda National Congress (RNC) condemns 
in the strongest terms this miscarriage of justice and impunity that have now become the hallmark of President Paul Kagame's dictatorial rule. The Rwanda National Congress stands with Madame Victoire Ingabire, her family, FDU-Inkingi and all the peace-and -freedom-loving Rwandan people in these difficult moments. In orchestrating the sham trial against a freedom-fighter Ingabire, President Kagame's regime has demonstrated that it has now run short of options, and will continue to operate in fear till it consumes itself out of existence. 

What is to be done?

1. Let us spend little time lamenting. All Rwandans should rise in courage, conquer fear and join the resistance against injustice. Fear is the regime's principal weapon. Once we overcome fear, Kagame's days will be numbered.

2. Hope is necessary but not a strategy to overcome dictatorial rule. Let us not sit and wait that somehow, the regime will crumble on its own. We must resist and fight with every resource we have other than weapons of war. We shall fight together, or else the regime will kill and jail us , one by one, or condemn us to eternal exile.

3. We must fight to win, and to win means ending dictatorship once and for all, and uniting all Rwandan people in freedom so that they can heal, reconcile and prosper at last. Winning calls for maximum mobilization, and smart (internally democratic and well-led) organization. We must penetrate every village, every school, every government department, every church, every RPF cells, every security organization ( formal or informal), every refugee camp, wherever a Rwandan is in jail or in jungles of Congo, in every diaspora community, and in every non-governmental organization with one message: the regime is crumbling, let us join hands to end our suffering by winning sooner than later.

4. Let us be proactive in reaching out for help from our African brothers and sisters, especially those in Uganda, Kenya, Tanzania, Burundi and the Democratic Republic of Congo, many of whom have been victims of Kagame's brutal regime. Let us tell them that Kigali's regime is dangerous to Rwandans and to all our neighbors as well, and seek their co-operation to build lasting peace, security, and stability in our region and Africa.

5. Let us be proactive on the diplomatic front, and seek the help of the international community to end President Kagame's brutality and war-mongering against Rwandan and Congolese people. To the international community we must say: it is time to get it right. The guilt of 1994 must end with a right decision to be on the side of the Rwandan people instead of investing in the bloody rule of one man, his family and a small clique drawn from one minority group. 

6. The post-Kagame era has begun, for it must grow in the womb of the rotten regime like a small plant that germinates out of the decaying seed. Nothing that Kagame does now will save his regime. He has reached a point of no return. He would rather have the whole country go on fire rather than have Rwandan save it. Each one of us must search our heart and examine what sacrifice we can give to rebuilding a broken Rwanda. That must begin here, and now, wherever a Rwandan lives or works. We must reach out to each other, and overcome the barriers of ethnicity, region, class, gender, etc. The new Rwanda must begin with each one of us, and spread to our immediate family, community, nation and the world. Our legacy must be that we are the generation that built the foundation of a free, united and prosperous Rwanda.

7. We must invest out time, money, talents and relationships in this peaceful revolution if we are to win, and win sooner than later. Rwandans must invest their resources in the future of their children and their grandchildren. Giving their money to Kagame's Agaciro Development Fund is not only a waste, since it won't stop Rwandans match forward, but dangerous since Kagame uses your money for private use, sustaining his dictatorship, killing and jailing opponents, and making war against neighbors. Let us be smart and spend our money wisely by investing it in the revolution for peace, freedom and shared prosperity.

Martin Luther King Jr once said that the arc of history is long, and that it bends towards justice. It is true for Rwanda as it is for all peoples and all time. It is our duty and patriotic obligation to use every hour, day, week, month, and year to get Victoire Ingabire, other political prisoners, and indeed all Rwandans, out of bondage and exile.

We are on the move and nothing shall stop us. We shall never give up or give in. 

We shall win!

