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FLN Trial: Prosecution Appeals

by Edmund Kagire
5:05 pm

Rusesabagina and former FNL Spokesperson Callixte Nsabimana sit side by side in previous appearance. Prosecution has appealed.

The National Public Prosecution Authority (NPPA) has says it has appealed some of the decision in the case involving Callixte Nsabimana, Paul Rusesabagina and 19 others who were handed various sentences by the High Court Chamber for International and Cross-border crimes on September 20.

Following the verdict, the Prosecution Spokesperson, Faustin Nkusi, said at the time that while they were dissatisfied with some of the decisions court made and would likely appeal. Now the Prosecution has confirmed that it appealed the court decision within the 30 days stipulated in the law.

“The National Public Prosecution Authority has filed an appeal against the judgement of the High Court of 20 September 2021, in the case of NSABIMANA Callixte alias Sankara and co-accused,” the body tweeted on Wednesday.

Following the verdict on September 20, Prosecution expressed its dissatisfaction with the ruling during which Nsabimana was handed 20 years while Rusesabagina got 25 years after they were found guilty on terror-related charges. Prosecution however recognised the fact that none of the defendants even though some of the sentences were lenient.

Nkusi said the Prosecution was happy with the court decision particularly on the issue of compensating victims, where court ruled in favour of the defendants jointly compensating those who were affected by the attacks but added that they were not very happy with other decisions, where some of the evidences we submitted were not considered.

Court also ruled in favour of compensation of the victims who were affected by the attacks, including families that lost their loved ones, those injured in the attacks between 2018 and 2019 as well as transport companies whose vehicles were torched by the FNL militia inside Nyungwe.

“We will take time to read the court decision and decide on the next move but we will be interested in understanding why some of the facts and evidence we submitted as well as testimonies, including evidence obtained through judicial cooperation with some European countries, was not given due consideration,” Nkusi told Journalists after the ruling.

Vincent Nsengiyumva, the former Executive Secretary of Nyabimata Sector, who was shot by the rebels and his car set ablaze, said that majority of the civil litigants would appeal the court decision, which left many of the affected without any compensation, while those who were rewarded damages also felt that the court was inconsiderate in allocating the compensation.

“From the discussions we’ve hard so far, many of us are going to appeal the court decision. We feel our concerns were disregarded and we will appeal as soon as possible,” Nsengiyumva said.

There were over 90 civil parties in the cases, mainly residents of the districts of Nyaruguru, Nyamagabe, Rusizi and Nyamasheke, which were impacted by the attacks as well as travelers who were caught in ambushes in Nyungwe Forest.

According to the Judiciary Spokesperson, Harrison Mutabazi, several parties in the case, including civil parties and the convicts, have appealed. More details will be shared once they are fully captured.

All parties involved had 30 days to appeal which elapsed yesterday, October 19.


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