Kigali 25th June 2013
The Kigali government used intelligence services to frame charges against me. It is quite understandable that these services that concocted these charges cannot make U turn and reveal this secret plan”. This was said by Mrs Ingabire on Tuesday 25th June 2013 before the Supreme Court which continues to hear her appeal against the sentence passed the High Court.
During this hearing, the High Court informed the accused that it has received a response from the Ministry of Defence in relation to the request made by the Defence Team of Ingabire to know the role of witnesses Angelus in the Army. The latter had refused to state what he was doing in the Army when the question was put to him during the hearing of his testimony. The witness had been brought to refute the testimony given by the defence witness AA.Kigali kuwa 25 kamena 2013
« Leta ya Kigali niyo yamfunze ikoresheje inzego z’iperereza zayo zimpimbira ibyaha, birumvikana ko abo bampimbiye ibyaha nubu bakaba bakorera iyo leta batahirahira kumena ibanga bayihishiye » ibi ni ibyavuzwe na Ingabire Victoire kuri uyu wa kabiri tariki ya 25 Kamena 2013 mu rukiko rw’ikirenga ubwo hakomezaga urubanza rwa politiki rw’ uyu muyobozi w’ishyaka FDU-Inkingi.
Mu iburana ryejo urukiko rukaba rwari rwaramenyesheje abarebwa n’urubanza ko rwabonye igisubizo cy’ibaruwa rwari rwandikiye minisiteri y’ingabo ku cyifuzo cy’abunganira Ingabire aho bari basabye ko ku mpamvu zuko umutangabuhamya Angelus wari wirinze kuvuga yeruye icyo yakoraga mu nkambi ya Mutobo yakirirwamo abarwanyi batahutse bava muri Congo. Uyu Angelus yari yatumijwe ku busabe bw’ubushinjacyaha ngo aze kunyomoza ibyavuzwe n’umutangabuhamya AA wo ku ruhande rw’abunganira Ingabire.
During the Tuesday hearing, the judge asked those concerned to give their position with regard to the response of the Ministry of Defence to the Supreme Court. The letter informed the Supreme Court that Angelus was member of the Defence Force in charge of security at the Rehabilitation camp of Mutobo. However the content of the letter did not state that he was am intelligence officer but only revealed that he was a soldier. It is important to note that throughout the trial it was repeatedly stated that members of the intelligence services had plotted to frame charges against the political leader Mrs Victoire Ingabire Umuhoza.
When asked what he thought about the content of the letter, Legal Counsel Gatera Gashabana pointed out that there is what is called state secrets and government employees are under strict instruction not to reveal government secrets particularly those working in intelligence services because of its implications on the security of the state.
The healing of testimonies had been going on for some days to a point that the Prosencution asked the defence team to reveal how they met the witness and the contents of their meeting. The prosecution ever went out of its way to accuse defence counsel Gatera Gashabana, of collaboration with FDLR. Counsel Gatera Gashabana told the Court that he knew well that the strategy of the defence was to intimidate and persecute him. He reminded the Court and the Prosecution that Rwandan laws allow defence lawyers to meet a witness and not to reveal the content of their discussion. He told the court that it was very sad for the prosecution to treat a defence lawyer as an accused and even pronounce charges against him.
After listening to witnesses the Court invited the Prosecution to proceed by responding to appeals made by the accused.
One of the co-accused with Ingabire included Captain Karuta Jean Marie Vianney. The latter stated that he has only been a member of FDLR and had no knowledge of the existence of an armed group called CDF allegedly allied to FDU-Inkingi. The prosecution accuse him of being member of CDF armed group and said that its evidence is based on the trip he made to Kinshasa.
Lieutenant Colonel Habiyaremye Noel, another co-accused, also pointed out that the armed group CDF does not exist and therefore cannot be charged for being a member of a group which does not exist. He added that in sentencing him the High Court had relied on vague legal provisions the Court particularly articles 163 and 165.
