Kigali — The Gahogo Gacaca Appeal Court on Wednesday handed a life sentence, without parole, to Pastor Pedaie Ntihanabayo after finding him guilty of genocide charges, weeks after the man of God together with six others had been freed on the same charges by a lower court.
The court presided over by its president; Idesbald Ruzigana, ruled, that Ntihanabayo betrayed one of his flock and housemate, Eleazar Mpumpuje, and concealed information regarding his death.
Court also handed Esdras Ruzindana and Théogene Musabyimana 19 years in jail, for conspiracy and intentionally covering up the death of the said victim.
Seven other suspects were freed on grounds of lack of evidence for their role in the murder.
During the trial, witnesses testified that the victim (Mpumpuje) was picked up from the church premises in the presence of some Christians, and taken to a nearby roadblock by Interahamwe militias.
The victim's remains were recently exhumed five metres from the church premises.
Comments 1 to 5 of 13 Post a comment
AN OPEN LETTER TO THE PRESIDENT OF RWANDA Your excellence Paul Kagame Appeal on behalf of Pr. Peday Ntihanabayo I wish to thank you most sincerely for your able leadership that has seen Rwanda make a leap from the sad history of injustices perpetuated by the state of the past regimes. Your effort has won for Rwanda a good name on the international stage and we pray that the path to realise sustainable peace, justice and development will continue to be followed. I appreciate that such a path is not an easy one especially because of diverging interests that characterise our societies. These conflicting interests can easily soil the path to a great tomorrow for Rwanda . And that is why care should be taken on how we reconcile these interests so individualism does not fizzle out the dream for healing Rwandans and rebuilding of lives. Your excellence your good government saw the birth of Gacaca courts system with a good objectives of doing justice in a reconciliatory manner with a view of building peaceful co-existence of all Rwandans. In this process many Rwandan have turned out heroes and heroines for forgiveness- a rare quality. This is laudable and noteworthy; it is indeed godly. We should encourage and support this kind of alternative conflict resolution mechanism. However, certain cases call for serious thought so that what is good is not abused and turned into a tool of injustice. Rarely will people see the contradiction and weaknesses of a system until they get affected by it. I did not know in fact how Gacaca court system can easily be corrupted and actually dispense injustice until the case of one Pr.Peday Ntihanabayo ( A seventh-day Adventist Church Pastor) a member of our family. His case appeared in new times magazine twice. This first time he was acquitted and the second time he was sentenced to life imprisonment without parole. This happened at Gahogo Gacaca- Gitarama in the last three weeks only. What makes this case important is the manner it was dealt with: Ms Mutaganzwa (National Gacaca president) overruled the judgement that acquitted Pr.Peday immediately. The acquitted did not even step out of Jail. The court of appeal it seems sat prepared to deliver judgement without any hearing, because they ignored all evidences and instead trumped-up charges that seemed to them necessary to keep Pr. Peday away. It is alleged that MS Mukantaganzwa has conspired with some people in Gitarama (Namely, Gerald Urayeneza, Pr.Gapyisi, Pr.Mugyarugamba and Karuranga Manuel) to peg the murder Eliezer Mpumuje on Pr. Peday. The motivation for this injustice is economical in nature on the part of the people named above. These fellows it is believed they have bribed Gacaca to convict Pr. Peday. While there is no clear evidence of this bribery, it is implied because there is no way an innocent man can be sentenced to life imprisonment without parole. In fact, when you look at the conviction and the sentence handed down, they do not even tarry. Moreover, the category in which he was placed is purely ill conceived. Pr. Peday is not related to Eliezer (victim) in any way except that as a pastor, this young man used to visit his house, his Church and it is said he had a girl friend in the Church choir where Pastor Peday served as an intern in other word the relationship was that of a pastor and the member of the Church. Pastors welcome any one in their homes. But on this occasion the pastor was not there and he was away for about four months! Pr. Peday left his duty station as pastor on 9/04/1994 because his relative had just been killed in the genocide that had just started in Kigali . Since the parents of the deceased were in Murama- Gitarama, he went there to join the family members. As facts show, Genocide did not spread immediately to Gitarama. From this date, the Pr. Peday stayed away until August 1994. This means, he did not have any control whatsoever over the events of that period in which many people died including Eliezar. Without any proof to the contrary of the above Peday was quickly sentenced to life imprisonment. I wish to appeal to your excellent judgement with which you have been making great decisions that have opened new pages in the history of