The continued detention of Anastase HAGABIMANA in Kigali Maximum Prison is both arbitrary and unlawful.
Since the last ruling by Nyarugenge Intermediate Court that sent UDF-INKINGI Coordinator in Rwanda Anastase Hagabimana to remand on May 3, 2011 for thirty days, he’s maintained in prison in total violation of all legal provisions regulating provisional detention in Rwanda.
On top of the fact that the Prosecution keeps changing the accusations levelled against him, A. Hagabimana was supposed to be produced in Kigali High Court today but his lawyer waited for him in vain. Asked to explain the reasons of this scandalous attitude, the Registrar replied that the High Court didn’t summon him for the simple reason that the High Court doesn’t even have any trace of his file. It’s clear that Hagabimana’s continued detention is completely arbitrary.
We recall that when he was first arrested on April 20, 2011 Police statement indicated he was arrested for incitement to public protests. This charge was later changed into that of endangering State security. It’s on this new charge doctored by the Prosecution that he was remanded to Kigali Maximum Prison for 30 days pending further investigations. This delay has expired since June 03, 2011. Since then, A. Hagabimana is detained totally illegally.
According to the lawyer, since the offence of endangering State security falls under the High Court unlike the first one that could be handled by lower jurisdictions, the Prosecution would have transmitted his file to the High Court seeking extension of his provisional detention or else his release since they have no evidence to maintain him in prison. Prosecution had to do it before June 3, 2011, which they never did.
At two occasions, the first time on June 28, 2011 and thereafter on July 6, 2011, it’s quite incidentally that Hagabimana discovered that the Hight Court had never been approached by the Prosecution. He decided to logde a lawsuit with Kigali High Court against his illegal detention. All informations gathered around Hagabimana’s case show that Prosecution sent his file in oblivion with the dire consequence that he’s rotting in prison arbitrarily.
Once again, the RPF government shows that they violate their own laws when it comes to silencing dissenting voices.
Hagabimana Anastase should simply be released immediately and unconditionally since it’s clear that there’s no ground to his continued detention.
Brussels, July 18, 2011
Dr Jean-Baptiste MBERABAHIZI
Secretary General and Spokesperson