Katsaira and Busingye signing Malawi-Rwanda extradition treaty in Lilongwe
LILONGWE-(MaraviPost)-The governments of Malawi and Rwanda have on Thursday signed the Extradition Treaty aimed at transferring convicted persons between two nations for mutual justice delivery.
The two nations have gone further signing Memorandum of Understanding (MoU) on the rehabilitation and reintegration of offenders and human resources development transfer of sentenced of persons of sports and culture.
The development comes barely a week after Malawi and Rwanda hosted a two day Joint Permanent Commission for Cooperation (JPCC) in the capital Lilongwe where among others agreements and MoU on diplomacy health, agriculture, sport, art and culture, local government, education, defense and security has been signed. Continue reading Malawi and Rwanda sign extradition treaty; state ready to commerce Murekezi case→
LILONGWE-(MaraviPost) – Senior Resident Magistrate Patrick Chirwa on Tuesday dismissed the extradition case in which Genocide suspect Vincent Murekezi was answering saying that Rwanda is not one of Malawi’s designated countries in line with Malawi’s Extradition Act.Rwandan genocide suspect Vincent Murekezi (centre): the court rules that he should not be extradited
In his verdict Magistrate Chirwa observed that the state erred to
pursue a case on somebody when his country of origin does not conform to the other country’s laws on commonwealth treaty and agreement.
This means that Murekezi is free to stay in Malawi but will remain in police custody for a corruption case which he was convicted while waiting sentence.
The ruling comes barely a week after both the defence and state
submitted their observations on the matter.
In his submission, Senior State Advocate Steven Kayuni told the court that in case of Malawi, in line with Section 3 of the extradition Act, the Act gives the minister power to enter into special agreement on extradition.
Kayuni added that the genocide is also extraditable offense under the extradition Act which includes murder as an offense that one can be extradited for killing as it falls under the same murder jurisdiction hence the need to send Murekezi to his own country for trial.
While in his argument Murekezi’s lawyer Wapona Kita hinted that the case was tried using the Malawi’s Extradition Act saying by virtue of issuing of Authority to proceed by the Home Affairs minister as stipulated in the Act, means the case could not continue using Commonwealth treaty when Rwanda is not one of the countries in agreement with Malawi under the Act.
Lawyer Kita observed that even in 1998 when the Act was being
revisited, Genocide had already took place in Rwanda, and that Malawi government didn’t yet include genocide and Rwanda as part of the Act.
Kita went further saying the law is basic and its wake up call to
state, ministers to go and visit the powers and make provisions with Rwanda.
After the ruling, Kayuni told The Maravi Post that the state will work on all errors made in the matter in the view that the case might be revived soon.
On the other hand Kita along side Murekezi’s friends and relatives were over the moon with the judgment saying reasonable grounds worked on the matter.
Murekezi was arrested on December 8, 2016after Rwanda National Prosecution spokesman Nkusi Faustin confirmed that they have been asking Malawi for the extradition of Murekezi from 2009.
Later the state came again with fresh charges that the suspect
absconded court appearance on corruption-related charges, jumped bail and sneaked out to Zimbabwe using a Malawi Passport in 2008
LILONGWE-(MaraviPost) – The state through Home Affairs and Internal Security Ministry has on Wednesday furnished Lilongwe Magistrates court with extradition consent letter for the on-going Rwandan Genocide suspect Vincent Murekezi case.
Vincent Murekezi in handcuffs: state issues his extradition consent
This means the court proceedings on extradition will go on on Friday January 27, 2017 as slated before the Principal Resident Magistrate Patrick Chilunga Chirwa.
On Tuesday last week Principal Magistrate Chirwa ordered the state to provide the court with written extradition consent after the defence team argued that the proceedings could not go ahead without it in line
with Section 7 of Malawi’s Extradition Act.
This follows the court’s dismissal on an application defense counsel made that the lower court could not handle such a high profile case.
In his argument Murekezi’s lawyer Wapona Kita discredited the magistrate capacity to handle the matter arguing that the magistrate had no powers to handle the extradition case.
Kita accused the state of flouting laid down procedures when it arrested Murekezi without a valid warrant of arrest from any court in the country.
He further argued that genocide is not an extraditable offence saying the state could have labored in vain over the matter.
However, Principal Magistrate Chirwa dismissed the defence team assertion arguing that he was able to handle the matter as was under his jurisdiction.
Senior State advocates Steven Kayuni told The Maravi Post that all Murekezi will remain in police custody until extradition proceedings are done arguing that granting the suspect bail this time will jeopardize the proceedings of the case.
Murekezi was arrested on December 8, 2016 after Rwanda National Prosecution spokesman Nkusi Faustin confirmed that they have been asking Malawi for the extradition of Murekezi from 2009.
Later the state came again with fresh charges that the suspect absconded court appearance on corruption-related charges, jumped bail and sneaked out to Zimbabwe using a Malawi Passport in 2008.
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