The appeal of the FLN-MRCD terror case resumes on Monday, January 24, as the prosecutors present the details regarding what they are protesting against as far as the convicts’ penalties are concerned.
The High Court Chamber for International and Cross Border Crimes (HCCICC) which handled the case at first instance level handed the convicts jail terms ranging from 3 to 25 years.
The prosecutors argued that this was not enough, and made it one of the key points that compelled them to file an appeal.
Last week, the case-hearing started at the Court of Appeal in Kigali.
In it, the prosecution, some convicts and the civil parties are appealing against a number of decisions rendered by the HCCICC.
Besides protesting against the convicts’ jail terms, the prosecutors are also against, among other decisions, the acquittal of defendants on some crimes including creating an illegal armed group, financing terrorism, and joining an illegal armed group.
Here, they insist key suspects Callixte Nsabimana, Paul Rusesabagina, Marc Nizeyimana and Cassien Bizimana should be convicted of the crime of creating an illegal armed group, while their colleagues; Herman Nsengimana, Emmanuel Iyamuremye, Marcel Niyirora, Andre Kwitonda, Emmanuel Nshimiyimana, Jean Cretien Ndagijimana, Theogene Hakizimana, Felicien Nsanzubukire, and Anastase Munyaneza should be convicted of joining an illegal armed group.
The prosecutors also contest the fact that Rusesabagina – who once again boycotted the trial – was acquitted of the crime of financing terrorism.
During this week’s sessions, the judges will hear more about prosecutions’ arguments concerning what penalties they want to be given to each of the convicts.
On the other hand, the convicts’ appeal points will be heard, which include: court’s failure to consider mitigating circumstances when handing them the penalties; and the argument that there wasn’t enough evidence to pin them to certain crimes with which they were convicted, among others.
The civil parties are also expected to present their appeal submissions, where they protest the fact that the compensations awarded to them by the High Court during the first instance trial were based on the judges’ consideration, not the evidence provided.
The judges awarded damages of just over Rwf400 million for all civil parties saying they did not provide accurate evidence that showcases the value of the losses.
However, in their appeal, the civil parties through their lawyers claim there is enough evidence to account for the losses.
The FLN is the militia outfit that was behind the 2018 and 2019 attacks in South-Western Rwanda, where at least nine unarmed civilians lost their lives, more others injured and property destroyed or looted.