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Two Journalists accused of defaming Kagame

Tuesday January 31 2012
rwanda

Umurabyo's jailed journalists Mukabibi Saidath (left) and Nkusi Uwimana Agness (right). The journalists are also accused of threatening state security and defaming the person of the Rwanda Head of State. The duo has been behind bars for 18 months. Photo | Cyril Ndegeya

The ruling of the case against two Rwanda female journalists accused by the state of publishing information to ignite public disorder and creating ethnic divisions was on Tuesday deferred to February 17.

The journalists are also accused of threatening state security and defaming the person of the Head of State.

The two convicted journalists of the weekly local tabloid, Umurabyo, on Monday, launched their bid to reverse last year’s verdict by the High Court.

Agnes Nkusi Uwimana, the editor of the controversial tabloid, and reporter Saidath Mukakibibi, were, in February 2011, sentenced to 17 years and seven years in jail, respectively, after they were found guilty of committing the crimes.

According to Barrister John Jones, a British Lawyer representing the convicted duo, the decision by the High Court to sentence the scribes to 17 and 7 years respectively was harsh because the two were merely expressing their rights as journalists.
“The High Court made some errors while sentencing the two journalists, that’s particularly so because the two were merely exercising their rights of freedom of speech and expression and in doing so never caused any harm,” said Mr Jones.
“Prosecution needs to prove beyond reasonable doubt that the two had ulterior motive in publishing their articles...if not, the two should be released immediately because the two have been incarcerated and emaciated having served more than 18 months already."

Jones, who has in the past represented individuals accused of the genocide in the Arusha-based criminal tribunal of Rwanda (ICTR) said that the country’s anti-genocide laws are ambiguous.

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He said recently Rwanda has proved that it is capable dispensing balanced and fair trials, going by several decisions by countries to send convicts to be tried in Rwanda and it should maintain the clean record by reducing the harsh sentences handed to the two.

State Prosecution led by Richard Muhumuza and Jean Damascene maintained before the Supreme Court that the two journalists through their publication deliberately wanted to turn citizens against the government, denied the genocide and divided people along ethnic lines.

The two are also accused of insulting the person of President Paul Kagame by alleging that he shares the loot some of his ‘top military officers’ extort from the masses and that under his regime, Rwandan people are worse off than they were in the past.

Uwimana and Mukakibibi insist that they were wrongly sentenced by the High Court because their publications were within the confines of the law and hard no motive to pit the people against their government.

Chief Justice Rugege urged the appellants and the defence to desist from straying from basis upon which the High Court reached the decision and keep within the confines of the law.

He warned that the court will not override the laws in order ‘to stay in good books’ with the international community.
The requesting lawyers represent Article 19 and Lawyers Without Borders.

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