26th septembre 2009

THE JUDICIAL SAGA OF LAURENT NKUNDA CONTINUES IN RWANDA

The filing of this application was accepted by the Registrar of the High Military Court and a hearing date should be set soon.

It should be recalled that on Friday 18 September, the Registrar of the Military Tribunal in Kigali, refused without any reason and contrary to the recognized procedure, to accept the motion seeking the release of Laurent NKUNDA MIHIGO, which is why his counsel decided, on an exceptional basis, to seize the High Military Court.

Laurent NKUNDA MIHIGO is detained illegally by the Rwanda Defence Forces (RDF) since 23 January. Since he was arrested, his counsels have tried in vain, on many occasions, to have him released due to the arbitrary character of his arrest and detention.

It is noteworthy that the new application filed by Laurent NKUNDA’s lawyers is directed at General James KABAREBE – Chief of the Defence Staff and Commander of the Rwanda Defence Forces – as the officer responsible for his illegal detention.

According to Counsel representing Laurent NKUNDA: “The fact that our application was accepted by the Registrar of the High Military Court gives us hope that the Judiciary within the Republic of Rwanda is now ready to assume its responsibilities. Laurent NKUNDA has been arbitrarily detained for much too long. General KABAREBE must appear before the Judges along with Laurent NKUNDA for the purpose of controlling the legality of his detention. If his detention cannot be justified, he must be released forthwith.”

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.

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FOR IMMEDIATE RELEASE

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