Rwanda . I appeal to your dignity that cannon be bought or sold. To cause an inquiry into the case of this one man; your subject Pr. Peday. Justice for one man is good enough to pursue, for its fruit can have great impact on the great whole. He is innocent. Gacaca should be purged of negative elements if the objective for which it was established is to be realised. Your excellence, pardon me for bringing this seemingly small matter before your attention through this media. It would not have been so if the way to justice within Gacaca system was free from individualistic competing interests which pervert justice. This experience has shown that even negative forces can use Gacaca to destroy a good course. May be it is time that escape routes should be created by which the innocent can find redress. These routes should incorporate an element of proper due process that involves cross examination of witnesses and punishing conspiracy of any sort. To be unjustly accused of a crime of Genocide is so serious that it becomes a budge so difficult even after being acquited. People should never get away with this kind of demonisation of others. I believe you still possess the same spirit which led you and countless others to place your lives on the firing line to destroy injustice. With this spirit may we all stand up against injustice irrespective of who perpetuates it and in doing so we shall be building a better country, a nation of people dignified in every situation be it in poverty or in plenty. Should you delay or ignore this issue Pr. Peday's life will be destroyed, his life will be required of any one who has means to reverse this situation and you are better placed to do it. I do not condone any crime against humanity, but I would not be the first to falsely accuse any one. Do unto others as you would have do unto your self- this is a golden rule taught by our Lord Jesus Christ by whom all will stand to be judged. God bless you Bosco Rutagengwa Student of Law , UK
What I can say on this case of Pastor Peday is that people who have committed Genocide of Tutsi in 1994 should be punished without any reserve, but those who are innocent also should be respected.
Personally I followed the judgment of Pr.Ntihanabayo Peday, what happened in this court I have never seen it elsewhere in Gacaca Courts whereby:
1. The alleged was not allowed to defend himself. The President of the Court Ruzigana Idesbard, did not allow the Pastor to talk. If anybody can have access to the video which was taken during the judgement, he can see very clearly that there was no judging at all; if this video is still intact. 2. One family giving testmonies and they were accepted the way they were given. One guy called Munsimwiza, His wife, and the Sister-in-law of Munsimwiza-Uwimpuhwe Doroteya- (actually the sister to the wife of Munsimwiza) who got married to the brother of Munsimwiza after Genocide. These are the witnesses who were used to testify against Pastor Peday and when you analyze very closely you find that they are the people who had interest in the death of the late Mpumuje Eleazar. The reason is that after the death of Mpumuje Eleazar who was a very good friend to Uwimpuhwe Doroteya, Munsimwiza wedded Doroteya to his brother. The group mentioned above are the only people who were in the house when the killers (Interahamwe) came to take the young boy; however in the testmony given by Uwimpuhwe Doroteya he mentioned certain girl who was with them and she had also came as a genocide fugitive but she has never been called to be heard.
3. The President of Gahogo Court Ruzigana Idesbard and the 2nd Secretary Mutimukeye Jacqeuline are the people who initiated the dossier and at the same time they followed it for judgment. When you see also this interest of these two people in this dossier, you wonder what might be behind the veil.
4. The interest of Mrs.Mukantaganzwa, The Executive Secretary of Gacaca Courts at the level of the country, in this very issue, it is also questionable. How come that the orders of pinning Pastor Peday in the Muhanga Prison came directly from Mrs. Mukantaganzwa after the Court had freed him. Was it that she was following the judgement from her office? Or she had given orders to the Court to condemn the Pastor and it turned out differently and so he had to look for another Court very quickly which would respect his orders. We are still wondering how the orders can come from the high office to keep someone in prison when the court on the ground sees things differently.
5. The first court which had released Pastor Ntihanabayo spent three intensive weeks hearing every body who was connected with this case and they had to compare all the testimonies which had been given before, because this case had been heard for three times before the Court of Ruzigana Idesbard came, but the court of this latter came and did not care to read what the group mentionned above had said before; they just recorded the new completely distorted information. What we cannot understand now is the reason why the old books which were written during the 3 intensive weeks were ignored yet it is very clear that if you keep changing the information in Gacaca you should suffer the consequences.
