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Rwandan genocide fugitive Protais Mpiranya confirmed dead – The Star, Kenya

The death has been confirmed of the last major Rwandan fugitive indicted by a war crimes court for his role in the 1994 genocide.

Protais Mpiranya was head of the presidential guard and was accused of ordering the murder of the then-Prime Minister, Agathe Uwilingiyimana.

His officers also murdered the 10 Belgian UN peacekeepers guarding her.

Investigators tracked him down to Zimbabwe, where a recently exhumed grave confirmed he had died in 2006.

They found that Mpiranya had used various aliases whilst on the run to evade capture for over 12 years.

In the immediate aftermath of the genocide – in which about 800,000 ethnic Tutsis and moderate Hutus were killed by ethnic Hutu extremists in 100 days – he moved to Cameroon.

Others accused of taking part in the genocide had fled over the border to the Democratic Republic of Congo, forming a rebel group known as the FDLR.

Mpiranya joined them in 1998, commanding a brigade that fought alongside Zimbabwe’s army, which had become embroiled in a conflict in DR Congo involving several nations often dubbed “Africa’s world war”.

He adopted the name Alain Hirwa and became known as “Commander Alain” – and was well respected by senior Zimbabwean officers, the investigation found.

It was his Zimbabwean allies who organised refuge for him in Zimbabwe’s capital, Harare, after his indictment was made public in 2002 by the international tribunal set up to bring to justice those responsible for the genocide.

He was charged with eight counts, including genocide, murder and rape, for “having instructed, supervised, encouraged, and assisted the crimes” carried out by the presidential guard.

The “challenging and intensive” investigation to track him down was conducted by a UN body that handles outstanding war crimes cases for Rwanda and Yugoslavia.

“For the victims of his crimes, Mpiranya was a feared and notorious fugitive, leader of the presidential guard during the genocide and later a top commander in the FDLR,” said the prosecutor of the International Residual Mechanism for Criminal Tribunals (IRMCT), Serge Brammertz.

“Confirming his death provides the solace of knowing that he cannot cause further harm.”

According to the IRMCT, during his four years in Zimbabwe, Mpiranya ran a business with his sister-in-law and was still connected with FLDR associates – and had a Ugandan passport under the name James Kakule.

His wife and daughters went to live in the UK, but visited him in Harare.

When he fell seriously ill in 2006, aged 50, with tuberculosis he was using the name Ndume Sambao – and this was the name on his gravestone when he was buried in a cemetery outside Harare.

“Since October 2006, Mpiranya’s family and associates have gone to great lengths to conceal his death and place of burial,” the IRMCT said.

How did the Rwandan genocide unfold?

On 6 April 1994, a plane carrying then-President Juvenal Habyarimana – a Hutu – was shot down, killing all on board.

Hutu extremists blamed the Tutsi rebel group, the Rwandan Patriotic Front (RPF), which denied the accusation.

In a well-organised campaign of slaughter, militias were given hit lists of Tutsi victims. Many were killed with machetes in acts of appalling brutality. Little was done internationally to stop the killings.

Eventually the RPF, backed by Uganda, marched on the capital Kigali. Some two million Hutus fled, mainly to DR Congo.

Dozens of Hutus were convicted of roles in the killings by the International Criminal Tribunal for Rwanda, based in Tanzania, and hundreds of thousands more faced trial in community courts in Rwanda.

“They have repeatedly provided false statements to investigators, and coached those who knew of Mpiranya’s presence and death in Harare to lie if questioned. His tombstone was purposefully designed to thwart its discovery.”

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law an courts

Woman wins back Land Rover vehicle – NewsDay

HIGH Court

BY DESMOND CHINGARANDE
HIGH Court judge, Justice Catherine Kate Bachi-Mzawazi has ordered a Harare car dealer to surrender to a Harare woman a Land Rover Discovery vehicle at the centre of an ownership dispute.

The woman bought the vehicle for US$10 000, but the vehicle seller then made a false report that his vehicle had been stolen hoping to swindle the woman.

Court papers state that Chipo Christian Garapo bought the vehicle from car dealer Forbids Nyerere who had been instructed to sell the car by its owner only known as Brighton.

