MOTION FOR A RESOLUTION on Rwanda: case of Victoire Ingabire
21.5.2013 - (2013/2641(RSP))
pursuant to Rule 122 of the Rules of Procedure
Charles Tannock, Geoffrey Van Orden on behalf of the ECR Group
See also joint motion for a resolution RC-B7-0243/2013
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 UN Security Resolution 955 (1994);
- having regard to the Cotonou Agreement,
- 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);
B. whereas in August 2010 President Paul Kagame, became President after winning 93% of the votes, an election in which no international election observer's were present; whereas Rwanda Patriotic Front (RPF) continues to be the dominant political party in Rwanda, under President Paul Kagame;
C. whereas Rwanda has witnessed, during recent decades, a cycle of systematic violence which has brought about disastrous effects on the country and its population;
D. whereas Victoire Ingabire was banned from running in the presidential elections and was arrested on 14 October 2010, a crime defined by the UN human rights Committee as an infringement of liberty;
E. whereas the Rwandan justice system has undergone a number of positive reforms, the judicial system still lacks independence, especially in politically sensitive cases, as illustrated by the trial of opposition party leader Victoire Ingabire;
F. whereas Victoire Ingabire was prosecuted on six criminal counts linked to acts of terrorism and genocide ideology because of her presumed relations with the Democratic Forces for the Liberation of Rwanda (FDLR), a Hutu rebel group and was found guilty of conspiracy with a view to harming the State, through war and terror;
G. whereas Victoire denied all the charges, claiming them to be politically motivated;
H. whereas many human rights organisations denounced the first instance trial of Victoire Ingabire, observing that it was flawed and that international standards were flouted;
I. whereas on 13 September 2012, Victoire Ingabire Umuhoza was nominated for the Sakharov Prize for Freedom of Thought 2012 of the European Parliament;
J. whereas on the 25th of March 2013, Victoire Ingabire started her appeal trial and called for re-examination for evidences;
K. 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;
1. Expresses concerns over the first instance trial of Victoire Ingabire, which did not meet international standards, including her right to the presumption of innocence;
2. Calles 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. Urges Rwandan authorities to ensure that the appeal of Victoire Ingabire is fair and meets standards under Rwandan and international law;
4. Calls for upholding the principle of equality, by ensuring that each party – prosecution and defence - have the same procedural means and opportunities for discovery of material evidence 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;
5. 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 Article 8 of the Cotonou Agreement;
6. Condemns any intimidation, arrests, detentions, and prosecutions of opposition parties members, journalists and other perceived critics of Rwandan government solely for expressing their views;
7. Stresses that in the context of international development work in Rwanda, much greater priority should be given to human rights, the rule of law, and transparent and responsive governance. Calls on the EU in collaboration with other international donors to exert continued pressure for encouraging human rights reforms in Rwanda;
8. 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, .