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Procedure : 2013/2641(RSP)
Document stages in plenary
Document selected : B7-0246/2013

Texts tabled :

B7-0246/2013

Debates :

PV 23/05/2013 - 21.2
CRE 23/05/2013 - 21.2

Votes :

PV 23/05/2013 - 22.3
CRE 23/05/2013 - 22.3

Texts adopted :

P7_TA(2013)0233

MOTION FOR A RESOLUTION
PDF 129kWORD 67k
See also joint motion for a resolution RC-B7-0243/2013
21.5.2013
PE509.859v01-00
 
B7-0246/2013

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law

pursuant to Rule 122 of the Rules of Procedure


on Rwanda: case of Victoire Ingabire (2013/2641(RSP))


Filip Kaczmarek, Cristian Dan Preda, Bernd Posselt, Philippe Boulland, Eija-Riitta Korhola, Jarosław Leszek Wałęsa, Zuzana Roithová, Tunne Kelam, Roberta Angelilli, Elena Băsescu, Anna Záborská, Sergio Paolo Francesco Silvestris, Giovanni La Via, Eduard Kukan, Sari Essayah, Jean Roatta, Petri Sarvamaa, Laima Liucija Andrikienė, Monica Luisa Macovei, Mairead McGuinness, Krzysztof Lisek on behalf of the PPE Group
NB: This motion for a resolution is available in the original language only.

European Parliament resolution on Rwanda: case of Victoire Ingabire (2013/2641(RSP))  
B7‑0246/2013

The European Parliament,

- having regard to its previous resolutions

- having regard to the International Covenant on Civil and Political Rights of 1966;

 

- having regard to the African Charter on Human and Peoples' Rights (ACHPR)

 

- having regard to the African Charter on Democracy, Elections and Governance;

 

- having regard to the Cotonou Agreement,

 

- having regard to the answer by VP/HR Ashton to a EP written question regarding Victoire Ingabire, EP Plenary, 4 February 2013

 

- having regard to the Amnesty International report Justice in jeopardy. The first instance trial of Victoire Ingabire of 2013

 

- having regard to Rule 122 of its Rules of Procedure;

 

 

 

A.  whereas after 16 years Victoire Ingabire returned to Rwanda in January 2010 in order to participate in presidential elections as the candidate of the opposition Unified Democratic Forces (UDF-Inkingi); whereas her political activities were focusing on the idea of a state of justice, freedom of political associations, empowerment of women in Rwanda;

 

B.  whereas Rwanda Patriotic Front (RPF) continues to be the dominant political party in Rwanda under President Paul Kagame, controlling public life along the lines of a one party system, with critics of the Rwandan authorities being harassed, intimidated and imprisoned;

 

C.  whereas Victoire Ingabire was ultimately barred from running in presidential elections and was arrested on 14 October 2010;

 

D.  whereas Victoire Ingabire was accused of conspiracy against authorities using terrorism and denying the 1994 genocide because of her presumed relations with the Democratic Forces for the Liberation of Rwanda (FDLR), a Hutu rebel group; whereas she denied all the charges, claiming them to be politically motivated;

 

E.  whereas, although one witness testified that state intelligence services had fabricated evidences against Victoire Ingabire, on 30 October 2012 she was convicted and sentenced to eight years in prison;

 

F.  whereas many human rights organisations denounced the first instance trial of Victoire Ingabire, as serious irregularities and her unfair treatment was observed;

 

G.  whereas in its report Amnesty International points to prejudicial public statements made by the Rwandan President in advance of her trial, and a reliance on confessions from detainees in Camp Kami where torture is alleged to be used;

 

H.  whereas on 13 September 2012, Victoire Ingabire Umuhoza, together with two other Rwandan political figures Bernard Ntaganda and Deogratias Mushyayidi - all currently imprisoned in Kigali - was nominated for the Sakharov Prize for Freedom of Thought 2012 of the European Parliament;

I.  whereas on the 25th of March 2013 Victoire Ingabire started her appeal trial and called for re-examination for evidences;

