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Pre-Trial Chamber I of the International Criminal Court (ICC) decided by Majority, the Presiding Judge Sanji M. Monageng dissenting, decline to confirm the charges and to release Mbarushimana from the custody of the Court, on the completion of the necessary arrangements.

The Majority of the Chamber, comprising Judge Sylvia Steiner and Judge Cuno Tarfusser, found that there was not sufficient evidence to establish substantial grounds to believe that Callixte Mbarushimana could be held criminally responsible, under article 25(3)(d) of the Rome Statute, for the eight counts of war crimes and five counts of crimes against humanity brought against him by the Prosecutor.

This decision does not preclude the Prosecutor from subsequently requesting the confirmation of the charges against Callixte Mbarushimana if such request is supported by additional evidence.

Both the Prosecutor and the Defense may also appeal the decision declining to confirm the charges and the order for the release of Mbarushimana.

Factual findings

On the basis of the evidence presented, the Chamber found that there are substantial grounds to believe that, from at least 20 January 2009 until at least 31 December 2009, an armed conflict not of an international character took place in the North and South Kivus, in the Democratic Republic of Congo (DRC), between the forces of the Government of the DRC, supported at times by Rwandese forces (RDF) or the forces of the United Nations Mission in the Democratic Republic of Congo, on the one side, and at least one organised armed group, the Forces Democratiques pour la Liberation du Rwanda – Forces Combattantes Abacunguzi (FDLR), on the other.

The Chamber found substantial grounds to believe that FDLR troops committed several war crimes in different locations and at different times, particularly in Busurungi and surrounding villages in March 2009 (murder) as well as on or about 9 to 12 May 2009 (attacking civilians, murder, mutilation, rape, cruel treatment, destruction of property and pillaging); in Manje on or about 20 July 2009 (attacking civilians, murder, cruel treatment and destruction of property); in Malembe on or about 11 to 16 August 2009 (attacking civilians and destruction of property), and in Mianga on or about 12 April 2009 (attacking civilians, murder and destruction of property).

Although the Chamber found substantial grounds to believe that acts amounting to war crimes were perpetrated in five out of the twenty-five occasions identified by the Prosecutor, the Majority found that the evidence submitted was insufficient to be convinced of the existence of substantial grounds to believe that such acts were part of a course of conduct amounting to “an attack directed against the civilian population” pursuant to or in furtherance of an organisational policy to commit such attack, within the meaning of article 7 of the Rome Statute which defines crimes against humanity.

Accordingly, the Majority found that there were not substantial grounds to believe that crimes against humanity were committed by the FDLR troops.

The Majority of the Chamber, with the Presiding Judge dissenting, further found that Callixte Mbarushimana did not provide any contribution to the commission of the alleged crimes, even less a “significant” one.

The DRC ratified the Rome Statute, the founding instrument of the International Criminal Court, on 11 April 2002.

On 3 March 2004, the Government of the DRC referred to the Court the situation (the events falling under the Court’s jurisdiction) in its territory since the entry into force of the Rome Statute on 1 July 2002.

After a preliminary examination, the Prosecutor initiated an investigation on 21 June 2004.

On 28 September 2010, Pre-Trial Chamber I issued a warrant of arrest under seal for Mbarushimana. The warrant was unsealed on 11 October 2010.

On 25 January 2011, the French authorities surrendered Mbarushumana to the Court.

He was then transferred to the Court’s Detention Centre in The Hague.

In the Document Containing the Charges, the Prosecutor charged Mbarushimana with five counts of crimes against humanity (murder, inhumane acts, rape, torture, and persecution) and eight counts of war crimes (attacking civilians, murder, mutilation, cruel treatment, rape, torture, destruction of property and pillaging).

The Confirmation of Charges hearing was held from 16 to 21 September 2011.

Besides Callixte Mbarushimana, three persons have been transferred to the Court with respect to the situation in the DRC; Thomas Lubanga Dyilo, Germain Katanga and Mathieu Ngudjolo Chui
.
A warrant of arrest has also been issued against a fourth person, Bosco Ntaganda, but has yet to be executed.

Investigations are ongoing with respect to the situation in the DRC.

ENDS

The Supreme Court has denied a request for bail to Victoire Ingabire Umuhoza leader of FDU party due to facing sensitive crimes.

The court has fear that if Ingabire is granted a bail to go in Netherland and celebrate Christmas and happy new with her family, may not back back.

IGIHE.com has learnt that on December 13, 2011, Ingabire’s lawyer, Gatera Gashabana, sent a request to the Supreme Court requesting for his client to have a bail over Christmas so that she could spend the holidays with her family in the Netherlands.

But the court’s official Carcien Nzabonimana turned down his plea saying; “after the examination of the request, the court has denied the request due to the gravity of the accusations against her which include terrorism charges.”

Lin Muyizere the Ingabire’s husband now in the Netherlands with their two children he expected she would not be granted bail.

“I am not surprised by the refusal to grant her bail because several requests have already been rejected,” explains Lin Muyizere.

According to him, there is not enough proof to prove Ingabire guilty; “The charges are very serious, but they are invented, they are based on nothing so why keep her in prison?” asks Muyizere.

On the 12 December, Rwandan president Paul Kagame confirmed during a press conference in Kampala that Rwanda had sufficient proof to condemn Victoire Ingabire given some sent from the Netherlands.

Muyizere doesn’t fear the content of the documents; “The police supplied Rwanda with 600 pages of documents which are being translated. They document details of telephone calls and transfers via Western Union, but I’m not afraid of these documents.”

