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Rwanda yet to pull out of African court, files for withdrawal

Tuesday March 08 2016

Rwanda has clarified that it is yet to pull out of the African Court on Human and People’s Rights but has filed a request for withdrawal over fears that genocidaires may “enjoy the benefits” of the Court.

The government said it was unhappy with a clause in the African Court Protocol that guarantees rights of access and hearing to any individual or NGOs, which according to Kigali, may pave way for genocide fugitives to drag the country to the Court.

“The way it was framed even a fugitive like Kabuga can go to court tomorrow and file a human-rights case against Rwanda,” Johnston Busingye, Minister of Justice told The EastAfrican on Monday. Felicien Kabuga is top Rwandan genocide fugitive wanted by the United Nations.

“We are still very much members of the Court…there is no cause for alarm,” Mr Busingye said, adding that it was by “coincidence” that the withdrawal request was undertaken at a time when the Arusha-based AfCHPR had summoned the government to a hearing of a case on March 3 filed by opposition leader Victoire Ingabire.

Ms Ingabire, 47, who heads the unregistered political party FDU Inkingi, had dragged the government to the African Court, accusing it of violating her rights and freedoms provided under the Universal Declaration of Human Rights.

“Rwanda deposited the instrument of withdrawal with the Office of the Legal Counsel, African Union Commission on February 29, 2016. The AUC transmitted the withdrawal officially to the Court on March 3,” said the Justice minister.

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Ingabire is currently serving a 15-year in jail sentence handed to her by the Supreme Court in 2013, which found her guilty of inciting revolt, forming armed groups to destabilise the country, as well and denying the 1994 Genocide against the Tutsi.

She also hoped that the Court will force the Rwandan government to release her on parole as well as incur the cost of reparations.

“That lady (Ms Ingabire) herself had asked for adjournment for her own case much before. Our lawyers had written to Court to say they are not ready to proceed for a number of reasons,” Mr Busingye said.

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