A call for the revision of Protais Zigiranyirazo trial
All the versions of this article:
[English]
[Español]
[français]
[Kinyarwanda]
In 1994, the International Criminal Court for Rwanda (ICTR) was established in accordance with the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. Unfortunately for Rwanda, it was no longer a matter of prevention as the crime had already been committed. The UN, though warned of the genocide preparations, did nothing to prevent it. It was therefore mandated to punish the genocidaires.
Last Monday, November 16th, 2009, fifteen years after the genocide, based on technical grounds, a ruling plea was pronounced ordering an immediate release of Protais Zigiranyirazo. Protais Zigiranyirazo is considered to be amongst the core responsible for the preparation of the genocide against the Tutsi in Rwanda. Not only was he responsible for the recruitment of genocidal militias, he also was amongst those who established the list of all opponents of genocide to be murdered as a matter of priority.
In a previous trial, the ICTR ruled that the main coordinator of the genocide, Colonel Theoneste Bagosora, did not have to respond to the charges of “conspiracy to commit“the crime of genocide. Considering that there had not been any prior agreement to the execution of the crime, the ICTR could actually relax the main individual responsible for this”preparatory" phase of genocide, Protais Zigiranyirazo ... thus denying its mandate: created to try the crime of genocide, the tribunal denies its constitutive basis, having followed the defense in its conclusions, strictly becoming negationist of the historical facts of how the genocide was planned, organized, and implemented.
Will November 16th, 2009 remain amongst the most shameful dates of human history?
On November 16th, 2009, Protais Zigiranyirazo was acquitted by the International Criminal Tribunal for Rwanda based in Arusha (ICTR), which was established for the prosecution of persons responsible for the 1994 genocide against the Tutsis in Rwanda. Otherwise known as “Mr. Z”, Protais Zigiranyirazo is the elder brother of Agathe Habyarimana, the widow of the former President of Rwanda, Juvénal Habyarimana, who died on April 6th, 1994. Mr. Z was considered as the leader of what was called “the clan of “Madame” or “akazu” (“the president’s little house”). He is known for leading what has been called the “Zero Network/ réseau zero” which created the organization of genocidal militias. He is also accused of having called for coordination meetings of genocide in Kigali, but also in the region of Gisenyi, his native prefecture. From April 8th, 1994, Protais Zigiranyirazo led an attack against thousands of Tutsis who took refuge on a hill in the province of Gisenyi, for what could be considered one of the first genocidal massacres that later claimed over a million dead in three months. During the genocide, Protais Zigiranyirazo distinguished himself by ordering the installation of roadblocks designed to “filter” the Tutsi around his various homes, roadblocks that he personally supervised.
If the international justice is unable to fairly try those most responsible for the greatest crime, it is the very principle of law that is being undermined. Listen to Yolande Mukagasana, a genocide survivor, who reminds us that: « Our ancestors say that no one tries the one who is burying him. But to stay positive, they also say that whatever the length of the night, the day will finally appear. »
We, as global citizens and civil society groups concerned by the 1994 genocide committed against the Tutsi in Rwanda, solemnly urge the ICTR to revise this trial.