RWANDA: Canadian order to deport Rwandan

 

An estimated 800,000 people were killed in the genocide A Rwandan exile accused of inciting the massacre of ethnic rivals in his homeland should be deported, Canada's supreme court has unanimously ruled.The court said there is well-founded evidence that Leon Mugesera encouraged the violence in which Hutus killed an estimated 800,000 Tutsis in 1994. The case rests on a speech he made 18 months before in which he allegedly called for the extermination of Tutsis. Mr Mugesera has always claimed that his speech was taken out of context. Two immigration tribunals have in the past ordered his deportation, but a Federal Appeals Court two years ago ruled the evidence did not indicate Mr Mugesera deliberately incited murder. He says he fears torture or death if deported back home. Extermination plan The Canadian government says the speech directly incited the murder rampage. No one believes that he can be safe in returning Guy Bertrand, Leon Mugesera's lawyer "In this case, the allegation of incitement to the crime of genocide was well founded," the court ruled. "Mugesera's message was delivered in a public place at a public meeting and would have been clearly understood by the audience." The BBC's Lee Carter in Toronto says the decision by all eight judges on the supreme court in Ottawa is a major step forward for the Canadian government in its efforts to deport Mr Mugesera. The government has been trying to deport the former Hutu politician, who lives in Quebec City, since 1996. In the early 1990s, Mr Mugesera was a member of Rwanda's ruling Hutu party, the MRND, which was closely aligned with the country's armed forces. In a speech made in 1992, which was caught on videotape, he is seen apparently telling more than 1,000 party members that they should kill Tutsis and dump their bodies in the river. He referred to Tutsis as cockroaches, and said they should be exterminated. Death penalty concern Many observers of the Rwandan genocide say the speech directly influenced the mass killings that ensued two years later. After Mr Mugesera fled to Canada a decade ago, the Rwanda government of the day issued a warrant for his arrest, sparking the Canadian government's attempts to return him home. However, he may still be able to avoid deportation if he will be subject to the death penalty on his return to Rwanda. "No one believes that he can be safe in returning," Mr Mugesera's lawyer Guy Bertrand said after the supreme court decision. Canada, which has no death penalty, may seek an assurance from Rwanda's authorities that they will not pursue a death penalty even if Mr Mugesera is convicted of genocide. Source: BBC NEws, Last Updated: Tuesday, 28 June, 2005, 18:40 GMT 19:40 UK