Lieutenant Colonel Nditurende Tharcisse also pointed out that the armed group CDF has never been formed and there is no evidence that it carried out any activity or that he was involved in any activity or activities alleged to have been carried out by that armed group as stated by the Prosecution. The Prosecution argues that he had an intention of being part of the group and attended meetings related to its creation.
The Prosecution also responded to the appeal of Major Vital Uwumuremyi, key prosecution witness against Ingabire. We may recall that the defence had given evidence to show that this witness had been manipulated by intelligence services to frame charges against Ingabire. In his appeal Vital had pointed out that he had requested a more lenient sentence because he had pleaded guilty and has apologised for his actions. The prosecution retorted that he had nothing to complain about because his sentence had been reduced to four years and six months instead of ten years and that he would serve only three years and six months in jail. The prosecution rejected the argument made by Vital the charges used against him did not apply to his former colleagues of the armed group FDLR who were repatriated to Rwanda following an agreement between Rwanda and the Democratic Republic of Congo.
In her appeal Victoire pointed out that the incarceration of Vital in violation of the terms of the agreement between Rwanda and Congo was an indication that the government wanted to use him against her. Ingabire added that the Rwanda had also ignored the agreement it had signed with the Dutch Government with regard to evidence collected by that country in relation to her case. She reiterated the fact that she had been cleared of all the charges that the prosecution had presented to the court at the time of her first court appearance. She pointed out that the charges of high treason and denial of genocide were never mentioned during the time of investigations or raised by the Prosecution before the trial started. She equally pointed out the contradictions observed in the prosecution witness statements and the fact that it was shown that the e-mails used as evidence had been forged.
The prosecution will continue with its submissions on the 8th of July 2013.
Interim Vice President
Uyu munsi rero ubwo urubanza rwasubukurwaga umucamanza yasabye abarebwa n’urubanza kugira icyo bavuga ku bikubiye muri iyo baruwa ya minisiteri y’ingabo yemezaga ko Angelus akorera igisirikare akaba ashinzwe umutekano muri iriya nkambi. Muri iyi baruwa ariko ntihagaragaramo niba uyu musirikare akorera urwego rw’iperereza bavuga ko ari umusirikare gusa. Mu rubanza rwa Ingabire hakaba harakunze kuvugwamo inzego z’iperereza kuba arizo zacuze uyu mugambi wo kumuhimbira ibyaha no gutoza abamushinja. Me Gatera Gashabana abajijwe icyo atekereza ku bikubiye muri iyi baruwa ndetse n’ubuhamya bwa Angelus yavuze ko hari ibyo bita amabanga ya Leta « secrets d’Etat » kandi abakorera leta bose banahembwa nayo cyane cyane inzego z’umutekano bakaba batemerewe kuba bavuga ayo mabanga kubera ingaruka byabagiraho.
Ubu buhamya bukaba aribwo bwari bumaze iminsi bugibwaho impaka kuburyo ubushinjacyaha bwari bwageze naho busaba ko abunganira Ingabire bavuga uko bahuye n’abatangabuhamya b’uwo bunganira ndetse n’ibyo baganiye. Ubushinjacyaha bwageze naho burengera buvuga ko umunyamategeko Gatera Gashabana nawe akorana na FDLR . Aha Umunyamategeko Gashabana akaba yarabwiye urukiko ko izi mvugo z’ubushinjacyaha zigamije kumutera ubwoba no kumutoteza. Gashabana yibukije urukiko ndetse n’ubushinjacyaha ko amategeko y’uRwanda abemerera uburenganzira bwo kubonana n’abatangabuhamya bashinjura abo bunganira kandi ko nta muntu ufite uburenganzira bwo kubategeka kuvuga ibyo baganiriye. Gatera yanabwiye urukiko ko biteye isoni kubona ubushinjacyaha bufata umwunganizi mu ma tegeko nk’uregwa mu rubanza kugeza nubwo bumufata nk’ushinjwa.
