Dr. Joseph Nkusi, who was recently extradited from Norwey will on Monday be appearing before court in Kigali. He is accused of Genocide Ideology, ethnicity, and encouraging people to strike.
On his own blog page, Nkusi uded to both criticising the government of Rwanda and spreading hatred messages, denying genocide perpetrated against Tutsis in 1994.
His trial is said to be the government’s opportunity to show the difference between genocide ideology as a crime tried by Rwandan law and freedom of expression by criticising the government or a ruling political party.
Nkusi has lived in Norway since 2009 and 2016 but was refused asylum, because he had no proof that he could face any of violence in Rwanda. Norweian authorities decided to send him back to Rwanda and was therefore deported on October 08th, 2016.
Rwandan Justice immediately arrested him and started to interrogate him on his recent blog posts and his political activism. He was later taken to Kimironko Prison, according to Rwandawire’s reports.
Some of the posted on Nkusi’s blog known as ‘Shikama’, there is where he wrote that calling massacres committed in Rwanda a ‘Genocide’ is baseless, by giving an example of reference that both Tutsis and Hutus were all under chase in what he calls “double Genocide,’
He says this was an attack against Genocide survivors and it is thought to be different from research findings from Human Rights Watch and other NGOs.
Rwandan Law states that Genocide ideology is an act done in public willinlgy where one is characterized by divisionism based on ethny, religion, country or race.
Although Nkusi documents were badly kept, Rwand’s legal body is responsible for doing their best so that he gets justice, and ensure that he will not be charged for making criticisms against the government or the ruling political party.
According to laws of Rwanda, eroding and misleading the public about Genocide is an offense. Details are found in articles 3, 5 and 6 of The Law n° 84/2013 of 11/09/2013 on the crime of genocide ideology and other related offenses. They define genocide ideology, negation and minimization of genocide.
Article 3 stipulates that Genocide ideology is any deliberate act, committed in public whether orally, written or video means or by any other means.
Article 5 says that any deliberate act, committed in public aiming at: supporting a double genocide theory for Rwanda constitutes negation of genocide.
Article 6 states that downplaying the methods through which genocide was committed, is commiting an offence of minimizing genocide.
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Fred Irakoze& Jean Baptiste Karegeya
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