Rwanda: Sentencing of human rights defender Francois-Xavier Byuma

Your Excellency

I am concerned following reports of the sentencing of human rights defender Francois-Xavier Byuma to 19 years in prison on 18 August 2007. He was found guilty of genocide-related charges on the basis of inconsistent evidence in an unfair trial. Francois-Xavier Byuma works for Turengere Abana, l’Association Rwandaise pour la Protection et la Promotion de l’Enfant (Rwandan Association for the Protection and Promotion of the Child).

On 18 August 2007, an appeal court upheld a decision to sentence Francois-Xavier Byuma to 19 years in prison for genocide-related charges for participating in weapons training during the 1994 genocide. The initial trial took place under the auspices of the community-based judicial system known as gacaca, established as a means of trying those accused of participating in the 1994 genocide. According to reports, Francois-Xavier Byuma's trial was based on inconsistent evidence and included one witness statement that claimed that he had assaulted a woman during the genocide. During the appeal, Francois-Xavier Byuma defended himself by presenting court records establishing that the same witness had testified in court four years earlier that another individual had committed the crime. He also explained that the court failed to hear testimonies from some of the witnesses whom he had called to speak in his defence.

Furthermore, the judge who presided over the trial at the gacaca community court in Bilyogo, Kigali, has been under investigation by Turengere Abana for allegedly raping a 17-year-old girl. In accordance with the rules of the gacaca court, judges who have had a past conflict with an accused are required to step aside. No reason was given by the appeal court for the decision or for the fact that Judge Imanzi was permitted to preside over the case. Francois-Xavier Byuma was allowed to testify at the trial, however the judge reportedly cut him and other defence witnesses short as they were testifying. The trial was postponed on three occasions. Francois-Xavier Byuma subsequently requested a review of the decision, which is permitted under gacaca rules, when a judgment conflicts with that given in a conventional court or when new evidence is brought to light. I am extremely concerned that Francois-Xavier Byuma was not afforded a fair trial.

I urge the authorities in Rwanda to:

1. Ensure that Francois-Xavier Byuma receives a fair trial before an impartial tribunal, guaranteeing that the judges presiding over his case are fully independent;

2. Ensure the physical and psychological integrity of Francois-Xavier Byuma whilst in detention.

Yours sincerely