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[RwandaLibre] The Globe And Mail: Court upholds Canadian conviction of Rwandan war criminal

 

Court upholds Canadian conviction of Rwandan war criminal

SIDHARTHA BANERJEE
MONTREAL — The Canadian Press
Published Wednesday, May. 07 2014, 2:04 PM EDT
Last updated Wednesday, May. 07 2014, 2:09 PM EDT

The first person ever found guilty under Canada's war-crimes
legislation has failed in an attempt to have his conviction
overturned.

The Quebec Court of Appeal said Wednesday it has upheld the conviction
against Rwandan war criminal Desire Munyaneza.

Munyaneza's trial heard he raped women, participated in the slaughter
of hundreds of people inside a church and used sticks to beat children
tied up in sacks.


He was found guilty in May, 2009, of several charges relating to rape
and civilian massacres in Rwanda and later sentenced to the maximum
life in prison.

His lawyers filed an appeal almost immediately thereafter.

In a decision released Wednesday, the province's highest court
dismissed the multipronged appeal of the landmark verdict.

"In the court's opinion, these arguments have no merit," the appeals
court ruled.

Munyaneza appealed on several grounds, alleging poorly defined
charges, irregularities and misrepresentations by the trial judge and
a lack of credibility in Crown witnesses.

But the three justices who listened to the arguments over three days
in April, 2013, picked apart the arguments of Munyaneza's lawyers and
said it was clear he played a central role in the crimes.

"Almost all of the Crown witnesses, who for the most part were in no
way connected with each other, stated that the appellant acted as a
leader during the events that took place in the Butare prefecture
between April and July of 1994," they wrote. "That is why the [trial]
judge found that he was 'at the forefront of the genocidal movement'.

"Instead of refraining and refusing to take part in the genocide, he
chose to participate actively as Interahamwe [Hutu militia] leader and
as a member of the local elite."

The offences took place in and around Butare, where Munyaneza, the son
of a wealthy local businessman, was an influential figure. They were
part of the tragic events surrounding the genocide of 800,000 Rwandans
– mostly minority Tutsis and moderate Hutus, between April and July,
1994.

Munyaneza arrived in Toronto in 1997 seeking refugee status but his
claim was rejected. He was arrested by the RCMP at his Toronto-area
home in 2005 and eventually convicted on seven charges related to
genocide, war crimes and crimes against humanity.

In October 2009, Munyaneza was sentenced to life in prison without
parole for 25 years, despite pleading for leniency on the issue of
parole eligibility.

With time served, Munyaneza was expected to be eligible for parole at
the earliest in 2030.

The appeals court ruling also confirms the validity of the country's
war-crimes legislation, which was under the microscope during the
expensive, secretive and lengthy trial.

Quebec Superior Court Justice Andre Denis oversaw the two-year case
and heard from 66 witnesses in court proceedings that were held in
Canada, Europe and Africa.

Many of those witnesses were heard behind closed doors and had their
identities hidden to shield them from reprisals.

The Munyaneza case has been followed intently by international legal
observers as it was the first test of prosecuting someone in a
Canadian court for crimes committed abroad.

Munyaneza was convicted under Canada's Crimes Against Humanity and War
Crimes Act, enacted in 2000.

http://www.google.ca/gwt/x?gl=CA&hl=en-CA&u=http://www.theglobeandmail.com/news/national/court-upholds-canadian-conviction-of-rwandan-war-criminal/article18525195/&source=s&q=Appeals+court+upholds+Rwandan+war-crimes+conviction&sa=X&ei=UJpqU5HXNoiXyATSl4KwDg&ved=0CBwQFjAA

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