Dr Theogene Rudasingwa
Co-ordinator, 
Rwanda National Congress
Washington DC, 20001
USA
E-mail: ngombwa@gmail.com
30 October, 2012
__._,_.___


Rwanda: Ensure appeal after unfair Ingabire trial


 
http://amnesty.org/en/for-media/press-releases/rwanda-ensure-appeal-after-unfair-ingabire-trial-2012-10-30

Press releases

30 October 2012

Rwanda: Ensure appeal after unfair Ingabire trial

Rwandan opposition leader Victoire Ingabire must get a prompt and fair appeal after being convicted in a trial that fell short of international standards, Amnesty International said today.  
Ingabire, President of the United Democratic Forces (FDU-Inkingi), was sentenced to eight years in prison on Tuesday.
"The trial was marred by the court's failure to ensure that evidence was properly tested, combined with the prosecution's disregard for due process in some instances," said Sarah Jackson, Amnesty International's Acting Deputy Africa Director. 
"Victoire Ingabire must be afforded a prompt and fair appeal."
The initial charges in the indictment against Ingabire fell into two broad categories – speech-related charges and terrorism-related charges. The speech-related charges, which were brought against Ingabire on the basis of the expression of her political views, should not have been brought before a court in the first place. 
Ingabire was today convicted of two updated charges and acquitted of four others. Amnesty International is waiting for confirmation of the precise charges and the applicable laws under which she was tried.
Ingabire was arrested in April 2010, shortly after her return to Rwanda following 16 years in exile.  She had hoped to register FDU-Inkingi to stand in the August 2010 presidential elections.
The open trial was well attended by human rights activists, journalists and diplomats.  
Despite international scrutiny, the trial was marred by various violations of due process including: non-disclosure of potentially exculpatory evidence that could have assisted Ingabire's defence, witness intimidation and interference with the right to remain silent after her notes were seized.
The initial terrorism-related charges in the indictment were based, in part, on the testimony of four men tried alongside Ingabire. The men all pleaded guilty and testified against her.
Major Vital Uwumuremyi, Lieutenant Colonel Tharcisse Nditurende, Lieutenant Colonel Noel Habyaremye, and Captain Jean Marie Vianney Karuta confessed to past involvement with the Democratic Forces for the Liberation of Rwanda (FDLR), an armed opposition group in the neighbouring Democratic Republic of Congo (DRC).  
The prosecution alleged that Ingabire worked with the co-accused men to try to form an armed opposition group, the Coalition of Defence Forces (CDF). The co-accused said that she held meetings with them in the DRC and Republic of Congo. They also alleged that Ingabire transferred money to them by Western Union through third parties.
The court did not properly test oral evidence given by the co-accused and it prevented the defence from properly cross-examining them.  
During limited questions that the court permitted the defence, it materialized that Nditurende and Habyaremye were unlawfully detained by the Rwandan military before incriminating Ingabire. They were interviewed at Camp Kami by intelligence agents without the presence of a lawyer. The court made no effort to obtain notes of these interviews which may have assisted Ingabire's defence.
The judges prevented the defence from asking questions about detention conditions in Camp Kami, including to clarify if the co-accusers' evidence had been coerced or induced.  
A key defence witness, Lieutenant Colonel Michel Habimana, who might have shed light on events at Camp Kami, was intimidated by the prosecution. He said that he had been held there at the same time as Major Vital Uwumuremyi and that the terrorism-related accusations against Ingabire were fabricated under coercion from state security.
After testifying in court, Habimana, a former FDLR spokesperson serving a life sentence for genocide, had his prison cell searched. The prosecution submitted Habimana's notes seized in the search, as evidence. They claim that the notes demonstrate that Ingabire's defence lawyer improperly prepared the witness.
Ingabire withdrew from the trial after this incident, claiming that other defence witnesses could not testify in safety and that this undermined her right to a fair trial.
"If the prosecution had doubts about the credibility of a witness, they should have asked to question him," said Jackson.
"The seizure of a witness' notes outside of the court process sends an intimidating signal to other defence witnesses."
Background 
Amnesty International's observation of the Ingabire trial focused on adherence to fair trial standards. The organization does not take a position on Ingabire's innocence or guilt on the terrorism charges.
Amnesty International appointed an independent trial monitor who was present for all but four days of the trial and compiled a detailed record of court proceedings. The organization considers that the trial fell short of complying with various fair trial standards.
The court's failure to ensure that oral evidence of Ingabire's co-accused was properly tested is particularly concerning given their unlawful detention by the Rwandan military. Amnesty International's October 2012 report, Rwanda: Shrouded in Secrecy: Illegal Detention and Torture by Military Intelligence, detailed credible allegations of torture at Camp Kami. The Rwandan authorities dismissed these allegations without investigation.
 
