Arusha — Simeon Nshamihigo, a former magistrate in Rwanda's southwest accused of genocide, started his defense last Wednesday before the International Criminal Tribunal for Rwanda (ICTR), alleging that more than half of prosecution witnesses have lied.

In its preliminary brief, Nsamihigo's lawyer, Mr. Denis Turcotte (Canada), specifically accused fourteen out of twenty-four prosecution witnesses, stating that they "either lied or contradicted their testimony." Mr. Turcottte accused these individuals detained in Rwanda for their participation in the genocide of Tutsis in 1994 of being "criminal witnesses." According to him because of their position, their depositions pose a "moral dilemma."

According to Mr. Turcotte, "the prosecution is not the holder of truth. The only truth that exists at this time is that Mr. Nshamihigo is innocent of all the crimes of which he is accused."

Arrested on May 19, 2001 while working under a false name as an investigator for the ICTR defense, Nshamihigo is accused of massacres of Tutsis in several locations in Cyangugu including at least four churches. His trial stared on September 25, 2006. The defendant has pleaded not-guilty.

Mr. Turcotte has alleged that prosecution witnesses "have themselves said that they hoped to be favourably viewed by judicial authorities in Rwanda following their testimony." According to him, he has promised to call "direct witnesses to the events. They will say that Nshamihigo did not participate in the massacres." Nshamihigo's defense hopes to prove that the defendant rather housed "families and Tutsi friends to protect them."

Mr. Turcotte brought up the vulnerability of the accused in this "grave crisis situation which was dangerous and paralyzing." His home had been attacked, he explained. "Even the senior trial attorney wasn't immune from danger in Cyangugu at this time," pleaded Mr. Denis Turcotte who hopes to call "around fifty witnesses."

Nshamihigo also denies having participated in criminal meetings or having been a leader of the Interahamwe, the youth movement affiliated with the former presidential party considered the spearhead of the genocide. "It is easy to state that Mr. Nshamihigo is an Interahamwe leader. It's another thing to prove it," Mr. Turcotte stated.

With regard to criminal meetings, Nshamihigo's lawyer indicated that his alleged associates had been acquitted by Rwandan courts or by the ICTR for lack of evidence. At the ICTR, Nshamihigo is accused of collaborating with the former prefect of Cyangugu, Emmanuel Bagambiki, already exonerated by the judges.

"What is the significance of the declaration of Bagambiki's innocence?" the lawyer wondered.

Born in Gutare, Cyangugu, Nshamihigo, aged 46, was an inspector for the judicial police from 1979 until 1980, and was then a senior trial attorney in 1994. He worked in Kigali, Kibuye (west), and Cyangugu. The prosecutor alleges that he was recruited by presenting "fake credentials." Nshamihigo rejects these allegations.

The first eighteen witnesses will be heard until May 4. The following session, which will last four weeks at most, will start "immediately or shortly after the end of this (phase)," the presiding judge, Denis Byron (Saint Kitts and Nevis) said during a status conference last Monday. Judge Byron is being assisted by the Burkinabe Judge Gustave Kam and the Czech Judge Robert Fremr.