Rwanda: NAHIMANA SERVED AS PRESIDENTIAL ADVISOR, PROSECUTION ALLEGES

NAHIMANA SERVED AS PRESIDENTIAL ADVISOR, PROSECUTION
ALLEGES

By Mary Kimani

ARUSHA 18 March 2002 (Internews) The prosecution in the so-called "Media
Trial" produced news articles before judges at the International Criminal
Tribunal for Rwanda (ICTR) to prove that genocide suspect Ferdinand Nahimana
was a presidential advisor based in Gisenyi Province in July 1994.

However, Nahimana's defense team is contesting this charge. Diana Ellis of
United Kingdom, co-counsel for Nahimana, argued that although Nahimana could
have been in Rwanda at that time, he never advised President Theodore
Sikubwabo. Nahimana's defense of alibi indicates that he left Rwanda on 11
April 1994 and was not in the country during some days in May and June.

News articles written by Agence French Press (AFP) were produced in court
through the testimony of ICTR investigator Aaron Musonda, the 41st witness
in the trial. The articles indicate that Nahimana acted as advisor to the
Rwandan president and issued statements in this capacity while he was in
Gisenyi in July 1994.

The news articles represent part of the 48 documents the prosecution
submitted as exhibits during Musonda's testimony.

Musonda is testifying against Nahimana, Jean Bosco Barayagwiza and Hassan
Ngeze. Nahimana and Barayagwiza were founding members of the Radio
Television Libre Des Mille Collines (RTLM), and Ngeze was editor and owner
of an alleged Hutu extremist newspaper, 'Kangura.' All three have denied
charges that they used their respective media to incite ethnic hatred and
genocide in Rwanda.

Musonda also submitted letters from human rights organizations in Rwanda and
from Anatole Nsengiyumva, a former Rwandan military officer who is currently
awaiting trial before the ICTR. 'Interahamwe' members wrote some of the
letters produced. The Interahamwe was the militia wing of the Movement of
the Republic for National Development (MRND), the party that led a coalition
government during the April-June 1994 genocide.

The prosecution claims that the documents prove that Nahimana was an
Interahamwe member and worked with the military to "fight the enemy," who
were allegedly defined by RTLM radio as ethnic Tutsi.

Defense attorneys for all the accused objected to the submission of the
prosecutor's documents. Ellis pointed out that most of the copies were
illegible, adding that the prosecution is only reading out portions of the
documents, putting the information out of context.

Rene Martel of Canada, co-counsel for Ngeze, claimed the documents are
prejudicial to the defense as their authors are not being called as
witnesses and cannot be cross-examined. Alfred Pognon of Benin, co-counsel
for Barayagwiza, objected that a number of the documents are unsigned,
making it difficult or impossible to prove authorship.

The court accepted all but four of the documents. The prosecution was
directed to submit the four rejected through the evidence of another witness
in order to prove their authenticity and relevance, ruling that the
prosecution must produce more evidence to prove authorship of the four
documents.

Musonda's testimony continues.

The trial is held before Trial Chamber I of the ICTR, comprising Judges
Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka
De Zoysa Gunawardana of Sri Lanka.

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