Nyuma yo kumva ibijyanye n’abatangabuhamya urukiko rwasabye ko urubanza rukomereza mu kindi cyiciro cy’urubanza maze ijambo rihabwa ubushinjacyaha ngo bukomeze busubiza ubujurire bwose b’abaregwa. Mu bujurire bw’abareganwa na Ingabire,Capitaine Karuta Jean Marie Vianne yahakanye ko nta mutwe wundi yigeze abamo uretse FDLR ko umutwe CDF bamushyiramo bakanawita uwa FDU-Inkingi ko atawuzi. Ubushinjacyaha bwo buravuga ko ibyo avuga nta shingiro bifite ngo bushingiye ku rugendo yagiriye i Kinshasa.
Lieutenant Colonel Habiyaremye Noel mu bujurire bwe avuga ko yahaniwe umutwe w’ingabo utariho kandi itegeko rihanira uwagiye mu mutwe w’ingabo uzwi wanabayeho,akanavuga ko yahanishijwe ingingo z’amategeko basa n’abagenekereza ku ngingo ebyiri zitandukanye harimo ingingo ya 165 n’iyi 163.Lieutenant Colonel Nditurende Tharcisse nawe mu bujurire bwe avuga ko umutwe wa CDF utigeze ushingwa,nta kimenyetso na kimwe kiwerekana nta n’ibikorwa wigeze ukora cyangwa ngo nawe hagire igikorwa icyo aricyo cyose yakoze muri uwo mutwe ubushinjacyaha bwerekanye. Nyamara ubushunjacyaha bwo bwashubije ko yari afite igitekerezo ko ndetse yanagiye no mu mishyikirano yo kuwurema.
Mojoro Vital Uwumuremyi ufatwa nk’ipfundo rikomeye mu guhimba,no gushaka abandi bashinja Ingabire ndetse Ingabire n’abamwunganira bakaba barerekanye ibimenyetso byuko ariwe wakoranye n’inzego z’eperereza muri uriya mugambi mubisha. Mu bujurire bwe avuga ko yahanishijwe igihano kinini ko atakamba ngo azagabanyirizwe igihano kubera ko yemeye icyaha akanasaba imbabazi nyamara ubushinjacyaha bwavuze ko ibyo avuga nta shingiro bifite kuko yagabanyirijwe igihano kikava ku myaka icumi kikagera kuri 4 n’amezi 6 ndetse akaba yari yarahawe n’insubika gihano yo gufungwa imyaka itatu n’emezi atandatu gusa. Ubushinjacyaha bwanateye utwatsi ibyavuzwe na Vital byo kuba yarahanwe n’ibyaha bitabazwa abandi barwanyi batahutse nkawe bava muri Congo hashingiwe ku masezerano yabaye hagati ya Leta y’u Rwanda na leta ya Congo Kinshasa.
Mu bujurire bwa Ingabire Victoire naho hagarukamo Ikurikiranwa rya Vital nk’umuntu wari umurwanyi wa FDLR kandi hari amasezerano hagati y’uRwanda na Kongo yabibuzaga ibi bikaba byerekana ko byirengagijwenkana hagamijwe kumugerekaho icyaha atakoze. Ingabire anavuga iby’ibimenyetso bwavuye mu buhorandi bigakoreshwa mu buryo bunyuranye n’amasezerano Leta y’u Rwanda yari yagiranye na Leta y’Ubuhorandi. Ingabire kandi anagaruka ku buryo yahanaguweho ibyaha byose yari yashinjwe n’ubushinjacyaha agahamywa ibyaha bishya bibiri (icyaha cy’ubugambanyi ndetse no gupfobya Genoside) atigeze abazwaho haba mu bugenzacyaha ndetse no mu bushinjacyaha. Ingabire anagaruka ku ivugaruzanya ry’ibimenyetso bimushinja haba mu mvugo z’abamushinja ndetse no mu bindi bimenyetso birimo n’inyandiko za mail zigaragara ko ari inkorano.
Ubushinjacyaha bukaba buzakomeza ijambo tariki ya 8 Nyakanga 2013 ubwo urubanza rusazubukurwa busobanura icyo buvuga ku bujurire bwa Ingabire.
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Kigali 25th June 2013