 
AI Index: PRE01/523/2012
__._,_.___






Rwanda: Ensure appeal after unfair Ingabire trial


 
http://amnesty.org/en/for-media/press-releases/rwanda-ensure-appeal-after-unfair-ingabire-trial-2012-10-30

Press releases

30 October 2012

Rwanda: Ensure appeal after unfair Ingabire trial

Rwandan opposition leader Victoire Ingabire must get a prompt and fair appeal after being convicted in a trial that fell short of international standards, Amnesty International said today.  
Ingabire, President of the United Democratic Forces (FDU-Inkingi), was sentenced to eight years in prison on Tuesday.
"The trial was marred by the court's failure to ensure that evidence was properly tested, combined with the prosecution's disregard for due process in some instances," said Sarah Jackson, Amnesty International's Acting Deputy Africa Director. 
"Victoire Ingabire must be afforded a prompt and fair appeal."
The initial charges in the indictment against Ingabire fell into two broad categories – speech-related charges and terrorism-related charges. The speech-related charges, which were brought against Ingabire on the basis of the expression of her political views, should not have been brought before a court in the first place. 
Ingabire was today convicted of two updated charges and acquitted of four others. Amnesty International is waiting for confirmation of the precise charges and the applicable laws under which she was tried.
Ingabire was arrested in April 2010, shortly after her return to Rwanda following 16 years in exile.  She had hoped to register FDU-Inkingi to stand in the August 2010 presidential elections.
The open trial was well attended by human rights activists, journalists and diplomats.  
Despite international scrutiny, the trial was marred by various violations of due process including: non-disclosure of potentially exculpatory evidence that could have assisted Ingabire's defence, witness intimidation and interference with the right to remain silent after her notes were seized.
The initial terrorism-related charges in the indictment were based, in part, on the testimony of four men tried alongside Ingabire. The men all pleaded guilty and testified against her.
Major Vital Uwumuremyi, Lieutenant Colonel Tharcisse Nditurende, Lieutenant Colonel Noel Habyaremye, and Captain Jean Marie Vianney Karuta confessed to past involvement with the Democratic Forces for the Liberation of Rwanda (FDLR), an armed opposition group in the neighbouring Democratic Republic of Congo (DRC).  
The prosecution alleged that Ingabire worked with the co-accused men to try to form an armed opposition group, the Coalition of Defence Forces (CDF). The co-accused said that she held meetings with them in the DRC and Republic of Congo. They also alleged that Ingabire transferred money to them by Western Union through third parties.
The court did not properly test oral evidence given by the co-accused and it prevented the defence from properly cross-examining them.  
During limited questions that the court permitted the defence, it materialized that Nditurende and Habyaremye were unlawfully detained by the Rwandan military before incriminating Ingabire. They were interviewed at Camp Kami by intelligence agents without the presence of a lawyer. The court made no effort to obtain notes of these interviews which may have assisted Ingabire's defence.
The judges prevented the defence from asking questions about detention conditions in Camp Kami, including to clarify if the co-accusers' evidence had been coerced or induced.  
A key defence witness, Lieutenant Colonel Michel Habimana, who might have shed light on events at Camp Kami, was intimidated by the prosecution. He said that he had been held there at the same time as Major Vital Uwumuremyi and that the terrorism-related accusations against Ingabire were fabricated under coercion from state security.
After testifying in court, Habimana, a former FDLR spokesperson serving a life sentence for genocide, had his prison cell searched. The prosecution submitted Habimana's notes seized in the search, as evidence. They claim that the notes demonstrate that Ingabire's defence lawyer improperly prepared the witness.
Ingabire withdrew from the trial after this incident, claiming that other defence witnesses could not testify in safety and that this undermined her right to a fair trial.
"If the prosecution had doubts about the credibility of a witness, they should have asked to question him," said Jackson.
"The seizure of a witness' notes outside of the court process sends an intimidating signal to other defence witnesses."
Background 
Amnesty International's observation of the Ingabire trial focused on adherence to fair trial standards. The organization does not take a position on Ingabire's innocence or guilt on the terrorism charges.
Amnesty International appointed an independent trial monitor who was present for all but four days of the trial and compiled a detailed record of court proceedings. The organization considers that the trial fell short of complying with various fair trial standards.
The court's failure to ensure that oral evidence of Ingabire's co-accused was properly tested is particularly concerning given their unlawful detention by the Rwandan military. Amnesty International's October 2012 report, Rwanda: Shrouded in Secrecy: Illegal Detention and Torture by Military Intelligence, detailed credible allegations of torture at Camp Kami. The Rwandan authorities dismissed these allegations without investigation.
 
