Rachid Chooses Silence in Court as Prosecutors Seek 14-Year Sentence

By The Inspirer.

The prosecution has requested a 14-year prison sentence for Hakuzimana Abdoul Rachid, a YouTuber known for his controversial broadcasts. Rachid, during his court appearance, did not present a defense against the charges, instead requesting his release.

He asserted that no formal charges had been filed against him and accused his prosecutor of impersonating a legal authority.

Hakuzimana Abdoul Rachid was scheduled to defend himself against several charges, but when given the opportunity to do so, he declined. He informed the court that he had been wrongfully imprisoned for over three years without having committed any crimes. He further claimed that he had not received any official documentation outlining the charges against him.

Rachid stated, “I wrote two letters to the prosecutor requesting access to the case file for my defense, but to date, I have not received it.”

He argued that, having been detained without formal charges, he should be released, as even the 30-day provisional detention period had expired.

“When I was sentenced to 30 days, I immediately appealed, but I have yet to be granted a hearing for the appeal.”

The presiding judge inquired if Rachid’s statements were intended to challenge the proceedings or if he was beginning his defense. After a brief pause, the judge encouraged him to continue speaking.

Rachid informed the court that the legal procedures had not been followed since his transfer to Nyanza for trial.

“I have formally recused the current bench that is presiding over my case, but I lost hope waiting for the President of the Appellate Court to render a decision. I consider this current bench legally invalid, as I recused them according to the law.”

Rachid emphasized that his objections were grounded in legal principles. He further argued that under the law, a person should be tried where the alleged crime was committed or where they reside. In his case, the alleged offense occurred in Kigali, and he is detained in Nyarugenge Prison. Therefore, he believes the trial should take place in Kigali.

He said, “The Special Chamber for International Crimes and Transnational Offenses in Nyanza, located in the Southern Province, lacks jurisdiction over my case. I should be tried in Kigali City.”

The judge then asked if Rachid had anything to say regarding the charges. Rachid responded, “I have submitted evidence proving that no formal charges have been filed against me; the court should investigate this.”

He explained that he was not making a defense or engaging in a legal argument, but rather asking the court to review the evidence he had provided. Rachid further claimed that the case was influenced by coercion or intimidation.

He stated, “The Rwanda Investigation Bureau (RIB) claims that I made a statement on August 26, 202X. However, these documents, originating from RIB, were immediately forwarded to the prosecution and subsequently to the court. They were created under the influence of an external party, dictating the process. In that year, Rwanda had not yet been established.”

When the prosecution was given the floor, it dismissed Rachid’s claims as baseless. The prosecution urged the court to uphold the charges, including spreading disinformation, genocide denial, and other related offenses, and to sentence Hakuzimana Abdoul Rachid to 14 years in prison along with a fine of one million Rwandan Francs.

When Rachid was asked to comment on the proposed sentence, he argued that as a political figure, the law should be followed, stressing that he had already provided sufficient evidence to the court.

“I am in a precarious situation. I am relying on the law. There has been no formal indictment. It would be regrettable if the court gave credence to an individual it identifies as a prosecutor. This is a reputable court, as evidenced by its grand structure, but the final decision lies with the judges. I have been detained for three years under unclear circumstances.”

Rachid, who frequently referenced legal texts during the hearing, argued that the statements he made on his YouTube channel should have been addressed by the President of the Senate or the Rwanda Development Board (RDB), rather than being fast-tracked to court by the prosecutor, who bypassed procedural steps.

Known for his presence on YouTube, Rachid identifies as a political figure and did not directly respond to the individual charges against him. He requested his release, maintaining that no formal accusation had been made. He also contested the legitimacy of the prosecutor, stating that he had prepared a counterclaim accusing the prosecutor of eight offenses, including impersonation.

However, Prosecutor Faustin Mukunzi countered that Rachid does not have the authority to determine how prosecutors are appointed, suggesting that he consult the Prime Minister’s decree if he has doubts about the legitimacy of the prosecutor.

Rachid faces multiple charges, including genocide denial and spreading disinformation, all of which he denies. These charges stem from statements made on his YouTube channel, as presented in court. The verdict is expected in October 2024.

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