The New Times (Kigali) Government Supporting Daily

Rwanda: Nkunda - DRC Backs Reconciliatory Justice

Kigali — DRC Justice Minister Luzolo Bambi Lessa Tuesday while discussing Gen. Laurent Nkunda's fate, said that sufficient progress was made in the quest for "a justice that reconciles, and not a justice of vengeance."

Lessa emphasized this with his Rwandan counterpart - Tharcisse Karugarama, after a meeting which was recommended last March to look into the legal complexities blocking Gen. Nkunda's possible extradition to DRC.

"First of all, we had a fruitful working session. One must not forget that Rwanda and DRC are in the framework of normalizing our relations," Lessa said.

He added: "Normalization is very important for our two countries for having a common vision, for building a better future for our children."

He noted justice is the basis for strengthening the new, good or nascent relations between the two countries despite an "unfortunate problem - of Nkunda."

During the discussion, they examined how the two countries' laws can permit Nkunda's extradition and guarantee human rights concerns.

"You have two laws or two regimes of laws being applied to one person. That normally creates what we call a conflict of laws. The legal complexities involved in this matter have to be examined," Karugarama said, but noted that a legal framework under which the extradition can be done exists.

An existing extradition arrangement between the DRC, Rwanda and Burundi is this framework.

"The family of Nkunda is waging war in the courts and that has an impact on the speed at which examining the extradition request can take place because once there is one legal process going on, you can't entertain another one. Those are delays," ssaid Karugarama.

Lessa explained the type of justice they wanted was a; "a justice that reconciles and, not a justice of vengeance, the African justice," he said referring to "justice under a tree," an African traditional justice system.

"It may not conclude this evening but it might end tomorrow. We are in a mutual process and I don't think it would be a good idea to press us with deadlines. What primarily preoccupies us is the normalization of relations between out two countries."

Stressing that legal issues are not "an overnight affair," like Lessa, Karugarama underlined that the extradition would take time.

"Our experts in law are examining all possibilities so that at the end of the day whatever we do in regard to Nkunda is legal and is supported by the existing legal regimes," Karugarama said.

"The good thing is that the spirit of talking is positive. Both sides understand each others limitations as far as the existing law is concerned."

- Amnesty and neutral country options

In searching for a decision "satisfactory to both sides of the border," Karugarama noted that the amnesty process started in DRC too was being examined.

"We are examining another very important issue - can we place Nkunda in another third country? In another country that is not emotionally or physically or psychologically attached to Nkunda - one that we would call neutral - which is neither Congo nor Rwanda? a neutral country in which he could be placed and then negotiations continue."


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Comments 1 to 5 of 9 Post a comment

  • akech
    May 8 2009, 02:55

    Nkunda was a very valuable proxy killer for the gangsters looting the minerals wealth in the democratic republic of Congo. For that reason, it is difficult to beleve anything bad will come to him because the people whose interests he has been killing for will always protect him owe him a lot! Remember, he has already secured a lawyer speaking on his behalf.

    Remember how long the same gangsters protected Mobutu Sese Seko for letting them loot the minerals in Zaire. At the end of his tenure, Mobutu was sent to Morocco with a very lucarative retirement. Laurent Nkunda will be given the similar consideration. For the gangsters, Nkunda is larger than life!!!

  • Good man with good cause
    May 9 2009, 18:22

    Nkunda is fighting for his people sometimes things goes wrong as we know Mandela was in jail for more than twenty seven years and he was called a terrorist to me Nkunda is not a gang like you call him and guess what time will tell!!

  • Good man with good cause
    May 9 2009, 18:38

    Nkunda is fighting for his people sometimes things goes wrong as we know Mandela was in jail for more than twenty seven years and he was called a terrorist to me Nkunda is not a gang like you call him and guess what time will tell!! why can't you learn from people who were living under CNDP during the war I can put money down you won't get any one said that he was raped or lost a relatives.Yes some of people were killed at front line and if you never been in army I will tell you what their do, is War and their shoot bullets not bins if we have people killes it is bad because they are human beings but it was not planed genocede like the on we sow in Rwanda or in Kinshasa when you were hunting every Tutsi in the City!

  • bournik
    May 11 2009, 01:22

    It is incredible to read about people who claim to be General Nkunda's defenders or who would like to see Nkunda not to be sent to DRC to face up justice there, but sent in a third and neutral country!!! However the same people, and these are Rwandans, who would like to have all the people whom, they claim were involved in the genocide, sent back to Rwanda to face the law there... What a contradiction? Nkunda must be brought to justice in DRC and there is no other alternative!!! I would like to read you on this!!!

  • Hope
    May 31 2009, 07:27

    Nkunda is fighting the ex-interahamwe that should be sent back to Rwanda to get judged for genocide crime. These ex-rwandan forces are persecuting the congolese tutsis and since the congolese government does want to deal with this issue properly, Nkunda has the right to protect his people. He is just in a self-defense position. Even if Nkunda was stopped, they will be more people like him as long as the congolese tutsis are wrongly abused. I am sure people understand exaclty what is going on in east congo, but all parties pretend that Nkunda is the problem, the cause of all trouble in that region. Tutsis in Congo are left on their own because of the natural riches of that land. All they really want is to live in peace.

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