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Press Release March 14th, 2009
A NEW APPLICATION SEEKING THE RELEASE FROM CUSTODY OF GENERAL-MAJOR LAURENT NKUNDA MIHIGO WILL BE HEARD
BY THE
INTERMEDIATE TRIBUNAL (LE TRIBUNAL DE GRANDE INSTANCE) DE RUBAVU.
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Further to the refusal – without advancing any reason whatsoever – by the Registrar, Innocent KALISA, and the Vice-President, le Général
de Brigade KARYANGO, of the Military Tribunal of Kigali, to accept the filing of a new application seeking the release from custody of
Laurent NKUNDA by his Counsel - initially on Thursday 12 March and then again on Friday 13 March - the new request was filed and
accepted by the Intermediate Tribunal (Tribunal de Grande Instance) of RUBAVU.
The Intermediate Tribunal (Tribunal de Grande Instance) of RUBAVU is the Tribunal having jurisdiction which is the closest to the location
where Laurent NKUNDA is maintained in captivity, for more than 45 days, without being presented to any Judge with a view to allowing
him to be informed of what, if any, the charges laid against him are.
Indeed, this application rests on new facts and information, which made it possible to confirm that General NKUNDA, detained unlawfully,
is in the hands of, and being guarded by the Rwanda Defence Forces (RDF), in GISENYI.
Consequently, this new application is directed at the Minister of National Defence, General Marcel GATSINZI, and the Chief of the Defence
Staff of the Rwanda Defence Forces (RDF), General James KABAREBE, as the officers responsible for the unlawful detention of Laurent
NKUNDA MIHIGO.
Considering that the application alleges the arbitrary detention of Laurent NKUNDA MIHIGO, in violation of the fundamental rights of any
person present on the territory of the Republic of Rwanda – recognized internationally by, amongst others, the Universal Declaration of
Human Rights (Article 9), the International Covenant on Civil and Political Rights (Article 9(1)), the African Charter of Human and People’s
Rights (Article 6) as well as by the Constitution of the Republic of Rwanda (Article 18) – Counsel for Laurent NKUNDA requested that it be
heard on an urgent basis.
In this regard, it is useful to recall that habeas corpus applications are normally heard within 24 hours.
Pursuant to the terms of Article 89 of the Code of Criminal Procedure, which governs this type of application in Rwanda, Counsel
representing Laurent NKUNDA has requested that the Minister of National Defence, General Marcel GATSINZI, and the Chief of the
Defence Staff of the Rwanda Defence Forces (RDF), General James KABAREBE, be assigned by the Tribunal for the hearing of the
application.
Furthermore, in accordance with Article 89, General GATSINZI and General KABAREBE should be called upon to attend the hearing along
with the person detained, namely Laurent NKUNDA MIHIGO.
Requests for further information should be directed to Mrs Élysée Maheshe Nkunda at + 250 78 340 53 95
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