MRCD-FLN substantive trial set for January 26
Thursday, December 03, 2020

The substantive trial of 20 terror suspects linked to MRCD and its military wing FLN, is scheduled for January 26, next year, The New Times learned.

The trial will take place at the High Court Chamber for International and Cross-Border Crimes located in Nyanza district, Southern Province.

The development was confirmed by Harrison Mutabazi, the spokesperson for the judiciary. 

The group among others includes Paul Rusesabagina, the founding president of MRCD, Callixte Nsabimana who was once the spokesperson of FLN, and Herman Nsengimana who replaced him before being arrested end last year.

Nsengimana, like majority of the 20 suspects was captured in DR Congo during an offensive by the Congolese military targeting foreign militia groups using their country to destabilise neighbouring countries.

Others include Félicien Nsanzubukire (also known as Fred Irakiza), Anastase Munyaneza, and Jean-Chrétien Ndagijimana (son of the late FLN commander Laurent Ndagijimana, also known as Wilson Irategeka).

Irategeka was killed in the same offensive by the Congolese armed forces.

The group is jointly charged with criminal offences including terrorism, financing terrorism, conscription of child soldiers, kidnapping, arson, and forming terror groups, among other charges.

They are all allegedly responsible for making incursions in south western Rwanda in 2018, where at least nine people were killed, leaving many others injured.

This development follows a ruling by High Court to join all the 20 suspects in the same trial, at the request of prosecution.

Speaking to The New Times, a source from the Nyanza-based high court noted that the decision to join the cases was motivated by the fact that "they are accused of similar charges, committed at the same time, therefore joining them is in the interest of justice.”

Last month, the prosecution told The New Times that it had submitted the final indictment for 18 members of the group - including Rusesabagina - following the conclusion of investigations.

Prosecution then requested that these 18 suspects be joined by Nsabimana and Nsengimana, whose trial had already started before the same court.

Backing the move, Prosecutor General Aimable Havugiyaremye said that their request to enjoin the trial was common practice, known as the principle of connectivity of offenses, which is provided for in Rwandan laws. 

"This means that when a group of defendants is charged with the same crimes in the same place at the same time, it is in the interest of justice for court to consider the cases together.”

When contacted for a comment, Gatera Gashabana, who is the lawyer for Rusesabagina, said that he had not yet got communication from court to the effect that his client's case had been joined with the others.