Law Times

Law timeS • September 14, 2009 FOCUS Munyaneza sentencing eagerly awaited BY GLENN KAUTH Law Times to sentence Désiré Munyaneza on war crimes charges this month. "Th is case was very signifi cant H because it meant Canada was able to convict people in a crimi- nal context for these crimes," says Jillian Siskind, president of Ca- nadian Lawyers for International Human Rights. Th e case stems from Mu- nyaneza's role in Rwanda's 1994 genocide between its Hutu and Tutsi ethnic groups. A failed refugee claimant who fi rst came to Canada in 1997, Munyaneza faced seven charg- es of crimes against human- ity, war crimes, and genocide stemming from atrocities com- mitted in Butare, Rwanda. Witnesses who appeared against him accused him of be- ing a local leader of one of the Interahamwe militias that com- mitted rapes and murders across the country in a wave of violence that left nearly 800,000 Tutsis and moderate Hutus dead. In May, the Quebec Superior Court convicted Munyaneza on all the charges, the fi rst success- ful prosecution under Canada's Crimes Against Humanity and War Crimes Act. As such, Siskind says her organization was follow- ing the case closely. She says the government had been gun-shy about such cases since a previous attempt to pros- ecute criminally failed in 1994 in the Supreme Court of Canada's decision in R. v. Finta. So instead, offi cials turned to the immigra- tion system in order to deport war criminals living in Canada. "While that's signifi cant, it doesn't have the heft of a criminal conviction," Siskind says. In fi nding Munyaneza guilty, Quebec Superior Court Justice André Denis cited the evidence of a long list of witnesses, most of whom appeared anonymously, who accused Munyaneza of do- ing everything from distributing uniforms and weapons to loading Tutsi refugees into a pickup truck that took them to their deaths. "Désiré Munyaneza inten- tionally murdered many Tutsi, a clearly identifi able part of the civilian population of Butare and the surrounding communes, knowing that his acts were part of a widespread and systematic at- tack encouraged and supported by the government, the army, the Interahamwe, the local elites of which he was a part, and a por- tion of the civilian population," Denis wrote in R. v. Munyaneza. Despite those words, Siskind says Munyaneza wasn't a particu- larly senior fi gure, something she argues made the Rwandan gov- ernment somewhat uninterested in prosecuting him. She says, for example, his name was not on a list of people Rwanda has been seeking to have returned home. As well, the fact Rwanda has the death penalty and lack of jail space complicated uman rights advocates will be watching eagerly as the courts get ready a powerful tool that countries should consider [it] when appro- priate." Now, her thoughts are turn- ing to the sentencing and ap- peal processes. Her hope is that Munyaneza will get both a stiff jail term and lose his bid to overturn his conviction. If that happens, she argues, Canada will have achieved an important precedent, particularly since she says it will make it easier for of- fi cials to undertake such chal- lenging and expensive prosecu- tions in the future. 'you should think twice about coming to Canada if you've committed these crimes,' jillian Siskind says, citing the message the court sent. prospects for extradition, which made it especially important for Canada to undertake the pros- ecution here, Siskind argues. "He could very likely have just gotten off the airplane and disap- peared," if Canada had simply deported him, she says. Getting the conviction wasn't easy for the Crown, however. Investigators fi rst had to fi nd the witnesses, many of whom struggled to remember the pre- cise details of what happened in 1994. But Siskind says this case had the unusual benefi t of people who saw the crimes directly. "In a war crimes or genocide situation, you don't often have eyewitnesses of a particular perpetrator," she says. In addition, many of the people who do see the crimes are fearful of coming forward. But in Munyaneza's case, she feels the evidence was quite strong. "Th e prosecution witnesses really did seem to be the best of what you would hope for in a case like this." Munyaneza's defence team says it is appealing the case. Law- yer Richard Perras couldn't be reached for comment, but Siskind suspects Munyaneza's counsel will focus on the question of universal jurisdiction — whether Canada has the right to prosecute crimes committed elsewhere — rather than on the evidence itself. On that issue, Siskind ac- knowledges there are concerns, particularly from critics who ar- gue such cases represent a type of global inequality since they usually involve courts in the First World trying people from the Th ird World. Belgium, for example, has come under fi re for allowing pri- vate citizens to launch criminal complaints against war crimes suspects whether they're in the country or not, a move the gov- ernment has since reversed due to worries it was leading to a proliferation of cases. Siskind says Canada should use its war crimes legislation carefully. "Universal jurisdiction is not something Canada is making up," she says, noting the idea took on particular prominence during the Nuremberg trials. "I think if used selectively, universal jurisdiction is such Let us open right door for you the We specialize in Employment and Labour Law in Canada Kuretzky Vassos Henderson is a leading employment and labour law fi rm situated in the heart of Toronto. We are comprised of nine lawyers, all of whom specialize in the area of employment and labour law. We act for many prominent public and private sector employers as well as for individuals. Kuretzky Vassos Henderson LLP Our work includes extensive experience in the areas of: Wrongful dismissal • Human rights • Labour relations/Labour law/Collective barganing • Workplace health and safety • Sexual harassment • Employment standards • Employment contracts • Canada Labour Code • Class actions • Mediation/arbitration/ADR www.kuretzkyvassos.com • 416.865.0504 Kuretzky_LT_Mar2_09.indd 1 2/24/09 12:26:18 PM As well, she says she hopes the case will be good for Can- ada's reputation and, more im- portantly, send a message to people like Munyaneza: "You should think twice about com- ing to Canada if you've com- mitted these crimes." LT PAGE 11 Enforcing Human Rights in Ontario The fundamentals you need to quickly navigate the new human rights system Katherine Laird, Executive Director, Human Rights Legal Support Centre Trade Union Representatives: As you know, the was recently amended to significantly change how human rights are protected, promoted and enforced in Ontario. 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