CPCR – Collectif des parties civiles pour le Rwanda Pour que justice soit faite
Examination of Mr SIMBIKANGWA
The President, Mr Régis DE JORNA wishes to question the accused on the outline of his defence.
1. “An Assize Court has found you guilty of certain facts, has acquitted you for others. Guilty of genocide and not of complicity. 25 years imprisonment. You made an appeal and the prosecutor, in turn, made a “cross appeal”. Why did you make an appeal ?” SIMBIKANGWA answers that he does not recognize the sentence imposed on him, sentence that was unfair : “I was convicted for the contrary of what I did !”
2. “The ICTR has made a judicial finding : “The Tutsi genocide is a fact of common knowledge that can not be reasonably disputed”. Of course, denial, revisionism exists. And you, what do you thunk ? (NDR. The President uses the term “Tutsi genocide” or “Rwandan genocide” indifferently. Mr FOREMAN will attract his attention to this so we use the term “Tutsi genocide”). SIMBIKANGWA said he did not understand right away that a genocide took place because there were 2500 UNAMIR troops, 50 000 FAR soldiers and 10 000 FPR soldiers! He ends up admitting a genocide existed, that people died “because they were Tutsi, it’s known !”. SIMBIKANGWA will however have to explain his comments made claiming the genocide had become for some “business assets”, “an instrument of power” ! Adding : “I am an honest man ! Rwandans know me. With the forces present in Rwanda, I did not believe people could kill each other.” Amazing ! He recalls that in his town of 40 000 inhabitants, there were only 3 dead! Surprising ? Not really. And he reminds he only saved people, the ICTR did not want to prosecute for insufficient charges ! The President reads comments he made in other places : ”I am a victim of aa cabal of victims’ associations pursuing survivors Hutus across the world…” SIMBIKANGWA once again, doesn’t answer the question asked.
3. Regarding the number of victims, the president pointed out to the accused that he declare having seen none during the genocide! SIMBIKANGWA’s answer : “This is a very difficult question. I remember seeing a man being burned alive… The streets were regularly cleaned, I only came out on the 9th of April.. A single person saving a Jew is considered a Just..” Why not him who saved Tutsis ?
4. The President resumes. “After HABYARIMANA’s death, you remained prostrate while you consider yourself a “fighter”. How do you explain this behaviour ?” Answer : “I was sad. I didn’t do anything” !
The examination will be interrupted to be resumed after hearing medical experts.
Resumption of questioning.
Mr FOREMAN starts by reacting to what medical experts said. One understands clearly that if SIMBIKANGWA is convicted, he would be fully responsible for his actes in the mesure that he had a full awareness of what was happening. Asked whether there was a double genocide, the accused eventually confessed after many convolutions, there was also a Hutu genocide between 1996 and 1998. The President allowed himself just before to remind him of his comments: “everyone knows that all those who died, those were Hutu, five times more than Tutsi. After the genocide, the FPR massacred millions of Hutu!”
Mr FOREMAN wants to come back to the single victim that the accused finally saw burning on a pile of tires. Why is SIMBIKANGWA so persistant in saying that it was an infiltrator? How does he know? In response, the accused will say that “people were shouting that it was an infiltrator. You can not deny that members of the FPR were infiltrators. “
The last comment of the lawyer of the CPCR. “Mr. SIMBIKANGWA said the ICTR did not fault him when he handed over the file to the Rwandan authorities. It’s wrong. When discussing the closure of the ICTR in 2005, nobody knows where the accused and his case could not be considered! “ It is not complicated, and that’s the truth.
Mr. CROSSON du CORMIER spoke in turn. He was surprised that the accused, a relative of the president, is aware of nothing that happened in April 1994. He also asked what he did during the ten years of his exile, before his arrival in Mayotte. As usual, SIMBIKANGWA gets confused, drowning the fish. General Attorneys reaction: “When you are in the mood, I’d like to hear what you were doing during this period”. Amazing response from the accused: “My country is my freedom … my country is the french eighteenth century. “ Figure it out.
Hearing of three medical experts: Ms. Annie SOUSSY, Mr. FINALTAIN, forensics, and Mr. PROSPER, psychiatrist.
It is not necessary to repeat in detail each of the depositions, especially as some details fall almost into confidentiality. That the expertise is medical or psychiatric, the conclusions are the same: SIMBIKANGWA is responsible for his actions. If convicted by the courts, no deficiencies will minimize his responsibility. Of course, the accused has many health problems, he is subject to numerous medical treatments. Prison life is hard, he had trouble during his detention in Mayotte. The question that was put to the experts was whether Mr. SIMBIKANGWA could stand trial. The answer is clear: if we give him time to rest, if one installs a room where he can get the care he needs, if transport can be achieved by ambulance… there is no reason that the trail not be held, “the accused is perfectly fit to stand trial.” The president reassured experts pointing out that most requests that had been made were implemented.
Hearings are adjourned at 6:40pm.
Alain GAUTHIER, Chairman of the CPCR.
(translated by Leah TSHABALALA)
