By Jennifer M. Haralambides
Impunity Watch Reporter, Africa

ARUSHA, Tanzania – A United Nations court has overturned a conviction and 20-year sentence faced by the former Rwandan president’s brother-in-law for the organization of a massacre during the country’s 1994 genocide.

After a hearing at the International Criminal Tribunal for Rwanda (ICTR), based in Tanzania, Judge Theodor Meron ordered the immediate release of Protais Zigiranyirazo (“Mr. Z”).

In a 30-page ruling, the court said that it had reversed Mr. Z’s convictions for genocide and crimes against humanity because those convictions had “violated the most basic and fundamental principles of justice.”  Also stating that, “In these circumstances, the Appeals Chamber had no choice, but to reverse Zigiranyirazo’s conviction.”  The court declared that trial judge had, “seriously erred in its handling of the evidence.”

Reporters who attended the hearing said Mr. Z looked stunned and relieved by the ruling.

“God is great and justice has been done.  I am very happy,” he told BBC reporters.

Zigiranyirazo’s lead defense attorney, John Philopt, is pushing for him to be sent back to Belgium where he was arrested, or to France where his wife lives.  He says that they are very happy with the judgment, but that Zigiranyirazo must be reimbursed for the damage that was done.  Philpot says the 8 1/2 years spent in detention need to be reimbursed in some way.

The excitement over the judgment is not shared by all. Rwanda’s prosecutor general, Martin Ggoga, stated that regardless of the procedural mistakes that were made, the verdict is “deeply disappointing.”

“If ‘Monsieur Z’ could be found innocent how is anyone going to be found guilty.  This decision attacks the very roots of trying to find justice for the genocide,” said continued.

In 2008, Zigiranyirazo was convicted of organizing a massacre that left about 1,000 Tutsis dead.  During the genocide at least 500,000 ethnic Tutsis and moderate Hutus were killed.  The genocide began in April 1994 when President Habyarimana’s plan was brought down.  During this time, his brother-in-law, Zigiranyirazo, was a very influential member of the Rwandan government.

Once the violence started, the killings spread across the country and lasted 100 days.  It finally came to an end when Tutsi, Paul Kagame, led his rebel army to overthrow the Hutu government.  Kagame is currently Rwanda’s president.

For more information, please see:

AP – Judge Frees Rwandan, Overturns Genocide Conviction – 16 November 2009

BBC – Rwanda Genocide Ruling Overturned – 16 November 2009

Guardian – Rwanda Genocide Conviction Quashed Leaving Monsieur Z Free – 16 November 2009