Military court adjourns Genocide suspect Seyoboka’s trial to 27th

Genocide suspect Jean-Claude Seyoboka, who was last year deported from Canada, has appealed to the Military Tribunal to maintain the advocate he has had since he was deported.

Friday, January 06, 2017
Seyoboka consults with counsel Ngirabatware at the Military Tribunal yesterday. / Nadege Imbabazi

Genocide suspect Jean-Claude Seyoboka, who was last year deported from Canada, has appealed to the Military Tribunal to maintain the advocate he has had since he was deported.

The suspect was yesterday appearing before the Nyamirambo-based tribunal, where prosecution had gone to seek extension of his remand since the 30 days given to them elapsed before they concluded investigations.

Before the prosecution could present their case, the suspect made an objection, saying it would be better for him to be represented by the lawyer who has been with him since his deportation.

This was after Seyoboka, who is assigned a pro bono lawyer by Rwanda Bar Association, was given Channy Uwimana, in place of Albert Ngirabatware, who has been his counsel.

"I request that this hearing is postponed to enable me sort out issues with my designated lawyer Shanny Uwimana, who was assigned to me pro-bono by the Bar Association.

"I think that this trial would be fair if I continue with counsel Albert Ngirabatware, who is very much conversant with the case since we started together. Uwimana came in a bit later and will be offering this service at free cost,” he told the court.

The accused argued that while his status as a suspect deported from a foreign jurisdiction entitles him to a lawyer paid by the Government, there was no need to be assigned a pro bono lawyer.

He stands accused of five counts including complicity to the 1994 Genocide against the Tutsi, direct involvement in the Genocide preparation, execution of the Genocide and rape and sexual assaults.

Prosecution, however, said Seyoboka as a deportee did not fall under the category of those extradited, saying he was only assigned a lawyer because he declared himself as an indigent.

Under a law governing the trial of suspects extradited from foreign jurisdictions, including those transferred from the former International Criminal Tribunal for Rwanda, the suspects are among others accorded a lawyer that is paid by the Government.

"These are deliberate efforts by the suspect to delay the case, all procedures were fully and keenly observed with respect to transfer of the case from Canada to Rwanda, and the bar association had designated a lawyer for him. Unless he proves that the lawyer is incompetent, we see no reason for replacement,” Capt Kayiranga Kayihura, from military prosecution, said.

After hearing submissions from both parties, the presiding judge, Maj Gerard Muhigirwa, adjourned the trial to January 27.

The tribunal also ordered the suspect to produce documents to prove that he is legally entitled to a counsel paid for by the Government, which he had earlier claimed he was in possession of.

The accused, a military officer in the former government forces (Ex-FAR) was deported to Rwanda from Canada in November last year, and was arraigned before the Nyamirambo-based court over his alleged role in the 1994 Genocide against the Tutsi.

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