According to Paul Rusesabagina’s daughters, the legal system in Rwanda is not able to provide protection for refugees who are sent from the UK. Rusesabagina’s story was the inspiration for the critically-acclaimed film Hotel Rwanda.
Carine and Anaïse Kanimba worked tirelessly for over two years to ensure the release of their father, who was finally freed from a Kigali prison earlier this year after three years of imprisonment. They possess personal experience and insight into the true workings of the Rwandan legal system.
Rusesabagina, a former hotelier, is credited with saving more than 1,200 lives during the 1994 genocide against the Tutsi in 1994. He rose to fame after the 2004 Hollywood movie Hotel Rwanda depicted his heroic acts.
The UK government officials will soon introduce suggestions to enhance the safeguards in their plan to automatically deport refugees who enter the country illegally to Rwanda. The highest court recently ruled that the scheme was illegal due to inadequate guarantees that those deported to Rwanda would not be returned to their home countries where they may face persecution.
The ministers are proposing to enhance a memorandum of understanding that was agreed upon with Rwanda in 2022 and turn it into an official binding agreement. James Cleverly, the home secretary, stated that Rwanda is prepared to accommodate thousands of individuals, handle their requests, provide them with quality care, and assist them in integrating into the country. He also emphasized the potential and promise of this African nation.
Anaïse Kanimba disputed this evaluation, stating that her father’s trial revealed the deficiencies in Rwanda’s justice system when it comes to ensuring a fair trial and due process. She also described Rwanda as a dictatorship where the president serves as both judge and jury in the legal system.
The legal system is not impartial and instead serves as a means to suppress those who oppose the actions of the government. If refugees were to challenge mistreatment in Rwanda, they should not anticipate receiving fair treatment or a fair trial.
During our father’s legal proceedings, we witnessed the government’s mistreatment of the co-defendants. Many of them expressed grievances of hunger and abuse while testifying in court. However, instead of showing concern or seeking additional details about the defendants’ mistreatment, the judges quickly dismissed their statements.
She challenged the UK government’s claim that Rwanda would be able to improve its procedures with the help of UK Home Office monitors, saying: “There has already been numerous years of training and international aid invested in Rwanda’s justice system, yet judges seem to be swayed by what the Rwandan president wants.”
In April of 2022, a Foreign Office memo titled “Review of Asylum Processing: Rwanda” was distributed and discussed in the high court. The memo expressed concerns about the state of Rwanda, stating that the country was rife with inconsistencies. The author, who remains unnamed, also noted that the Rwandan legal system lacks independence, is frequently disrupted by outside interference, and is heavily influenced by political agendas. As a result, cases involving opposition or politics are not given a fair trial or adequate support.
The sisters argue that their father’s release was not a result of Rwanda’s legal system making a well-thought-out decision, but rather due to continuous external influence. This included the possibility of sanctions targeting Johnston Busingye, who had previously served as Rwanda’s justice minister and is currently their high commissioner in London.
In June of 2021, the Lantos Foundation, an American advocacy organization, attempted to impose sanctions on Busingye through the US state department, but their efforts were unsuccessful. Then, on September 1st, just before Rusesabagina was given a 25-year sentence, Busingye was appointed as Rwanda’s new representative to London.
The court found Rusesabagina guilty of supporting a rebel group responsible for fatal attacks in the northern and southern regions of Rwanda in 2018 and 2019, after he had previously criticized the regime.
Busingye’s involvement in their father’s case was criticized by his daughters, but he has stood by his actions. The news of his upcoming appointment raised concerns from two MPs, but it was ultimately approved by the Foreign Office in March 2022, just one month before the publication of the UK-Rwanda asylum partnership agreement.
The Home Office came to the conclusion that Rwanda was a safe destination for asylum seekers based on desk-based research and two short visits in January and March 2022, despite a Foreign Office official’s opposing view, as stated by the supreme court.
The Home Office conducted two fact-finding visits while a UN working group released a report criticizing the way Rusesabagina was treated while in prison. This included being given drugs, mistreated, and denied the right to choose his own lawyer.
The trial garnered international interest and was deemed clearly “unlawful” by the Clooney Foundation, an organization headed by attorney Amal Clooney and her spouse, George Clooney. Eventually, Rusesabagina declined to take part in the trial proceedings.
According to Anaïse Kanimba, the evidence considered by the highest court regarding Rwanda’s process for granting asylum, along with her father’s mistreatment, demonstrates that fundamental principles of fair legal proceedings are not possible in Rwanda and cannot be imposed on the country through a treaty negotiated in the UK in exchange for financial aid.
She stated that there is no way to monitor or hold anyone responsible because Rwanda is under a dictatorship.
Source: theguardian.com
