Africa-Press – Tanzania. THE Government of Rwanda has opposed application by 1994 Rwandan Genocide convict, Major Aloys Ntyabakuze who is seeking an early release from the prison.
Ntabakuze who stands convicted of the genocide, crimes against humanity (extermination and persecution) and violence to life was sentenced to 35 years imprisonment and has applied that his jail term be shortened.
But, the Government of Rwanda, through The Minister of Justice and Attorney General (AG) ,Mr Johnston Busingye, wrote the International Residual Mechanism for Criminal Tribunals (IRMCT) President, Judge Carmel Agius, asking him to deny the application given the gravity of the crimes for which the prisoner was convicted of.
In his opposition, the AG urges The Mechanism to remain mindful of the deep scars the Genocide etched onto the psyche of Rwandans who find solace in the knowledge that the IRMCT continues to hold the chief perpetrators of the genocide accountable for their actions. “Many have expressed that they have been and would be unsettled by the prospect of inappropriate early release.
Notably, the vast majority of direct perpetrators were tried by Rwanda because the International Criminal Tribunal for Rwanda (ICTR) jurisdiction was limited; most were individually responsible for fewer atrocity crimes than the more important leaders, and of them, many remain in custody.
“Given Ntabakuze’s role as the commander of an elite battalion that played a significant role in the Genocide, his early release – particularly predicated on his position that his crimes were less grave because he exercised command authority over others but did not directly perpetrate killings – would surely be highly disturbing.
Even more so, early release in this instance would foster an impression that highly ranked government and military officials benefit from a leniency not afforded to other Rwandans who committed atrocities at the behest of these leaders. For the foregoing reasons, GOR urges the President to deny Ntabakuze’s application,” said the minister.
In his personal statement, attached to his petition for early release, Ntabakuze attempts to minimize the part he played in the massacres, insisting that he did not give any order to kill anybody and that he was not present on the site of these crimes. But the AG says the assertions are misleading, ultimately and irrelevant.
His revisionism is transparent and unpersuasive. Ntabakuze’s release date is 18th July 2032 and he has 11.25 years remaining on his sentence.
The minister says that there is no prisoner in the history of the IRMCT or the ICTR, with the lone exception of a prisoner with a terminal illness, has ever been released with so many years left to serve.
Major Ntabakuze who was a commander of the Para Commando Battalion received one of the longest sentences in the history of the Tribunals for a reason.
He was among the most powerful men in the Rwandan Armed Forces during the Genocide against the Tutsi. He has been judged that he had an effective control over an elite unit that committed heinous atrocities during the first few weeks of the Genocide.
He knew the soldiers under his command had a genocidal intent and he had an advanced knowledge that they were about to slaughter the Tutsi. He did nothing to stop them so that the massacres proceeded with his approval.
The Appeals Chamber characterised his offences as extremely serious crimes, found it appropriate to sentence him to 35 years in prison. The AG says that Ntabakuze has not presented a compelling reason to disturb the Appeals Chamber’s determination.
Instead, he has shown in his petition for early release that he does not recognise the immense gravity of his own actions, so his petition should be denied
