Photo/FILE Before her assignment in The Hague, Ms Bensouda was a senior prosecuting counsel in the case in which top Rwandese military officers Anatole Nsengiyumva and Théoneste Bagosora charged with genocide, crimes against humanity and war crimes.
By SUNDAY NATION Reporter and Agencies newsdesk@ke.nationmedia.com
Posted Saturday, December 17 2011 at 22:30
Posted Saturday, December 17 2011 at 22:30
Two Kenyan lawyers scored a victory against incoming International Criminal Court prosecutor Fatou Bensouda last week when the Arusha-based tribunal for Rwanda ordered the release of their client.
Before her assignment in The Hague, Ms Bensouda was a senior prosecuting counsel in the case in which top Rwandese military officers Anatole Nsengiyumva and Théoneste Bagosora were charged with genocide, crimes against humanity and war crimes.
This was Bensouda’s last case before she was appointed deputy prosecutor at The Hague-based court. The two officers were accused of masterminding the 1994 genocide.
The tribunal’s appeals chamber last Wednesday ordered Nsengiyumva’s release after reducing his life sentence to 15 years. It also reduced a life sentence imposed on Bagasora to 35 years. (UN court reduces life term of ex-Rwandan army officer)
Nsengiyumva was represented by Mr Ken Ogeto and Mr Otachi Bw’Omanwa, who are currently involved in Kenya’s cases before the ICC.
Mr Ogeto acts for Head of Public Service Francis Muthaura while Bw’Omanwa represents former police commissioner Hussein Ali who are facing crimes against humanity allegations at the ICC.
The two lawyers argued the Rwandan case against a prosecution team comprising Ms Bensouda, who is replacing Louis Moreno-Ocampo next year.
“The release is a demonstration that the prosecution theory was flawed from the outset. The decision of the appeals chamber has vindicated our argument,” said Mr Ogeto.
Lt-Col Anatole Nsengiyumva was Commander of Military Operations for the Gisenyi sector in north-western Rwanda at the time of the genocide in 1994.
In this capacity, he exercised authority over the military in the sector. The prosecution had alleged that Nsengiyumva supervised the training of the Hutu-led movement, the Interahamwe, which killed thousands of Tutsis.
The tribunal found him guilty of genocide, crimes against humanity and war crimes and sentenced him to life imprisonment in 2008.
The case, which lasted more than 15 years, is touted as the longest trial in the history of international criminal proceedings.
But President Paul Kagame, while addressing an annual national dialogue meeting in Kigali last Thursday, accused the tribunal of releasing criminals who had been convicted of genocide.
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