Court Orders Parties To Address Two More Issues In Murekezi Extradition Case

Vincent Murekezi

The extradition case hearing of the 1994 Rwandan Genocide convict, Mr. Vincent Murekezi has been adjourned to February, 3, 2017 where both State and Defense are expected to make submissions to the court on whether genocide is an extraditable offence or not and if Rwanda is a designated country under the Extradition Act.

Senior Resident Magistrate, Patrick Chirwa directed both parties on Friday evening to address these two issues before the State brings in a witness expected to tender documents from Rwandan Government about the suspect.

Wapona Kita (Defense counsel)

 

This directive came following observation by the defense counsel Wapona Kita who according to their reading said “Rwanda is not there” among the list of designated countries under the Extradition Act. The defense further argues that the Act does not provide Genocide as extraditable offence.

Court also made a ruling in favour of defense position about the correct procedure which the State must follow when bringing to the court some documents from the Rwandan Government about Mr. Murekezi involvement in the 1994 Genocide.

Senior Resident Magistrate Chirwa ruled that the State erred in the way they commenced the proceedings by bringing only sworn documents from Rwandan Government as evidence against Murekezi. In the ruling the court agreed with defense that procedurally the State should have brought witness to give witness to the sworn documents.

The ruling made in the evening on matter on the irregularity in the way the State commenced the case on Friday, came in the morning when the State referred to sworn documents from Rwandan Government as their evidence to kick –start the extradition hearing of Murekezi. However, defense counsel Wapona Kita argued that the proper way was to bring the witness who will tender the documents and be cross-examined.

But before the Magistrate Chirwa adjourned the sitting for the ruling in the afternoon, the State maintained that this matter is not a genocide trial and therefore the state intention to bring those documents which were taken on oath and were duly authenticated was only to provide sufficient evidence to court so that it can make an order of committing the suspect to the Republic of Rwanda.

The Rwandan documents brought in court by the State contains 13 witness statements from victims, eyewitnesses and “some from criminal gang coordinated by the suspect” who are serving various sentences related to 1994 Genocide in Rwanda.

Steven Kayuni the state advocate informed court that the Rwandan documents indicates that the suspect was charged with genocide and accomplice to genocide.

On citizenship status of Murekezi, counsel Kayuni informed court that Murekezi “is a Rwandan citizen and not a Malawian.”

He explained that the documents from Rwandan Government indicates that Murekezi used false and forgery to acquire his Malawian passports and citizenship. He said the Rwandan documents including police clearance which Murekezi provided to Malawi Government when he was applying for Malawian citizenship and passports were “false and forged.”

He said “authorities in Rwanda never issued such clearance when the suspect was applying for the Malawian citizenship and passport" and then indicated that this is why the Rwandese national has also been charged with forgery.

The 1994 genocide convict, Murekezi has been living in Malawi as fugitive and he is accused of spearheading killings of Tutsi in his native Tumba Sector in Huye District during the 1994 Genocide against the Tutsi, in which over a million innocent lives were lost.He was tried and convicted in absentia by a Gacaca court, which handed him a life sentence.

He obtained two Malawian passports and a gun through dubious means and it is not known what he really do in the country.