ENDS

A total of 27 resolutions have been adopted in the just concluded 9th National Dialogue also called Umushyikirano in Kinayarwanda.

The resolutions were categorized into the four pillars of government programs that include Economy, Social welfare, Good governance and Justice.

The resolutions which are expected to be implemented over the next one year, their progress will be evaluate in the expected 10th Umushyikirano to take place in 2012.

The Umushyikirano attracted local and central government leaders, representatives of private sector, civil society, religious groups, as well as members the diplomatic corps and the Rwandan Diaspora.

In his closing remarks, President Paul Kagame noted that the Dialogue provided a platform for Rwandans to engage with their leaders about how to consolidate the country’s progress as well as addressing the existing challenges.

Among the resolutions was the signing of Performance contracts (Imihigo) among senior government officials.

Cabinet ministers will sign the Imihigo with the President of the Republic ambassadors and high commissioners representing Rwanda in different countries signing contracts with the Minister of Foreign Affairs and Cooperation.

It was taken due to observation of how instrumental Imihigo played a big role in attaining most of targets and activities as a sign to enhance efficiency, public transparency and accountability.

This was forwarded by someone from Diaspora in US, saying that it is important for ambassadors to make commitments and be accountable to the people they represent.

In this year’s Umushyikirano attracted millions of people participating both in the country and outside in a very interactive dialogue ever through Facebook, phone lines, Twitter and live on both Rwanda Television and Rwanda Radio.

ENDS

President Paul Kagame and his family has shared and wished a merry Christmas and New Year to hundreds of senior and junior government leaders and everyone who participated in the 9th National Dialogue.

After concluding the national dialogue sessions, president Kagame welcomed everyone to Village Urugwiro where they jointly shared a cocktail.

“I wished to thanks you for the two days of meeting in a national dialogue we had while working,” Kagame said at Village Urugwiro.

“I welcomed you here to take this chance and my family to extend wishes to all of you here to celebrate with you a merry Christmas and happy new 2012 to come because it wouldn’t be possible to get all of you,” Kagame said.

“May it be prosperous, strong and progress in work and have good life for you all with your families,” He added.

Kagame took an opportunity to advise youth where he called upon them not listen to those parents who teach them hatred, discrimination and Genocide ideologies.

“Normally, no one encourages children to disobey their parents but today I am going to do it but for a positive reason. Many of young generation now did not participate in 1994 Genocide and they should not carry the burden of the history they did not participate in,” he commented.

“Some of these children were young by that time and others had not been born. Those who truly want to come home in their mother land should come freely without barriers,”

Kagame added that young generation can determine their own destiny even though they can’t determine and re-shape their history.

“That is why I am saying that every Rwandan, wherever they are, whatever they are doing should know that their right, dignity and whatever they want is present in their country.

ENDS

President Paul Kagame has said that Rwanda’s development is not miracles but sweats from citizens that have worked tirelessly.

Kagame was giving his speech which concluded the 9th National Dialogue which attracted hundreds of executive, judiciary, parliamentarians, members of diplomats, friends of Rwanda and Rwandan from Diaspora.

“The good things we have done are clear to all, we do them for our own good not for appreciation or praises but we should not praise ourselves. When you praise yourself it drags your mind and you become complacent. We don’t want complacency but rather development,” Kagame said.

“These good things gives us hope, due to this massive improvements some see them as miracles, even though we have massive improvement that give hope, they are not miracles they are works of citizens from leaders to the common persons,” He added.

“That woman, that man on his level, in that deep villages and his family and all challenges faced for survival, waking up daily for work which all adds up to these good things the nation attain,a cultivator or livestock famer gets luck when the rain falls but the one who has not done any will never get luck from the rain that will fall,” Kagame explained.

Kagame called upon Rwandans should continue to use their strength, knowledge to be a people and conserve nation’s dignity which makes it the prime principle.

According to Kagame, a society has a culture with a discipline which enables one to conserve a dignity which makes one give dignity to others too.

“I don’t agree why we should not value one another’s dignity, that is why there are those who want to devalue our dignity, we should not allow it but rather should give them their dignity which ends up earning us our own dignity,” Kagame said.

Kagame also said that he has taken criticisms from his critic as a positive thing that keeps him check his leadership.

He said no one should discouraged by criticisms but rather a checking scale and wake up factor to work hard or prevent any reason to be criticized.

“Those who like criticizing they cannot ask question in this kind of forum because they fear to be challenged and fear to know the truth because they don’t want to get the truth. There is a person who decide to be rigged to an extent that if given facts he/she is on a wrong side, he adamantly refuses to accept it,” Kagame said.

“On another side I can get something positive from all these criticisms so as not to be complacent because it gives you pressure which makes you check yourself. It reminds not to be complacent and say what if what they are criticizing me is true. I question if what they are criticizing do exist and should be corrected if they don’t exist then let me work hard to prevent them,” he said.

ENDS

Residents of Ngoma Sector in Huye District have commended the issuing of land certificates that began 14th December saying the move will cut down on land related disputes.

While launching the exercise, the Executive Secretary of Ngoma sector Sahundwa Pascal said,“The number of people with land-related problems will be reduced.”

According to Juvenal Bavugirije in charge of the land bureau at Huye district, totally owning a piece of land requires having a land certificate.

Documents which are being offered are “The contract of Emphyteotic lease”, “The certificate of land registration” and “The cadastral extract”.

The activity of issuing land certificates launched in Ngoma sector will continue at cell level facilitating local people in easily accessing Land documents.