According to the daughters of Paul Rusesabagina, the man who served as inspiration for the Oscar-nominated film Hotel Rwanda, the legal system in Rwanda is not equipped to provide adequate protection for refugees who are sent there from the UK.
Carine and Anaïse Kanimba worked tirelessly for over two years to obtain the release of their father, who was finally freed from a prison in Kigali earlier this year after being held for three years. They possess personal experience and intimate understanding of the realities of the Rwandan justice system.
Paul Rusesabagina, a previous hotel manager, is acknowledged for rescuing over 1,200 individuals during the 1994 genocide against the Tutsi. He gained recognition following the release of the 2004 film Hotel Rwanda, which portrayed his courageous actions.
British officials will soon introduce suggestions to enhance the safeguards in government strategies for the automatic removal of refugees who enter the UK unlawfully to Rwanda. Earlier this month, the highest court deemed the plan to be against the law due to inadequate assurances that those deported to Rwanda would not be subsequently sent to their home countries where they may face persecution.
The government officials intend to enhance a written agreement made with Rwanda in 2022 by turning it into a legally binding contract. According to the home secretary, James Cleverly, Rwanda is prepared to accommodate thousands of individuals, handle their requests, provide them with quality care, and assist them in settling into life in Rwanda. He also stated that Rwanda is a country in Africa with great potential and opportunities.
However, Anaïse Kanimba disputed this evaluation. She stated, “The trial of our father revealed to the global community that the justice system in Rwanda does not provide fundamental safeguards for fair trials and due process. Rwanda is a dictatorship where the president also serves as the judge in legal proceedings.”
The justice system is not impartial and is instead utilized to further oppress those who do not agree with the actions of the governing regime. If refugees were to challenge mistreatment in a country like Rwanda, they should not expect to receive fair treatment or a proper legal process.
During our father’s court case, we witnessed the mistreatment of his co-defendants by the government. Several of them expressed hunger and mistreatment during their testimonies. However, instead of addressing these concerns or seeking more details about the mistreatment, the judges quickly dismissed their statements.
She disputed the UK government’s assertion that Rwanda could enhance its processes with the support of monitors from the UK Home Office. She stated, “Rwanda’s justice system has already received extensive training and international assistance, yet it appears that judges are influenced by the desires of the Rwandan president.”
The Foreign Office memo titled “Review of Asylum Processing: Rwanda” was widely circulated in April 2022 and presented to the high court. The author, who remains anonymous, described Rwanda as a country with many conflicting aspects. They stated that the legal system in Rwanda lacks independence, is frequently influenced, and is heavily politicized. The author also noted that opposition or political cases rarely receive a fair trial or support.
The sisters argue that their father’s release was not a result of the Rwandan legal system making a well-thought-out decision, but rather due to continuous external pressure. This pressure included the possibility of sanctions targeting Johnston Busingye, who had previously served as the Rwandan justice minister and is now the country’s high commissioner in London.
In June 2021, the Lantos Foundation, a US advocacy organization, requested that the US state department impose sanctions on Busingye, but their efforts were unsuccessful. Then on September 1st, just days before Rusesabagina’s 25-year sentence was handed down, Busingye was appointed as Rwanda’s new representative to London.
The court found Rusesabagina guilty of supporting a rebel group responsible for violent attacks in northern and southern Rwanda in 2018 and 2019, rather than simply criticizing the regime.
The daughters criticised Busingye’s role in their father’s case, although he has defended his position. His planned appointment provoked expressions of concern from two MPs but the Foreign Office ultimately cleared it in March 2022, one month before the UK-Rwanda asylum partnership memorandum was published.
The Home Office made a decision, based on desk research and two short visits in January and March 2022, that Rwanda was a secure location for asylum seekers. This contradicted a statement from a Foreign Office official.
Surprisingly, the Home Office organized two fact-finding trips while a report from a UN working group was released, criticizing the way Rusesabagina was treated during his time in prison. This included being given drugs, mistreated while incarcerated, and not being allowed to choose his own lawyer.
The trial gained worldwide notoriety and was deemed unquestionably “unlawful” by the Clooney Foundation, an organization led by lawyer Amal Clooney and her spouse George Clooney. Eventually, Rusesabagina declined to take part in the trial proceedings.
Anaïse Kanimba maintains that the information evaluated by the supreme court regarding Rwanda’s process for granting asylum, as well as her father’s experience, clearly demonstrate that fundamental principles of legal equity do not exist in Rwanda and cannot be enforced through a treaty made in the UK in exchange for monetary compensation.
She stated that due to Rwanda’s dictatorship, there is no way to supervise or hold anyone accountable.
Source: theguardian.com