 
AI Index: PRE01/523/2012
__._,_.___






Reactions to the sentencing of Rwandan opposition leader


 
http://therisingcontinent.wordpress.com/2012/10/30/reactions-to-the-sentencing-of-rwandan-opposition-leader/#more-3125

Reactions to the sentencing of Rwandan opposition leader

In Kigali today October 30, 2012 the Rwandan High Court sentenced to
eight years of jail Victoire Ingabire Umuhoza, leader of the coalition of opposition parties FDU-Inkingi. She has been remanded in prison since October 14, 2010. She has thirty days to appeal to her sentence.
On the same day as her sentencing, Kigali hosted the Seventh edition of the African Economic Conference (AEC) with the theme of "Fostering Inclusive and Sustainable Development in Africa in an Age of Global Economic Uncertainty."
The Rwandan president Paul Kagame attended the conference. It was surprising to listen to speakers stressing the issue of good governance, inclusiveness, and democratic and independent institutions, knowing that in the same city of Kigali, the most significant personality of the Rwandan political opposition to the regime had just been sentenced almost at the same time.
During the day, I scrolled twitter in the hours that followed and found the following comments from different people about the sentencing of Victoire Ingabire Umuhoza and some other related issues in the Rwandan capital Kigali.    
Lionel Kpenou-Chobli ‏@lionelchobli #Rwanda : Avec ca on est surs qu'elle est hors jeu de la succession de #Kagame. 8 ans de prison carrément. [Translation - #Rwanda: with that we are certain she is out the competition against #Kagame. Seriously 8 years of imprisonment.]
MarkLGoldberg ‏@MarkLGoldberg Creeping authoritarianism. RT @astroehlein#Rwanda opposition leader @VictoireUmuhoza jailed http://bbc.in/VB4TL1 
Presidency | Rwanda ‏@UrugwiroVillage President #Kagame#Rwanda cannot be undemocratic when empowering women, given them rights women don't have in countries that give lessons
Ruth Kang'ong'oi ‏@ckangongoi #Rwanda jails Hutu opposition leader Victoire Ingabire for 8 yrs for treason and denying genocide..same years as the guy who stole my phone.
Blair Glencorse ‏@blairglencorse Not good news for #democracy in #Africa MT @BBCWorld Opposition leader #Ingabire jailed for treason in #Rwandahttp://bbc.in/T027ii 
africamedia_cpj ‏@africamedia_CPJ Paul #Kagame talks about inclusive development. Fact: In #Rwanda, only Kagame & his supporters enjoy freedom of expression#2012AEC
Daniel Howden ‏@howden_africa #Rwanda opposition leader @VictoireUmuhoza sentenced to 8yrs for genocide Ideology & conspiracy. Jailed for running against@PaulKagame
Fred Mwasa ‏@mwasa #Rwanda High Court rules Victoire #Ingabire given only of 8yrs because she sent hand-written letter to Pres #Kagame asking for leniency
africamedia_cpj ‏@africamedia_CPJ UNDP chief Helen Clark acknowledged "transformational leadership." host #Rwanda's poor #humanrights record is elephant in room.#2012AEC
Government of Rwanda ‏@RwandaGov "Human development is at the forefront of our discussions during this conference" -Helen Clark @HelenClarkUNDP #2012AEC #Rwanda
Presidency | Rwanda ‏@UrugwiroVillage UNDP Administrator Helen Clark: #Rwanda has led the way in giving women equal opportunity #2012AEC
Vincent Harris ‏@coloredopinions #Dutch ambassador helped rig elections #Rwanda , now we have#Dutch #UNDP director @AukeLootsma promoting #Kagame on day of #Ingabire ruling
