Why prosecution will seek the merger of Rusesabagina trial with 18 FLN suspects

Prosecution has announced it will issue a joint indictment in the case of Paul Rusesabagina with other 16 fighters belonging to the FLN, a militia group that has carried out terror activities on Rwandan territory. Speaking at a press conference held at the prosecution headquarters in Kimihurura, Prosecutor General Aimable Havugiyaremye said that all the fighters are in custody. Prosecution will also file a request with the court to merge this case together with the case of Callixte Nsabimana and Herman Nsengimana, said Havugiyaremye, referring to the two successive former spokespersons of FLN. Both Nsabimana and Nsengimana are also in custody, having been separately brought into the country last year. The Nyanza-based High Court Chamber for international crimes which is already trying Nsabimana, last week ruled to merge his case with that of Nsengimana, who was captured from DR Congo last year. FLN is the military wing of MRCD, a coalition of political groups that was led by Rusesabagina, and it is responsible for attacks in south-western Rwanda in which at least nine people died. Common practice Havugiyaremye said that prosecution requesting to merge cases is common practice in criminal procedure. This is a common practice, known as the principle of connectivity of offenses, which is provided for in our laws, he told the media. He added: 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. Already, Nsabimana, who is also known as Sankara, had asked court that his case be enjoined with that of Rusesabagina, saying that he was their political head. Other fighters in custody include: Félicien Nsanzubukire (also known as Fred Irakiza), Anastase Munyaneza, and Jean-Chrétien Ndagijimana, among others. The latter is the son of former FLN commander, Laurent Ndagijimana, also known as Wilson Irategeka, who was killed during the fighting between the militia group and the Congolese government forces. Jean-Chrétien Ndagijimana was among the group of the militia fighters who were in July presented to the media at Kigali Metropolitan Police headquarters, after they were captured in DR Congo. Irategeka was the founder of CRND, a coalition partner in MRCD and the overall commander of FLN before he was put out of action by the DR Congo armed forces. CRND is a splinter group from the Democratic Forces for the Liberation of Rwanda (FDLR). Rusesabagina, who is currently on remand, faces charges including terrorism, financing terrorism, recruiting child soldiers, kidnapping, arson, and forming terror groups. The 66-year old was arrested by the Rwanda Investigation Bureau which presented him to the media on August 31, 2020. Citizenship cannot arise Meanwhile, Prosecutor General Havugiyaremye, while commenting on the issue of Rusesabagina’s citizenship, which has been invoked on different occasions by his family in asking that he should not be tried in Rwanda, said that this cannot be an excuse for him to escape prosecution. The claim is that since Rusesabagina is a naturalized Belgian citizen and so his case should be transferred to Belgium to be tried there. “On this one I have to make two things clear; one, Rusesabagina is Rwandan by birth and he has never denounced his citizenship. And this has been determined by court. “Secondly, even if he was a foreigner, this does not absolve him of accountability to crimes committed on Rwandan territory and against Rwandans. He has to be tried here.” Rusesabagina faces various criminal offences, including terrorism, financing terrorism, recruiting child soldiers, kidnapping, arson, and forming terror groups among others.

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Why prosecution will seek the merger of Rusesabagina trial with 18 FLN suspects