The Rwandan Parliament earlier this week passed a resolution urging their European Union counterparts to retract their resolution on Paul Rusesabagina’s case, a terror suspect, given the inviolability of the principle of judicial independence and separation of powers. The resolution by the Parliament of Rwanda which was adopted on February 15 is in response to one by the European Parliament passed on February 11 regarding terror suspect Paul Rusesabagina, currently on trial in Rwandan courts. Rusesabagina faces various charges including terrorism, arson, and murder that he is alleged to have committed or incited on the Rwandan territory, which he faces together with former fighters of FLN-MRCD outfits to which he is the founder. In the rejoinder, parliamentarians urged their EU counterparts to retract this resolution. “(Parliament) resolves that the European Parliament’s resolution amounts to an attempt to improperly influence an ongoing judicial proceeding and calls on the European Parliament to retract its resolution given the inviolability of the principle of judicial independence and separation of powers,” reads part of the resolution. The Rwandan resolution was based on various factors including taking note of the EU resolution’s instruction to the President of the European Parliament to forward it to Rwanda and other regional and international organisations. It also considered that Rusesabagina and 20 co-accused are currently on trial over charges stemming from a series of attacks carried out by their armed group in southwestern Rwanda between 2018 and 2019, during which civilians were killed, several others seriously injured and property looted or destroyed. Rwanda parliament was also in the same resolution dismayed that their EU counterparts did not in any way recognize or condemn these acts of terror in which at least nine lives were lost. This silence, it said, constitutes implicit support by the European Parliament for the armed attacks, which may in turn encourage further attacks. It said that the European Parliament resolution purports to arrive at firm conclusions about facts sub judice – under consideration by judges or courts and therefore prohibited from public discussion elsewhere – which the European Parliament has no standing to independently investigate. Furthermore, it noted that whereas the European Parliament resolution purports to establish facts about a matter before the court, this would not be acceptable with respect to legal proceedings in any EU member State. On the fair trial concern, Rwanda’s parliament recalled that numerous criminal suspects extradited from Europe and other jurisdictions have received fair trials before Rwandan courts, and that the Constitution of Rwanda guarantees the right to a fair and impartial trial for all accused. EU countries like Germany, The Netherlands, Denmark and Norway have previously extradited fugitives to Rwanda. It deplored the assumption that European citizenship is an implicit entitlement to impunity from Rwandan or other African courts. What Rwandans say Tom Ndahiro, a scholar, said that parliament’s resolution in response to that of their EU counterparts was appropriate and timely. He said that by describing Rusesabagina as a human rights defender or activist, and caring for his rights in court without paying attention to those of the victims of the crimes for which he claimed responsibility, the European Parliament might have supported what he did. That, he said, might imply implicit support to what he did. “The European Parliament resolution gave Rusesabagina a false identity. Instead of a terrorist, he is a human rights defender, for them,” he said. He wondered why the European Parliament could not at least wait for the decision of the court, but rather chose to exert some kind of pressure on the court case. “Why do they think that a terror attack against Rwandans is inconsequential?” he wondered. “There is another element of arrogance. With something which is in their interest, then they can bully an African country simply because they look down upon us,” he said. Joseph Nkurunziza Ryarasa, Chairperson of the Rwanda Civil Society Platform said that the European Parliament’s resolution requested justice for Rusesabagina, yet his case is already before court. Even today (February 17), he said, the hearing was held in the open and live-streamed allowing people in and outside the country to follow proceedings. This, he said, is an indication that justice is taking its course. “The case is before court and we should let the judiciary do its job,” he said.
