Rusesabagina’s 25-year jail term upheld, Nsabimana’s reduced to 15

The Court of Appeal has issued its verdict in the FLN/MRCD appeal case where different sides were protesting several decisions taken by the High Court Chamber for International and Cross Border Crimes (HCCICC) which handled the trial at first instance. 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. In September last year, the HCCICC convicted 21 criminals belonging to the militia and sentenced them to jail terms ranging from three to 25 years. After the HCCICC’s verdict, all the sides – including the prosecutors, victims of the attacks and some of the convicts filed an appeal case, challenging the legitimacy of the jail terms given to the convicts, the compensations awarded to the victims, among other things. The appeal trial started in January and was concluded in the following month, and the verdict was initially scheduled to be issued in March but was postponed to April. Reading the verdict on Monday, April 4, the judges resolved to maintain Paul Rusesabagina’s jail term at 25 years, despite the fact that the prosecutors had appealed for life imprisonment. Rusesabagina who was the political head of FLN was convicted by the HCCICC of creating a terror group and committing acts of terrorism, and sentenced to 25 years in prison. Among other points, the prosecutors, in their appeal petition, wanted Rusesabagina to be convicted of more crimes which the HCCICC had absolved him as it ruled that they were under the context of terrorism and had to be considered under the terrorism crime. The Court of Appeal, however, ruled to maintain the verdict of the HCCICC, upholding Rusesabagina’s 25-year jail term. His counterpart Callixte Nsabimana alias Sankara had his 20-year jail term reduced to 15, due to the fact that he pleaded guilty throughout the various stages of the trial, in addition to providing key information that exposed the terror activities of militias fighting against Rwanda. Herman Nsengimana, a former spokesperson of the militia had his jail term increased from 5 to 7 years, as the judges ruled that the mitigating circumstances that the HCCICC considered in giving him such a lenient sentence were not adequate since he had not fully pleaded guilty. Marc Nizeyimana, a former “Colonel” in the FLN had his jail term maintained at 20 years. FLN soldiers Emmanuel Iyamuremye, Theogene Hakizimana, Marcel Niyirora and Andre Kwitonda had their 5-year jail terms upheld, while Emmanuel Nshimiyimana and Jean Cretien Ndagijimana had theirs kept at 3 years. Former FDLR Generals Felicien Nsanzubukire and Anasthase Munyaneza also had their prison sentences maintained at 5 years, while Joseph Ntabanganyimana, a man who helped FLN soldiers to buy a boat that they used to cross into Rwanda to make an incursion against civilians, had his prison term maintained at 3 years. For the persons who were behind the grenade attacks in Rusizi district, including Cassien Bizimana, Jean Berchamns Matakamba, Shaban Emmanuel, Innocent Ntibiramira, Jean Claude Byukusenge and Jean Damascene Nsabimana had their 20-year jail terms upheld, mainly due to the gravity of the crimes they committed. Simeon Nikuzwe, their counterpart who received a 10-year jail term from the HCCICC had it maintained by the Court of Appeal as well. His lenient punishment is as a result of the fact that he did not take part in the attacks. Angelina Mukandutiye, the only woman in the case had her jail term increased from 5 years to 20, as the judges ruled that she been prosecuted before by a Gacaca Court and convicted of genocide crimes, but she did not change her ways to stop committing crimes.

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Rusesabagina’s 25-year jail term upheld, Nsabimana’s reduced to 15