However, after she paid for the vehicle in November 2019, Brighton lodged a false police report saying his vehicle had been stolen in the hope of stopping transfer of ownership of the vehicle to Garapo.

Police investigations revealed that the vehicle was not stolen, prompting police to order the Central Vehicle Registry (CVR) to remove the vehicle from the blacklist.

In her ruling, Bachi-Mzawazi averred that the agreement of sale was never challenged, meaning that it was a valid transaction as it was immediately followed by the delivery of its ignition keys and customs entry documents.

“In that regard, I am satisfied that the applicant has substantively and evidentiary established a clear right of ownership of the vehicle emanating from the sale,” Bachi-Mzawazi ruled.

She said the Sheriff of the High Court must sign all necessary documents to facilitate registration of the vehicle in Garapo’s name.

“If the first and second respondents fail to comply with the terms of this order within seven days, costs will follow the law suit,” she said.

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law an courts

Kazembe, Matanga Escape Jail – ZimEye – ZimEye – Zimbabwe News

Kazembe, Matanga Escape Jail

24 May 2022

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By-Home Affairs Minister Kazembe Kazembe and the Zimbabwe Republic Police (ZRP) Commissioner-General Godwin Matanga have been spared from going to prison after paying ZWL$140 000 to a woman who police officers teargassed in 2019.

In 2019, a Harare magistrate ordered Kazembe and Matanga to compensate the woman but they have been avoiding doing so for the past three years.

They only compensated the woman recently after she filed an application at the High Court seeking an order for contempt of court against the duo in 2021.

A statement issued by the Zimbabwe Lawyers for Human Rights (ZLHR) on the matter reads:

NEGLIGENT ZRP PAYS THE PRICE FOR TEAR-GASSING WOMAN

ZIMBABWE Republic Police (ZRP) has paid more than ZWL140 000 as compensation to a Harare woman who was tear-gassed by some law enforcement agents three years ago.

Fifty-eight-year-old Mavis Muzari was left nursing injuries and hospitalised at Parirenyatwa Group of Hospitals after four slipshod ZRP officers indiscriminately threw a tear gas canister inside a commuter omnibus which landed on her lap.

As a result of the negligent police conduct, Muzari was left bleeding from her nose, suffered high blood pressure, sustained a serious injury to her foot including some bruises and felt pain all over her body.

This compelled her to engage Tinashe Chinopfukutwa of Zimbabwe Lawyers for Human Rights in 2019 to sue ZRP Commissioner-General Godwin Matanga and Home Affairs and Cultural Heritage Minister Hon. Kazembe Kazembe for damages amounting to ZWL142 170 for violation of her fundamental rights including loss of income, pain and suffering, embarrassment, humiliation and future medical expenses.

Since 2019, ZRP and Hon. Kazembe had vacillated to compensate Muzari and in 2021 she filed an application at the High Court seeking an order for contempt of court against Hon. Kazembe and Matanga and asking them to comply with the Harare Magistrate Court’s decision compelling them to pay a judgment debt of ZWL142 170.

Now, Matanga and Hon. Kazembe have evaded serving jail time after the law enforcement agency notified Chinopfukutwa and provided proof of payment indicating that it had settled Muzari’s judgment debt.

Muzari is the latest person among dozens of people who in recent years have won compensation from ZRP after suing for damages arising from the violation of their rights as a result of the wayward conduct of some police officers in the execution of their law enforcement duties.

ENDS

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law an courts

SCA Zim farmer's ruling proves rule of law can't be tossed into a bin – The Citizen

The ANC has not covered itself in glory when it comes to how it has dealt with events north of our border in Zimbabwe – nor with the consequences of those events. Its shameful lack of action when the then Zimbabwe president Robert Mugabe effectively stole an election from under the noses of South African poll observers in 2002 was not solely to blame on our then leader, Thabo Mbeki. He clearly didn’t want his vision of an “African Renaissance” disturbed by awkward things like democracy. ALSO READ: It’s time for dispossessed Zim farmers to get a land claims court…

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