The Prosecution has filed an appeal in Nyarugenge Intermediate Court to have the policeman accused of taking part in the beating of a young man that is suspected to have resulted in his death arrested temporarily following an outcry.

Last month, the court released on bail Supt Vincent Habintwari, a senior intelligence officer accused of participating in the assault of Jean Claude Safari earlier this year.

Supt Habintwari, together with Euphron Hakizamungu and Christopher Bimenyimana and members of the reserve force, commonly known as Inkeragutabara, who were on night patrol, are suspected of badly beating up Safari, 26, on February 15 before detaining him.

Safari, a former Kigali Institute of Science and Technology (KIST) student who was set to go for further studies in India, died on April 9.

Doctors attributed his death to injuries sustained in the assault. However, the three suspects were not arrested until May 15 following an outcry.

Their dossier was sent to State Prosecution on May 13.

Three of the men would be released on bail by the Nyarugenge court on May 21 to the chagrin of the mother of the deceased, Epiphanie Mukakimenyi, and many other Rwandans who had been following the case through the media and social networking sites.

“I could not rest while the men suspected of killing my son were out there, walking freely,” Mukakimenyi told Rwanda Today. “I have been running up and down and I am glad to know that the prosecution is now appealing to the court to arrest them again and the case to be heard while they are in detention.”

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Despite her suspicion that the three could have already tampered with the evidence because they are still free, the grieving widow was nonetheless confident that justice would eventually be delivered.

Ms Mukakimenyi wondered how the court that released the three men could temporarily detain two of their co-accused yet they are facing the same charges.

Supt Habintwari had told the court that his position in the police force and credibility in society entitled him to bail.

Protest bears fruit

Following her protest to the prosecution, prosecutors petitioned the court to revisit its decision to release the policeman and his co-accused.

Prosecution Spokesperson Alain Mukararinda told Rwanda Today he could not understand how two of the accused men could remain in temporary detention while the three were out on bail.

“We have appealed the court’s decision,” he said. “The court will decide on Monday (June 17) on whether they should be arrested again or left to remain on bail.

“As the prosecution, we believe there was a mistake in the decision of the court. We think the judge disregarded the arguments of the prosecution on the gravity of the charges.

“Also, the fact that there two people in detention over the same crime while others were released on bail calls for the need for the court to revisit its initial decision.”

The two suspects in detention are Emmanuel Hallelujah and Christopher Bimenyimana. The three were ordered to report to court every Friday.

Mr Bimenyimana and one Theogene Munyaneza are members of the reserve force who were on night patrol and the ones accused of arresting and instigating the assault that allegedly killed Mr Safari.

The five men allegedly beat up Safari, who was also an aspiring musician, for being in possession of a stolen side mirror of a vehicle.

Prosecutor Michael Nshimiyimana told the court that the five face the same charges and that it should temporarily detain them to allow smooth investigations. The High Court was scheduled to hear the appeal again on June 17.

Ms Mukakimenyi termed the prosecution’s decision to appeal the bail ruling as a relief because she thought the officer in question would use his influence to block justice. At the initial appearance, Supt Habintwari had requested the court to “hear the case in camera since he held a high-ranking position in the Rwanda National Police” but the court dismissed the request.

Ms Mukakimenyi told Rwanda Today that she was hopeful of a decision that “will address the injustice her son faced.”

Ever since the story about Safari’s death was broken by a local news website, it has generated anger and discomfort while many people have sympathised with the mother of the deceased.