AVICA
Belgium
14.02.02
In September 2001, the International Criminal Tribunal for Rwanda duly hired Patrick Ssimbwa as an expert translator. He had then being living in TANZANIA regularly since two years in Arusha beyond reproach, meaning that he entered the Tanzania territory with an entry visa, which was a subject of regular renewal.
What is surprising is that, on November 20th 2001, around 21 h 00 p.m., he was arrested without any warrant and put into police custody on the pretext that his travelling document was not in order.
The following day (November 21st 2001), the immigration office, having considered that there was nothing wrong with his travelling document, decided to release Patrick Ssimbwa. In fact, the immigration office had been dealing with that travelling document since two years because it was used to grant him visa.
The same day, at the same time, two police officers in plain clothes strongly opposed to that immigration office decision and decided to keep Patrick in police cell where he stayed until November 26th 2001. He was then brought before the judge under the accusation of "passport forgery". After the hearing, he was taken to the central prison of Arusha.
On December 3rd 2001, the Judge decided to release him on bail as the allegations against him were groundless. This time, the police again decided to obstruct opposing to that judicial decision consisting of releasing Patrick Ssimbwa and took him into its custody until December 11th 2001 whereas, according to the regulations in force in Tanzania, the police cannot hold somebody in its custody more than 24 hours without bringing him to court.
During that solitary confinement, some police elements (2 police officers), for unknown purposes, conditioned manipulated him and forced him to say that "his passport was not regularly gotten". Immediately after having extracted that "confession" from him, the same police officers escorted him before another Judge of the same tribunal to open another case under accusations of: "Forgery and uttering false document".
On January 4th 2002, in addition to what was reported to the accused on December 11th 2001, a police officer that introduced himself as a public prosecutor brought in a new charge that Patrick Ssimbwa might have been involved in 1994 Rwandan genocide and was wanted by the government of Kigali. He insisted on postponing the judgement pretending that the exhibits from Kigali were not available yet.
We think this the reason why the police have been preventing Patrick from appearing before the Judge for the first case on December 17th 2001 and on January 2nd 2002 by keeping hidden the ad hoc summons.
It is important to notice that, even for the second case, the hearing was initially fixed on December 21st 2001 but Patrick was not allowed by the police to leave the prison and appear before the court.
On January 7th 2002, when Patrick Ssimbwa was brought to court, he took that heaven-sent opportunity to denounce that inhuman behavior and mistreatment from the police. He then maintained and stressed that his travelling document was genuine. The Judge in charge of the new case dismissed the allegations from the Immigration Department because there were no clear charges against Patrick Ssimbwa by anybody.
Notwithstanding that position of the Judge, Patrick Ssimbwa had to be escorted to the central prison of Arusha by the police that was pretending that his case was not closed yet. The Judges got shocked by such attitude (from the police) as it was drastically contrary to the justice policy of the United Republic of TANZANIA.
Finally, the District Court of Arusha decided to consolidate all Patrick's files in order to avoid that disorder brought in court by the police in relation with his passport.
As the file was one, on February 7th 2002, the Court globally and clearly decided on that case by releasing Patrick Ssimbwa on bail, the awaiting day of the final judgement being fixed on February 14th 2002. Immediately after, while Patrick Ssimbwa was getting ready to go home, the police showed that it was above the law by again arresting him and taking him to the police custody.
The new arrest was violently carried out and to everyone's dismay. The public was dumbfounded by the way Patrick was assaulted like a criminal while the Tanzanian justice which is known for its equity, had already decided with sovereignty and with full knowledge on those facts.
The following day, on February 8th 2002, Patrick Ssimbwa was brought before another judge (the 3rd one) of the same tribunal with the same accusations but with different terms.
After having been notified of these new "charges", poor Patrick was, once again, taken into the central prison of Arusha. Hearings for the new case will take place on February 22nd 2002. Meanwhile, the police, which that wants to be all-powerful, omnipresent and super, is trying to prevent Patrick Ssimbwa from appearing before the Court on February 14th 2002, date set for the ultimate judgement of the first case.
What can be retained from all this?