Victoire Ingabire U. ‏@VictoireUmuhoza #Rwanda 8 years for saying nothing than the #Truth! Which part of#Ingabire's speech is evidence of divisionism?http://www.theproxylake.com/2011/10/ingabire-divisionist-speech/ …
UN Development ‏@UNDP #Rwanda is an inspiration 4 many countries, looking at achievements considering its past history - @HelenClarkUNDP v@UNDP_Rwanda
Vincent Harris ‏@coloredopinions great timing of #UNDP #Rwanda to have Helen Clark shake hands with bloodsoaked criminal Paul Kagame while Victoire Ingabire gets 8 years
Armin Rosen ‏@ArminRosen @HayesBrown @CassVinograd She was facing life in prison. Kagame went easy on her, possibly out of international political concerns.
Nkunda Rwanda ‏@Rwandankunda So Kagame's is not necessarily easy on her. He wants to lock her out of the next elections! @ArminRosen @HayesBrown @CassVinograd#Rwanda
Rédaction AfriqueRNW ‏@RNWAfrique  Qui est la plus dangereuse ? La 'terroriste' Victoire #Ingabire ou ces journalistes#Rwanda http://bit.ly/HfYSxQ  [Translation – Who is the most dangerous? 'Terrorist' Victoire #Ingabire or those journalists]
RNWAfrica Without international pressure, my mother's situation would be worse #Ingabire imprisoned for 8 years #Rwanda http://bitly.com/PE9P4Q 
Nkunda Rwanda ‏@Rwandankunda Kagame had promised to "give the lady hell". He is now "leniently" using the courts to lock #Ingabire out of political life. #Rwanda
Grace Atuhaire ‏@graceseb #Ngabire charged 8 years in prison! Who believes in #Rwanda's#Justice system?
Nkunda Rwanda ‏@Rwandankunda Let's get it straight. #Ingabire is not sentenced for her views or ideologies. Her only crime is attempting to challenge #Kagame#Rwanda
Nkunda Rwanda ‏@Rwandankunda @ArminRosen My worry is that oppression in #Rwanda is so accepted as the norm that sentence of 8 years for no crime is viewed as lenient.
Baker Mayambala ‏@LeadAfricaUg Kagame had promised to "give the lady hell". He is now "leniently" using the courts to lock #Ingabire out of political life. #Rwanda
ruzibukira alex ‏@ruzibukira #Rwanda. Ingabire being handed over 8years is way below International standards. In #Germany #Hollocaust denials get max jail sentence: 14yrs
John Moore ‏@JohnFMoore RT @Rwandankunda: It is quite clear that the problems in the #DRCwill never be resolved until we reform #Rwanda's internal politics.
Roman @ubumanzi BTW,#Genocide in #Rwanda was much worse than what you saw in Hotel Rwanda. Much worse. So think again before you cry out for#Ingabire!
Deco Dieudonee @Decolanga #Ingabirejailing has been politically instigated by the @RwandaGov I hope that the lawyer representing her appeal at @ACHPR #Rwanda
Members of her political party I spoke to after the sentencing say that overall the punishment is no more than a political act from the Rwandan regime, act that falls in the general strategy of keeping out personalities from the opposition from challenging Paul Kagame's authority. FDU-Inkingi is calling all Rwandans to be  more mobilised and determined towards peaceful political change in their country.
__._,_.___






READ MORE RECENT NEWS AND OPINIONS

Popular Posts

“The hate of men will pass, and dictators die, and the power they took from the people will return to the people. And so long as men die, liberty will never perish.”

“I have loved justice and hated iniquity: therefore I die in exile.

“The price good men pay for indifference to public affairs is to be ruled by evil men.”

“When the white man came we had the land and they had the bibles; now they have the land and we have the bibles.”