Mugesera appeals about Nyarugenge Intermediate court’s decision

Rwanda’s genocide suspect, Léon Mugesera appeared before the High Court on June 11 to appeal against a decision by the Nyarugenge Intermediate Court which denied him two more months to examine his case files and demand a complete file of his proceedings in Canada, from where he was extradited early this year.

However, Prosecutor Jean Bosco Mutangana, told high court that according to the law, a decision taken by the intermediate court before the beginning of the pre-trial was, not appealed against therefore Mugesera could not appeal against any of the court decisions.

Mugesera’s case has however been setback by various excuses including lack of enough time to study the case, sickness, lack of trusted lawyers and demanding to have his case tried in the French language instead of Kinyarwanda- his mother tongue. All these issues have seen the case stuck at point zero for both the intermediate court and the justice system.

The issue of language also became a stumbling block at the high court as mugesera kept intermingling and mixing languages- from French, English, Latin, and Kinyarwanda; but the judge (Eugene Ndagijimana) kept reminding Mugesera to use Kinyarwanda.
This was even more dramatic as his initial lawyer Donat Mutunzi – for the second time, did not appear for the defense of client, but was replaced by another lawyer- Felix Rudakemwa.

On the issue of time to study the case files, Mugesera argued that his appeal was based on the fact that he should be given more time since he was earlier on given only six days to study a 240 page document, analyse it and brainstorm with his defense lawyer.

Mugesera told the court that he needs to have a copy of the Canadian prosecution proceedings on his case which was transferred to Rwanda, however this case file is also expected to be extensive and compact, which raises doubts on how much time he will ask this time around.

Mugesera is accused of having delivered an incendiary speech which is said to have been critical in inciting and fuelling the 1994 Genocide against the Tutsi.

In the speech, he propagated a theory that the Tutsi were not Rwandans, but rather foreigners who invaded the country from Ethiopia, where they should be sent by shortcut, via the River Nile.

Judge Eugene Ndagijimana adjourned the next court hearing to June 15 for the court to review the prosecution’s request.