Regional
Why Paul Rusesabagina deserves a life sentence
Josephine Mukashyaka, was widowed at a tender
age of 38. The then housewife was left alone to single-handedly provide for two
children after the sole breadwinner of the family was mercilessly killed by the
FLN militia group.
Her children will never have the privilege of
growing up with a father figure in their lives. And that is courtesy to Paul
Rusesabagina, the man who has on several occasions accepted to have brought
together the coalition of parties that established the militia group.
For many families in south-western Rwanda,
life will never be the same. The nightmares of these attacks in which they lost
loved ones while others sustained injuries will stay with them for a very long
time.
Rusesabagina was later arrested and had his
day in court.
At the beginning of the trial, he showed
signs that he may eventually atone for his crimes. But as the case progressed,
and faced with overwhelming evidence pinning him on the atrocities he
masterminded, he recoiled and decided to boycott trial.
Boycott he did and as the rules of procedure of
Rwandan courts prescribe, the trial continued in his absence. When the final
verdict on first instance was pronounced by the high court, it was not
surprising that it was a guilty one.
What however surprised many – and perhaps
Rusesabagina himself – was the significantly reduced sentence of 25 years in
prison.
For the crimes he stood accused, and backed
by the overwhelming evidence presented, and going by the fact that there was no
mitigating circumstances, this sentence was very unfair to the victims.
If anything, in his case, there were
aggravating circumstances, because there was no sign of atonement or any other
factors on which court in its wisdom can base on to give him a reduced
sentence.
Fortunately, for the victims of atrocities
committed by FNL and its political wing, MRCD, there is still a chance for them
to get the justice they deserve.
The prosecution lodged an appeal against the
sentence. Justices at the Court of Appeal are currently in deliberation after
proceedings were concluded in February 2022. The ruling is due in slightly over
a week.
Rusesabagina once again missed the
opportunity to probably present himself before the appellate court and probably
seek apology for his atrocities.
It would therefore be unfair to the victims
if he does not get the maximum sentence prescribed for the crimes for which he
was convicted, a life sentence, in my opinion.
The mitigating factors are well known on
which judges may base to reduce the sentence of an accused person. None of them
was met by Rusesabagina.
It actually sets a bad precedent for those
out there who are plotting against Rwanda because, if the architect of the
heinous atrocities can get such a sentence, how about the foot-soldiers? It only
emboldens them.
I believe in Rwanda’s justice system and I
know in their appreciation, they will make the right judgement and pass a
judgement that is commensurate to the crimes committed.
That is the justice that Mukashyaka and her
children, and all those who fell victims of FLN militia attacks, yearn for, and
which will probably give them closure.