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Kigali court rejects Mugesera's appeal to be tried in French

Tuesday April 03 2012
image mugesear

Rwandan fugitive Leon Mugesera (R) is handcuffed on the tarmac as he arrives at Kigali International Airport late on January 24, 2012. AFP

A special chamber in Kigali has turned down a request by Leon Mugesera, a genocide suspect extradited by Canada to Rwanda in January, to have his case heard in French, ruling that the case will go on in the local language, Kinyarwanda.

The same court, however, granted Mugesera another month before the real case could start, after the defendant requested it to find lawyers to represent him.

He told the court that he was still putting together a team of ten lawyers consisting of two Rwandans, two Americans and six Canadians.

Mr Mugesera’s two local lawyers said after the ruling that they were content with the court’s decision, but said they will still appeal the decision not to allow his request to defend himself in French, a language he is accustomed to for over 20 years.

The 57 year old, who is facing charges related to masterminding the 1994 genocide, was making his third appearance in the Kigali court Tuesday.

The special chamber ruled that the proceedings will go on in Kinyarwanda as the incendiary speech Mr Mugesera is alleged to have made, inciting people to kill Tutsis, was made in the local language.

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Mr Mugesera, however, says that the constitution gives him the right to have his case tried in any of the three official languages; French, English or Kinyarwanda.

The court heard from prosecution that Mugesera initially refused to be interrogated in Kinyarwanda, saying that after over 20 years living in the Canada, he is not well conversant with the local language.

Mr Mugesera made the speech in 1992 in the country’s western province but fled to Canada in 1993 where he had been living until his extradition at the beginning of the year.

The academic battled deportation for more than 16 years.

Intermediate court Judge Saudah Murererehe ruled that Mr Mugesera spoke ‘sufficient’ Kinyarwanda in the previous appearances, enough to allow the case to go on in Kinyarwanda.

“The court finds it necessary to allow the case to continue in Kinyarwanda as it believes that the defendant speaks and understands Kinyarwanda sufficiently. Court also gives the defendant a month to prepare his defence,” the judge pronounced.

The two days of the reopening of the high profile case were dominated by language and procedural issues, with the court concluding that it is important that the case be heard in Kinyarwanda, the same language Mr Mugesera made the infamous speech, 20 years ago.

Mr Mugesera, a former member of the ruling party, the Rwandese National Democratic Movement (MRND) is facing charges related to hate speech in which he incited the Hutu to kill the Tutsi, by referring to them as "scums and cockroaches" that should be killed and sent back to Ethiopia where they came from.

State Prosecutor Ndibwami Rugambwa alleged that Mr Mugesera was trying to divert the court into using French, which would make bigger parts of his incendiary speech lose meaning, giving him enough ground to deny the charges.

Mr Mugesera’s local lawyer Donat Mutunzi said that while they welcomed the decision by court to grant Mugesera another month, they will appeal against decision on language.

“We want to appeal the decision. Our client can only defend himself in a language he is more comfortable with as the constitution grants him that right,” Mr Mutunzi told the press after the court decision.

The court set May 9 as the new hearing date.

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