Two former senior Rwandese military officers have moved to the East African Court of Justice in Tanzania to have their 15-year jail sentences quashed.
Col Tom Byabagamba and Brig-Gen (Rtd) Frank Rusagara had initially been handed 20 and 21 years respectively by the Military High Court in Rwanda but the Court of Appeal in Kigali reduced the sentences to 15 years each.
The charges ranged from incitement of the public against the government, spreading seditious materials and concealing firearms.
In a petition lodged at the EACJ’s sub-registry in Nairobi, the two cited violations of the East African Community Treaty by the Attorney General of Rwanda.
Through lawyer Michael Osundwa, they said the respondent (AG) had failed to release the judgment of the Court of Appeal to parties in disputes, which violates the EAC Treaty on access to justice.
The judgments of the Court of Appeal have been withheld since December 27 last year.
“The information contained in the impugned decision of the respondent’s Court of Appeal is crucial to this court to enable the court make a just determination on all issues,” the petition, filed on March 25, reads.
In November, British MPs wrote to the Rwandan government pleading for the release of the two.
However, Justice Minister Johnston Busingye replied that there was no way the Executive could intervene in judicial matters. Busingye instead asked the UK legislators to respect the country’s system.
The two argue that their continued detention is unlawful and is an infringement of Articles 6, 7 and 8 of EAC Treaty.
They say holding them in solitary confinement in an unrecognised detention site is contrary to the provisions of the treaty and Rwandan law. They are being held at Kanombe Military Police Base.
The two have not been given copies of the judgment since the decision was made, nor typed proceedings, which were conducted in Kinyarwanda.
The petition seeks to compel the Attorney General to immediately and unconditionally release the two. The Attorney General has 45 days to file his response.
Further, Byabagamba wants the court to compel Rwanda to restore his military position. Rusagara retired from the military in 2013.
Before his arrest, Byabagamba was the head of the Presidential Guard unit and was pursuing a PhD course in History.
The two allegedly incited the public to oppose and revolt against the government and committed acts aimed at tarnishing the image of the country.
The two say their trial was a sham because witnesses never corroborated the claims. Rusagara said an apology letter he wrote was never produced during the trial.
Edited by R.Wamochie