Kigali, September 20, 2024 – The Rwandan Prosecution has called upon the Court of Appeal to revise the 25-year prison sentence handed to Jean Baptiste Mugimba by the High Court, arguing for a life sentence. Mugimba, convicted of crimes related to the 1994 genocide, appeared in court as prosecutors challenged the leniency of his initial sentence, citing legal flaws in the earlier judgment.
During the proceedings, Mugimba remained calm, showing no visible reaction to the prosecution’s request. Representing the Prosecution, Faustin Nkusi pointed out that the High Court judge failed to provide clear reasons for reducing Mugimba’s sentence from life imprisonment to 25 years. Nkusi argued that under Rwandan law, those convicted of genocide crimes are typically sentenced to life imprisonment.
Nkusi also highlighted that Mugimba, as the former interim Secretary-General of the Coalition for the Defense of the Republic (CDR), held significant influence and could have played a role in halting the massacres that took place in Nyakabanda, a sector of Kigali where he resided. The prosecution emphasized that Mugimba’s conviction should have carried a harsher penalty, as he was found guilty of orchestrating genocide and contributing to the atrocities that devastated the Rwandan population.
The High Court had previously cited two main reasons for reducing Mugimba’s sentence: his cooperation during the trial and the manner in which the crimes were committed. The Prosecution, however, argued that these justifications lacked adequate detail and failed to account for the gravity of Mugimba’s involvement.
In his defense, Mugimba maintained that while he had once been interim Secretary-General of the CDR, he had no power during the genocide, refuting the prosecution’s claims. Mugimba further denied any responsibility for the crimes he was convicted of, asserting his innocence and requesting the court to reconsider his sentence, should it find grounds to do so.
Mugimba’s legal team, led by Gatera Gashabana and Jean Damascene Baradondoza, focused their argument on the reliability of the evidence. They pointed out that the conviction was largely based on the testimony of a single witness, a significant weakness in the case, according to the defense.
The defense also raised concerns about the integrity of the witness testimonies, claiming that several witnesses had been coerced into testifying against Mugimba after enduring torture in prison. These allegations were presented during the initial trial, but the Prosecution countered by asserting that no substantial evidence supported the claims of torture or coercion. Furthermore, the Prosecution accused Mugimba of bribing fellow inmates to secure favorable testimonies, though the defense dismissed these accusations as baseless.
In a dramatic turn, Mugimba claimed that the charges against him were fabricated by individuals seeking to seize his property in Nyamirambo, a suburb of Kigali. He alleged that the accusations were part of a scheme to dispossess him of his assets, including a house in the area.
The original conviction by the High Court’s Special Chamber in Nyanza, Southern Rwanda, found Mugimba guilty of planning genocide and acting as an accomplice to genocide. The final decision on his appeal is expected to be delivered on November 29, 2024.
As the case proceeds, it raises questions about the fairness and transparency of Rwanda’s post-genocide justice system, especially in cases involving high-profile figures like Mugimba. The credibility of witness testimonies, the influence of political affiliations, and the extent of judicial independence will be critical factors in determining the outcome of this high-stakes appeal.
