Rwanda: Supreme Court verdict paves way for Mugesera’s trial

Edwin Musoni

The Supreme Court yesterday rejected Genocide suspect Leon Mugesera’s application challenging the legal procedures on which the High Court based its decision to deny him more time to study his dossier.  

In Mugesera’s submission, he had argued that article 162 of the code for civil and administrative procedures on which the Nyarugenge Intermediate Court based its decision, contradicts article 18 of the constitution.

The article in question stipulates that “any person who was a party to the proceedings in the first instance may appeal the judgment if he/she has an interest therein, except when the law provides otherwise”.

It adds that “However, the appeal against an interlocutory judgment shall be made only jointly with the final judgment. In this case, the time limit for appealing against the interlocutory judgment starts running from the date on which the final judgment was notified to the party”.

According to the applicant, if the decision based on article 162 of the procedural code was upheld, it would undermine the constitution and his right to have more time to study his dossier.

“Although the court finds his pleading having been rightfully filed, his application is challenging a law that was scrapped three days before he filed his application makes his arguments non objective,” Judge Jean Baptiste Mutashya who read the judgment.

Deputy Chief Justice, Sylvie Zainab Kayitesi, presided over yesterday’s session, heading a nine-person panel of judges.

Mugesera was deported from Canada earlier this year after he lost all legal and political battles to bar his deportation to Rwanda to face Genocide charges.

He fled to Canada in early 90s after making an inflammatory speech in which he called upon the extermination of Tutsis and added that they should be killed and ‘transported’ back to Ethiopia via River Nile.

Source: The NewTimes (29/09/2012): http://www.newtimes.co.rw/news/index.php?i=15130&a=58936