Read the original article: Recent African Court Ruling Spells Trouble for Rusesabagina and Rwanda
Portrayed as a hero in the 2004 Oscar-nominated film Hotel Rwanda, Paul Rusesabagina has recently been charged with terrorism in Rwanda, sparking international outrage. Rwandan authorities arrested Rusesabagina in August 2020 after he fell victim to an elaborate ruse organized by the country’s spy chief. The European Union and various human rights organizations have condemned the operation as a forced disappearance and accused Rwanda of committing numerous fair trial rights violations since his trial began in February. A bipartisan group of more than three dozen members of Congress pleaded for the humanitarian release of Rusesabagina, a 66-year-old cancer survivor who also suffers from a heart condition and hypertension. President Biden’s State Department has also announced that it is engaging with Rwandan leaders to ensure a fair judicial process.
Yet even as the ongoing trial of Rusesabagina has attracted substantial attention, a consequential decision by the African Court on Human and Peoples’ Rights has received scant focus in the Western media. Léon Mugesera v. Republic of Rwanda concerns a convicted génocidaire who alleged various violations of his right to a fair trial as well as his physical and mental integrity. An analysis of the African Court’s decision in Mugesera can provide additional insight on the implications of Mugesera not only for the Rusesabagina trial but also for the status of human rights and the stability of the rule of law in both Rwanda and on the African continent as a whole.
The Origins and Operations of the African Court
The African Court is the judicial arm of the African Union and was established under Article 1 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights. It entered into force on Jan. 25, 2004, after it was ratified by more than 15 countries. In December 2020, the Democratic Republic of Congo became the most recent country to ratify the protocol, bringing the total number of countries having ratified it up to 31. The court’s overall mission is to strengthen human rights protection systems in Africa.
The court’s jurisdiction extends to all cases concerning the African Charter, the protocol or any other human rights instruments ratified by the states involved. Cases may be referred by the African Commission on Human and Peoples’ Rights, states parties and African intergovernmental organizations. Countries may also choose to permit individuals as well as nongovernmental organizations to directly access the court, but only six countries have currently taken this step.
Under the protocol, the court comprises 11 judges elected by the African Union from “among jurists of high moral character and of recognized practical, judicial or academic competence and experience in the field of human and peoples’ rights.” They must be nationals of countries within the African Union, and there may not be two judges from the same country at any one time. These judges serve six-year terms and may be reelected only once. Importantly, the court is permitted to formulate its own rules and procedures. Judgments are made by a majority of judges, and the majority is required to provide reasoning for its decisions. States parties then commit to comply with the judgments as stipulated by the court.
Background, Analysis and Holding of Mugesera
Léon Mugesera was convicted of incitement to commit genocide and sentenced to life in prison in April 2016, largely on the basis of a major public speech in which he called for the extermination of the Tutsis. In the book “We Wish to Inform You That Tomorrow We Will Be Killed With Our Families,” an important early work on the Rwandan genocide, Philip Gourevitch argued that this speech was a crucial foundation for the genocide. Mugesera has sought relief in Rwandan courts in addition to the African Court.
Mugesera claimed that Rwanda violated his rights to a fair trial, specifically his rights to defense and legal assistance as well as his right to be heard by an independent and impartial court. Additionally, Mugesera alleged that Rwanda had subjected him to cruel, inhuman and degrading treatment; violated his physical and mental integrity; and violated his right to family and information. Mugesera urged the African Court to order his r
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Read the original article: Recent African Court Ruling Spells Trouble for Rusesabagina and Rwanda