6. Calling someone to Higher Court without giving him the result of the former Court ruling so that he may prepare for the second judgment.
What we would like to request the Authorities of Rwanda, is to go deep and analyze the manupulation which was done in this case of Pastor Peday Ntihanabayo this will prove beyond doubt how the courts sometimes can be influenced.
Life imprisonment, without parole, is the highest punishment in Rwanda and we know Pastor Peday for long, he has never sided with Genociders contrary he was being hunted himself; So in order that people can be satisfied with this punishment, we would like to propose that another Court be set, which will not be controlled by Mrs.Mukantaganzwa and Mr.Munyakayanza Gonzalve, to read all the documents related to this case and view all videos which were taken, they will find how people kept on changing the information as to make sure that the Pastor be condemned.The Team should analyze on which basis the lower court had based itself to free him and this should be compared with the second court which handed him a life sentence.
I would like also to say something about the media. It is very sad that people seat in their offices and start reporting news which they have never verified. As I said, I followed this case from the beginning. Every eye-witness who testified indicated that when the late Mpumuje Eliazar was killed, Pastor Peday had gone, but it is very sad that most of the media reported that the Pastor handed the young boy to the killers! How would he have handed the young boy without his presence. At least the Court said that he conspired with the killers but how. I don't know and it is questionable. The young boy was killed by "Interahamwe" called Shitani which is well known in Gitarama, Pastor Peday escaped on 9/04/1994 when there were no killings yet in Gitarama because they started on 23rd April 1994.The reason of his running away was due to his family which had been wiped out in Kigali and when he heard about that he was caught with fear and he decided to go. Even those who were killers were not yet identified themselves as killers rather they had not shown up as killers, if there was any connivance at all, to whom should have Pastor Peday relayed the message of killing this young man. In the court no one who was able to associate Pastor Peday with Shitani who killed the Young Boy. Rather this Shitani met face to face with Uwimpuhwe Doroteya and her group but he has never met with the Pastor. Most of the people on 9/04/1994 were not aware of what was taking place especially in Gitarama. Those who knew what was going on were the planners and Pastor Peday has never been advertized among the planners of Genocide in Gitarama or elsewhere in Rwanda. He has even never been sited anywhere among the killers (Interahamwe). I think the media, would be sympathizing now with the Pastor, if they would have taken their time to hear the judgment. It is not simple for someone who has never dreamed to commit any crime to hear someone who is calling himself a professional journalist seating back in his office and declaring that someone has been handed a life imprisonment. However, the time has not yet passed, if these so called professionals are interested with this life imprisonment without Parole, let them go deep and search into this ruling of the court and give the correct information to the public otherwise we are losing interest in them. Precisily, I am challenging Jeune Afrique which has reported this news to come down and see the reality. Why should you report rumors!
Helloo K.A Thanks for revealing much about the corruption by the Gahogo Gacaca. I am waiting to see the anticorruption force pouncing on the officialls of Gahogo Gcacaca who include Ruzigana, Munyakayanza and ofcourse Mukantaganzwa who has never explained to the public as to why she had so much interest in the case of Pr. Peday that she had to bent rules and in the process denied Peday a fair trial. I have not yet believed that this can happen in Rwanda with impunity.
I hope to see an investigation about the case. The names that have been mentioned should help investigators to find the people behind this whole mess. I am afraid to say, this investigation should go deeper even to include the Adventist Church leadership and see what interest could there be for certain individuals in the positions in the denominational employement. Some people are believed to have bribed the Gacaca. It is not easy to verify these allagtions but investigation will certainly get to the roots.
OPEN LETTER TO THE PRESIDENT OF RWANDA
Your excellence Paul Kagame
Appeal on behalf of Pr. Peday Ntihanabayo
I wish to thank you most sincerely for your able leadership that has seen Rwanda make a leap from the sad history of injustices perpetuated by the state of the past regimes. Your effort has won for Rwanda a good name on the international stage and we pray that the path to realise sustainable peace, justice and development will continue to be followed. I appreciate that such a path is not an easy one especially because of diverging interests that characterise our societies. These conflicting interests can easily soil the path to a great tomorrow for Rwanda . And that is why care should be taken on how we reconcile these interests so individualism does not fizzle out the dream for healing Rwandans and rebuilding of lives.
