23 septembre 2009

GENERAL JAMES KABAREBE IS THE OBJECT OF A NEW MOTION SEEKING THE RELEASE OF LAURENT NKUNDA BUT THE REGISTRAR OF THE MILITARY TRIBUNAL IN KIGALI REFUSES TO TAKE POSSESSION OF IT

On Friday 18 September 2009, Counsel representing Laurent NKUNDA visited the Military Tribunal in Kigali with the aim of filing a new motion seeking the release of Laurent NKUNDA MIHIGO, detained illegally by the Rwanda Defense Forces (RDF) since 23 January. 

Whereas in any State governed by the Rule of Law, a motion filed before a tribunal will be considered by the judges – who exclusively have the power to grant or to reject it – this is not the case within the Republic of Rwanda.

Indeed, against all odds, the Registrar of the Military Tribunal refused to take possession of the motion seeking the release of Laurent NKUNDA for its onward submission to the judges.

General James KABAREBE, Chief of the Defense Staff and Commander of the Rwanda Defense Forces, is the object of this new motion as the officer responsible for the illegal detention of Laurent NKUNDA, which probably explains the stance taken by the Registrar of the Military Tribunal.

Of course, Counsel for Laurent NKUNDA intent to carry on seeking the release of Laurent NKUNDA through all means.

According to Counsel representing Laurent NKUNDA: “The arbitrary detention of Laurent NKUNDA has lasted much too long. If the Republic of Rwanda is governed by the Rule of Law, the Judiciary must assume its responsibilities. General KABAREBE must be assigned to appear in court, along with Laurent NKUNDA, for the purpose of verifying the legality his detention. If his detention cannot be justified, he must be released forthwith.”

Consequently, as early as Monday 21 September 2009, a new motion will be filed before the High Military Court in Kigali.

The Constitution of the Republic of Rwanda provides that liberty of the person is guaranteed by the State (article 18).

Any person deprived of liberty must be presented before a judge without delay for the purpose of being informed of the reasons justifying his arrest, which must be confirmed by a tribunal. These are fundamental rights guaranteed by the International Covenant on Civil and Political Rights (ICCPR), the African Charter on Human and People’s Rights and the Constitution of Rwanda.

FOR IMMEDIATE RELEASE

 Requests for further information should be directed to Laurent NKUNDA Mihigo’s family at the following address: famillenkunda@gmail.com.