Dear Executive Secretary:
I am writing as a member of Amnesty International concerning the case of François-Xavier Byuma who has been sentenced to 19 years of imprisonment. I believe this verdict to be unjust, and I urge you to reverse it and provide him with a fair trial.
Authorities sentenced François-Xavier Byuma 19 years’ imprisonment on 27 May 2007, after a grossly unfair trial. The judge who presided over his trial had earlier been implicated by Mr. Byuma’s organization in the rape of a 17-year-old girl. This presented a clear conflict of interest, calling into serious question the judge’s impartiality, and denying François-Xavier Byuma his right to receive a fair trial before an independent and impartial tribunal. Denied the opportunity to present an adequate defense, Mr. Byuma was ultimately convicted of receiving firearms training, assaulting a Tutsi woman and “participating in an attack” during the 1994 genocide.
François-Xavier Byuma is the President of Turengere Abana, an organization that investigates violations of children’s rights, including sexual violence and forced labor. The organization received reports that a 17-year-old girl had been raped during the night of 27 March 2007. It initiated investigations and published a report on the matter at the start of May. Police detained the judge accused of the crime for three days, but then released him. His case file was passed on to the Public Prosecutor, but no further review was carried out.
The high standards of justice required for the Gacaca courts should have demanded that this judge recuse himself. The serious charges against the judge should be thoroughly investigated. The very integrity of the Gacaca courts is called into question by this seemingly unjust abuse of the court’s authority. My concern is multiplied by the fact that a human rights organization finds itself apparently victimized because of its vigilance in coming to the aid of a 17-year-old rape victim.
I urge you to rectify this miscarriage of justice, and I look forward to learning of your judgment in this case.
Sincerely,
copy to:
H.E. Ambassador James Kimonyo
Embassy of the Republic of Rwanda
1714 New Hampshire Avenue N.W.
Washington, D.C. 20009
Fax: 202-232-4544