Your excellence your good government saw the birth of Gacaca courts system with a good objectives of doing justice in a reconciliatory manner with a view of building peaceful co-existence of all Rwandans. In this process many Rwandan have turned out heroes and heroines for forgiveness- a rare quality. This is laudable and noteworthy; it is indeed godly. We should encourage and support this kind of alternative conflict resolution mechanism.
However, certain cases call for serious thought so that what is good is not abused and turned into a tool of injustice. Rarely will people see the contradiction and weaknesses of a system until they get affected by it. I did not know in fact how Gacaca court system can easily be corrupted and actually dispense injustice until the case of one Pr.Peday Ntihanabayo ( A seventh-day Adventist Church Pastor) a member of our family. His case appeared in new times magazine twice. This first time he was acquitted and the second time he was sentenced to life imprisonment without parole. This happened at Gahogo Gacaca- Gitarama in the last three weeks only.
What makes this case important is the manner it was dealt with: Ms Mutaganzwa (National Gacaca president) overruled the judgement that acquitted Pr.Peday immediately. The acquitted did not even step out of Jail. The court of appeal it seems sat prepared to deliver judgement without any hearing, because they ignored all evidences and instead trumped-up charges that seemed to them necessary to keep Pr. Peday away.
It is alleged that MS Mukantaganzwa has conspired with some people in Gitarama (Namely, Gerald Urayeneza, Pr.Gapyisi, Pr.Mugyarugamba and Karuranga Manuel) to peg the murder Eliezer Mpumuje on Pr. Peday. The motivation for this injustice is economical in nature on the part of the people named above. These fellows it is believed they have bribed Gacaca to convict Pr. Peday. While there is no clear evidence of this bribery, it is implied because there is no way an innocent man can be sentenced to life imprisonment without parole. In fact, when you look at the conviction and the sentence handed down, they do not even tarry. Moreover, the category in which he was placed is purely ill conceived.
Pr. Peday is not related to Eliezer (victim) in any way except that as a pastor, this young man used to visit his house, his Church and it is said he had a girl friend in the Church choir where Pastor Peday served as an intern in other word the relationship was that of a pastor and the member of the Church. Pastors welcome any one in their homes. But on this occasion the pastor was not there and he was away for about four months!
Pr. Peday left his duty station as pastor on 9/04/1994 because his relative had just been killed in the genocide that had just started in Kigali . Since the parents of the deceased were in Murama- Gitarama, he went there to join the family members. As facts show, Genocide did not spread immediately to Gitarama. From this date, the Pr. Peday stayed away until August 1994. This means, he did not have any control whatsoever over the events of that period in which many people died including Eliezar.
Without any proof to the contrary of the above Peday was quickly sentenced to life imprisonment.
I wish to appeal to your excellent judgement with which you have been making great decisions that have opened new pages in the history of Rwanda . I appeal to your dignity that cannon be bought or sold. To cause an inquiry into the case of this one man; your subject Pr. Peday. Justice for one man is good enough to pursue, for its fruit can have great impact on the great whole. He is innocent. Gacaca should be purged of negative elements if the objective for which it was established is to be realised.
Your excellence, pardon me for bringing this seemingly small matter before your attention through this media. It would not have been so if the way to justice within Gacaca system was free from individualistic competing interests which pervert justice. This experience has shown that even negative forces can use Gacaca to destroy a good course. May be it is time that escape routes should be created by which the innocent can find redress. These routes should incorporate an element of proper due process that involves cross examination of witnesses and punishing conspiracy of any sort. To be unjustly accused of a crime of Genocide is so serious that it becomes a budge so difficult even after being acquited. People should never get away with this kind of demonisation of others.
I believe you still possess the same spirit which led you and countless others to place your lives on the firing line to destroy injustice. With this spirit may we all stand up against injustice irrespective of who perpetuates it and in doing so we shall be building a better country, a nation of people dignified in every situation be it in poverty or in plenty. Should you delay or ignore this issue Pr. Peday's life will be destroyed, his life will be required of any one who has means to reverse this situation and you are better placed to do it. I do not condone any crime against humanity, but I would not be the first to falsely accuse any one. Do unto others as you would have do unto your self- this is a golden rule taught by our Lord Jesus Christ by whom all will stand to be judged. God bless you Bosco Rutagengwa Student of Law , UK
See All Comments