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International Justice Tribune
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Arusha, Tanzania
Arusha, Tanzania

Bishop Musabyimana declares himself innocent

Published on : 31 May 2001 - 11:00pm | By International Justice Tribune
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On 2 May, Samuel Musabyimana pleaded not guilty to the criminal charges against him. He also complained of « brutality » and the violation of his rights during the arrest on 26 April. This time, the catholic Church is not in the dock. But it is not far from anyone's mind. Draped in his crimson religious habits, Samuel Musabyimana is not appearing as a simple man before the International Tribunal for Rwanda. He is a representative of the Anglican Church and wishes to emphasise it. The scene created some curiosity on Wednesday 2 May in Arusha. The public gallery was filled with employees of the ICTR making fleeting visits. It is rather rare to see a man in sacerdotal habits before a judge. It is exceptional to see one indicted for such crimes as genocide, conspiracy to commit genocide and crimes against humanity, specifically extermination. Mgr Musabyimana soberly pleaded not guilty to these charges after the ten page indictment had been read out to him. Remaining concentrated, often resting his head in the palm of his hand, or both, the former Secretary-General of the diocese of Butare, who later became Bishop of the diocese of Shyogwe, had difficulty concealing his emotion when the registrar read out the passage of the indictment alleging the Bishop declared that the Tutsis were finished while the Rwandan genocide was in full swing. The hand of the accused began to tremble, his half-open lips murmured an inaudible word or prayer. A minute later, having regained his control, he took a handkerchief from his immaculate robe. He regularly looked the representative of the registry straight in the eyes, as the man standing before him read out the charges.

A Call for Christian Solidarity
Before the hearing, Samuel Musabyimana tried to occupy his thoughts by reading something resembling a bible. After having been charged, he made a short declaration before Judge Sekule. He began by denouncing the « brutality » he claims to have suffered on 26 April, during his arrest in Nairobi. Since then, his counsel in Kenya has brought the case before the Kenyan tribunals. He also claims not to have been informed of his rights, and that the arrest warrant presented was irregular. In court, he added: « I was arrested by individuals who refused to identify themselves, show me the arrest warrant or indicate on behalf of whom they were acting. My domicile was violated, searched and certain family effects were taken, including the identity papers of my visitors. My office was ruined, the equipment and files were removed without inventory. I refuse to believe that your tribunal approves such violations. I hope that it will re-establish my rights. » Then the petition became a speech. To his Church brethren he asserted his innocence. « Let them rest assured that there is no blood on my hands! My conscience is clear. » He called for Christian solidarity, quoting the example of Bishop Misago, tried for genocide in Rwanda and finally acquitted a year ago. He also proclaimed his solidarity with his « brother Elizaphan Ntakirutimana », an Adventist parson from Kibuye, also accused by the ICTR and imprisoned with him in Arusha. Finally, he expressed a thought « for all the victims of the Rwandan tragedy ». But he also mentioned those for whom he prayed: « Rwandans imprisoned and accused of all sorts of crimes, in Rwanda, Belgium, here in Arusha and elsewhere ». Logically, Samuel Musabyimana finished by placing his confidence in the god he serves. As for the controversial circumstances of his arrest, Judge Sekule postponed the debate to a later hearing. Between men of the robe, precedence remains.

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