Every accused is granted the right to a fair trial, in a country that is respectful to the rule of law, to achieve this a very person must have the right to a fair trial, the protection of these rights depends on the availability of access to the competent, independent and impartial Court of Law which can and will administer justice fairly in a so called “Due Process’
Paul Rusesabagina, who was portrayed in the movie “Hotel Rwanda” whereby reportedly saved hundreds of Rwandans during the genocide by sheltering them in the Hotel he managed has been arrested on terror related offenses in Rwanda.
He is accused of being the founder, leader and sponsor of Violent, armed extremist outfits as Rwanda investigation Bureau (RIB) told the media in a press conference.
Rusesabagina who is the recipient of several human rights awards for his effort during the genocide including the US Presidential medal of freedom in 2005 has not lived in Rwanda since 1996 after sustained criticism to Rwandan President.
Before the Trial there is a lot of Criticism for the International and Cross-Border crimes chamber of Rwanda’s High Court which has competency to the trial of Rusesabagina.
In the early hours of 28 August 2020 Paul Rusesabagina boarded a private jet in Dubai with Constantin Niyomwungeri heading to Bujumbura for a Business trip, but instead arrived in Rwanda, on 31 August, his arrest was announced by the Rwandan investigation bureau and was Presented to the media.
Details about his arrest and transfer were often contradictory, on 27th February 2021 the minister of Justice and attorney general Johnston Busingye in interview with Al Jazeera English confirmed that Rwandan Government facilitated the journey that led to Paul Rusesabagina arrest in Kigali in August 2020, the following days Rwanda’s Justice Minister Johnston Busingye has denied that Mr Rusesabagina was kidnapped and said that there was any facilitation from the government of Rwanda in Rusesabagina’s flight payment. In a video interview published by Al Jazeera English, Johnston Busingye also rejected accusations that authorities had confiscated Mr. Rusesabagina’s papers or trampled on attorney-client privilege.
On March 2020, the Court Dismissed Rusesabagina ‘s Complaint he had been kidnaped. the Judge ruled that no force had been used to coerce Rusesabagina to travel to Rwanda and having been tricked into traveling to Rwanda instead of Burundi his expected destination.
According to Miranda warnings and international laws , the arrest of Rusesabagina and his extradition in Rwanda are unlawful.
“Under the international human right law and the Miranda warning principle anyone who is arrested shall be informed, at the time of the arrest, of the reasons of their arrest and shall be promptly informed of any charges against them, Also the transfer of people from one country to another country without any kind of judicial or administrative process so called a rendition is illegal. Rusesabagina couldn’t been transferred in Rwanda without an administrative or a judicial document from UAE and he must have been informed about his charges.”
“The Lawful extradition of a suspect to face a trial in another country requires following “Due process” in extradition proceedings overseen by an independent tribunal, which among the other issues can assess whether a suspect ‘s rights in custody and a trial will be granted. This process was not followed in Rusesabagina transfer to Rwanda.
Paul Rusesabagina after being arrested has chosen a defense lawyer from a list provided by the Rwanda Bar Association. One of two given to Rusesabagina is David RUGAZA advocate and a member of Rwanda bar association specialized in criminal law matters.
His family has also put together a legal team Vincent LURQUIN and his Colleagues including another Rwandan Lawyer who has been denied access to Rusesabagina.
The daughter of Rusesabagina Carine Kanimba said that during the trial, the prosecutors referred to interrogations conducted by Rwanda investigation bureau agents without a lawyer present on, August 31 ,2020.
“In the first days of his arrest and during the key phase of investigation Rusesabagina was not access to his Lawyer chosen by our family Gatera Gashabana, almost a one week after our father was presented to the media, on 5th September 2020, David Rugaza announced at a press conference that our father has chosen him as his legal counsel without our consent “
Gashabana was to meet the team of legal counsel in November 2020 after the recall of two appointed two Lawyers by Rwanda bar Association.
Rusesabagina lawyers, family and his supporting team said that the court is basically a Kangaroo Court because it was Bias when Rusesabagina’s defense Counsel denied, they claimed the bias of the Judge and unfair arrest whereby they are denied to enter in the country and represent their Client.
Rusesabagina was initially denied the right to be represented by a lawyer of his choice, prison authorities (RCS) confiscated privileged and confidential legal documents from him, the document before reaching him was inventoried by the prison authorities these was done not in accordance with the international law and domestic law. Rusesabagina lawyers told the press in march 2021.
The Rwandan law in a criminal code procedure article 68 stipulates that “Any person held in custody by the organ in charge of investigation or public prosecution must be notified of the charges against him or her and his or her rights including the right to inform his or her legal counsel or any other person of his or her choice.
Any person held in custody by the organ in charge of investigation or the public prosecution has the right to a legal counsel and engage in private communication with him or her.
Any person held in custody has the right to seek a legal counsel of his or her choice and is allowed to have private communication with him or her”
After being arrested Rusesabagina who had been tread with kindness, according to his family he had not been granted access to doctors and his medication, and he is not in a position to speak freely to them.
Rwanda and international legal instruments protect all communication and consultations between lawyers and their clients within their professional relationship as confidential.
According to the source closed to the government Rusesabagina is reportedly to be given the 5 minutes to speak with his family in a week which is not sufficient according to his family, his family added that his phone is monitored and controlled by Rwandan intelligence agency.
His family reported that Rusesabagina was tortured by one of RIB and Police agents and a high ranking official with inhumane acts and degrading treatment.
On 12, March 2020 Rusesabagina told the Court and Nyarugenge Jail that he will never again appear before the Court as he doesn’t expect any justice from this Court after being denied a legal representation by his his own choice and the time of 6 months adjournment to prepare his Case.
He said that he did not give the necessary equipment to prepare for his trial, including a computer to allow him to go through the trial documents, and that his confidential trial documents should not be seized.
The presiding Judge Antoine MUHIMA ruled that the trial of Rusesabagina would continue in hearing the case on merits in absentia after his withdrawal in the trial.
“Rusesabagina chose not to attend this hearing. He has a right to do so but choosing not to appear does not stop the trial from proceeding” Muhima Press.
During his last appearance in march 2020, when the Court ruled against his request to have six months to prepare his defense, he said he was withdrawn in the trial as his basic rights to defend himself and to have a fair trial were not respected. his family Urged that he has not been given access to more than 5,000 pages of documents in his case file.
The 66-year-old was first arrested in August 2020 and faces nine charges, including financing terrorism, murder as an act of terrorism, formation of an irregular armed group, and membership of a terrorist group.
Paul Rusesabagina, who inspired the film ‘Hotel Rwanda,’ has been convicted of terrorism related charges and sentenced to 25 years in prison by a court in Kigali on 21 September 2021.
Rusesabagina is a Belgian Citizen, he was awarded the presidential medal of freedom by George W. Bush in 2005 and the Tom Lantos Human right prize in 2011.