J.  whereas in April 2013 during her appeal in front of the Supreme Court she was sentenced on the ground of new charges based on documents without legal character, and which, according to her Defense Counsel, were not brought before it during the trial; whereas the two new charges include negationism/revisionism and high treason;

K.  whereas Rwandan national law contravenes international conventions that Rwanda is party to, particularly the international conventions on civil and political rights, specifically the freedom of expression and of thought, which the Rwandan government signed on the 16/07/1997;

 

L. whereas on 29 of April, 2013 after having testified against Victoire Ingabire Umuhoza in Rwandan High Court in 2012, four prosecution witnesses and co-accused: members of FDLR Colonel Tharcisse Nditurende, Lieutenant Colonel Noel Habiyaremye, Lieutenant Jean Marie Vianney Karuta and Major Vital Uwumuremyi, told the Supreme Court that their testimonies were falsified and that Ingabire’s political party FDU-INKINGI never aimed at the formation of a ‘‘Coalition of Democratic Forces (CDF) military wing;

 

 

1.  Expresses its deep concerns over the first instance trial of Victoire Ingabire, which did not meet international standards, including her right to the presumption of innocence, and which was based on fabricated evidences and confessions from her co-accused that came after a period of military detention in Camp Kami, where torture is alleged to be used to coerce confessions;

 

2.  Calls on the Rwandan judicial authorities to effectively investigate allegations of torture, and other abuses of human rights, and to bring to justice those committing such offences, as impunity cannot be tolerated;

 

3.  Strongly condemns politically motivated trials, prosecution of political opponents and prejudging the outcome of the trial; in this respect urges Rwandan authorities to ensure that the appeal of Victoire Ingabire is fair and meets standards under Rwandan and international law; underlines that trial and charges cannot be based on vague and imprecise laws, which are misused, as it was in the case of Victoire Ingabire;

 

4.  Urges completing the review of Law nr 18/2008 relating to the Punishment of the Crime of Genocide Ideology and revising Law nr 47/2001 on Prevention, Suppression and Punishment of the Crime of Discrimination and Sectarianism and bringing it in line with Rwanda’s obligation under international human rights law;

 

5.  Calls for upholding the principle of equality, by ensuring by the judges of Victoire Ingabire appeal, that each party – prosecution and defence - have the same procedural means and opportunities available during the trial and are in an equal position to make their case; encourages better testing of evidences and ensuring that they were not obtained by torture;

 

6.  Underlines its respect for the independence of the judicial system of Rwanda, however reminds Rwandan authorities that the EU raised its concerns for the respect of human rights and rights to a fair justice within the official political dialogue with Rwanda under Art. 8 of Cotonou Agreement; therefore calls for impartial decision, based on facts and in accordance with the law, without any restrictions, improper influences, pressures or threats in appeal case of Victoire Ingabire;

 

7.  Condemns any intimidation, arrests, detentions, and prosecutions of opposition parties leaders, members, activists, as well as journalists and other perceived critics of Rwandan government solely for expressing their views; urges in this respect Rwandan authorities to adjust national law in order to guarantee freedom of expression;

 

8.  Reminds Rwandan authorities that democracy is based on pluralistic governments, functioning opposition, independent media and judiciary, respect for human rights, and the right of expression and assembly; Calls in this respect on Rwanda to live up to these standards and improve its human rights record;

 

9.  Stresses that the criminal trial of Victoire Ingabire, one of the longest in Rwandan history, is both politically and legally important, as a test of the Rwandan judiciary’s capacity to deal with high-profile political cases fairly and independently;

 

10.  Instructs its President to forward this resolution to the Council, the Commission, HR/VP Catherine Ashton, the UN Security Council, the UN Secretary General, the institutions of the African Union, East African Community, the ACP-EU Parliamentary Assembly and the EU Member States, Defenders of Victoire Ingabire President of Rwanda, .

 

Last updated: 21 May 2013Legal notice