Tom Byabagamba, Frank Rusagara, and François KabayizaRwanda

Tom Byabagamba, Frank Rusagara, and François Kabayiza are former Rwandan military officers. They are currently imprisoned for 20, 21, and five years respectively for criticizing the Rwandan government.

Exiled to Uganda at a young age, Rusagara finally returned to Rwanda in 1994 when he joined the Rwandan Patriotic Front during the conflict that ended the Rwandan genocide. He remained in the military and reached the rank of brigadier general. Throughout Rusagara’s decorated career, he served as director of the Nyakinama military school, chief justice of the Kanombe Military High Court, and Defense Attaché to the United Kingdom. In 2013, Rusagara was forced to retire from the military along with 600 other officers.

Rusagara’s brother-in-law, Tom Byabagamba, is a decorated military officer who served as personal bodyguard of President Kagame from 1990 to 2010. Between 2010 and 2013 he served as head of the Republican Guard, personally charged with leading security for the president.

François Kabayiza is a former officer. A retired sergeant, Kabayiza worked most recently as Rusagara’s driver

After his retirement, Rusagara frequented several popular social gathering spots in Kigali. He met with other military colleagues at these venues and over meals he would occasionally make comments that were critical of the government. He also sent emails to colleagues criticizing the country’s leadership.

Byabagamba made similar comments to other military colleagues criticizing the Rwandan government. Prior to being arrested, Byabagamba had a text exchange with another military officer in which he commented on an online article that was critical of the Rwandan government. In this text exchange Byabagamba reportedly suggested to a colleague that Rwanda was “not well governed.”

Rusagara was arrested on August 18, 2014 on charges of “spreading rumours” and “tarnishing the image of the country and government.” Byabagamba was arrested on August 23, 2014 for charges similar to his brother-in-law in addition to charges of “concealing evidence” for allegedly hiding two pistols Rusagara received as gifts during his time abroad and for “undermining the national flag”, which related to an incident in South Sudan in 2013 where Byabagamba apparently did not salute the Rwandan flag. Kabayiza was arrested on August 24, 2014 and charged with charges of possession of an illegal firearm and concealing evidence after he removed the pistols from Rusagara’s home to and delivered them to Byabagamba.

Rusagara, Byabagamba, and Kabayiza were tried jointly in the Kanombe Military High Court, even though Rusagara and Kabayiza were civilians. The trial itself was rife with procedural violations and irregularities. The defendants were only allowed to cross-examine four out of the eleven prosecution witnesses testifying against them. Additionally, one of the witnesses who testified on behalf of the prosecution had served as judge in one of the defendant’s pre-trial hearings. One of the prosecution’s witnesses faced similar charges as the defendants and later disclosed that he was pressured to testify in exchange for his acquittal.

Rusagara and Byabagamba were convicted of all charges on March 31, 2016. Byabagamba was sentenced to 21 years in prison and was discharged from the military. Rusagara was sentenced to 20 years in prison. Kabayiza was found not guilty of illegal possession of firearms, although sentenced to five years in prison for concealing evidence.

In July 2017, Freedom Now submitted a petition to the UN Working Group on Arbitrary Detention on behalf of the three men. In December 2017, the Working Group found that the detention of all three men was arbitrary and violated international law.

Legal Director Kate Barth speaks to Radio Itahuka about the case

On December 4, 2018, the U.S. House of Representatives’ Tom Lantos Human Rights Commission held a briefing on human rights in Rwanda. You can view the briefing below.

Selected documents from Tom Byabagamba, Frank Rusagara, and François Kabayiza's case
UN Working Group on Arbitrary Detention PetitionJuly 14, 2017

Petition on behalf of Mr. Rusagara, Mr. Byambagama, and Mr. Kabayiza to the UN Working Group on Arbitrary Detention

UNWGAD Opinion 85-2017December 21, 2017

An opinion by the UN Working Group on Arbitrary Detention finding that Mr. Rusagara, Mr. Byabagamba, and Mr. Kabayiza are arbitrary detained in violation of international law.

Written Testimony to the Tom Lantos Human Rights CommissionDecember 5, 2018

Legal Director Kate Barth's written testimony to the Tom Lantos Human Rights Commission for a briefing on human rights in Rwanda.