[Rwanda Forum] The Case of Paul Rusesabagina-TrialWatch Fairness Report

The Case of Paul Rusesabagina

TrialWatch Fairness Report

 June 2021.

TrialWatch Expert Geoffrey Robertson's Findings:

Whatever the merits of the charges against Mr. Rusesabagina (and this report takes no position on those), it is clear that Mr. Rusesabagina's fair trial rights – in particular his right to confidential communication, his right to the presumption of innocence, and his right to prepare his defense – have been violated, potentially to the irreparable prejudice of the defense, calling into question the fairness of any potential convicting verdict. Further, by relying on the Bishop's untested statement to find that it had jurisdiction, by permitting two prosecution witnesses to present their allegations unchallenged, and by asking prosecution witnesses questions geared towards inculpating Mr. Rusesabagina, the court has evinced more concern for ensuring the prosecution's case is established than protecting Mr. Rusesabagina's rights.

Belgium, whose diplomats have been present for this trial, should explain how and why it has cooperated with Rwanda in the prosecution of a man to whom it had given asylum and citizenship. As described above, it appears that Belgium continued to provide assistance to the Rwandan investigation even after the proceedings' serious defects came to light. Complicity in an unfair trial should be a matter of international concern. Moreover, if the deception operation that brought Mr. Rusesabagina to Rwanda indeed amounts to circumvention of Belgian extradition law, Belgium should in fairness provide evidence to support Mr. Rusesabagina's argument to this effect.

Can the court regain credibility at this late stage? The court could sever Mr. Rusesabagina's trial from that of the co-defendants, and provide the adjournment that is necessary for him to prepare his defense. It could permit international counsel, representing him or invited as amici, to more fully make their case that the circumstances of Mr. Rusesabagina's transfer to Rwanda amount to an abuse of process, and rule upon it properly so that an adverse decision could be made the subject of appeal. It could recall the Bishop and the two vital witnesses and have their testimony subjected to cross examination.

Based on the course of the proceedings thus far, however, it may be doubted that the guarantees of fairness that these proceedings would require in order to be credible will be afforded Mr. Rusesabagina – especially if they are to result, as seems to be predetermined, in a conviction which may carry a sentence of life imprisonment.