Synthesis: Hassan Ngeze’s testimony

By Hirondelle News Agency

Hassan Ngeze, one of the three accused in the "hate media" trial, testified before the International Criminal Tribunal for Rwanda (ICTR) March 24 to April 8, 2003. A former owner and editor-in-chief of the "Kangura" newspaper, 46-year old Hassan Ngeze is charged with seven counts, among them, genocide, conspiracy to commit genocide, complicity in genocide, direct and public incitement to commit genocide and crimes against humanity (assassinations, persecution and extermination).

The office of the prosecutor maintains that between January and December 1994, Hassan Ngeze "knew or had reasons to believe that articles published in Kangura incited, helped and encouraged the population and militia to exterminate all Tutsis, moderate Hutus, and Belgian citizens, and never took reasonable measures to prevent those acts or punish his subordinates". In addition, Ngeze is also accused of killing a Tutsi woman on April 10, 1994 and one of his neighbours who was also Tutsi, Modeste Tabaro, on April 21, 1994 in Gisenyi (western Rwanda).

During his examination-in-chief Ngeze refused to be guided by his lawyers, opting to steer his own defence according to a "structure" he had prepared. Ngeze’s six-chapter defence strategy was highly publicised when the accused posted it on the internet.

His defence plan touched on many diverse issues such as the origins of the Hutu-Tutsi conflict in Rwanda, his role as a journalist and "saviour" of Tutsis during the genocide. It also included an interpretation of his writings in Kangura and challenging prosecution witnesses’ testimonies.

Ngeze however spent a big portion of his testimony on the history of Rwanda, reserving little time to reply to accusations levelled against him. The president of the chamber, Judge Navanethem Pillay of South Africa, called the accused to order on many occasions, telling him:" We expect you to defend yourself. Presenting history books does not help your cause because they are not elements of proof".

Ngeze kept arguing that in order to understand Kangura, one first had to fully understand the realities of the Rwandan history, which according to him, was characterised by antagonisms between the Hutus and the Tutsis.

A turbulent history

"All that was written in Kangura from issue number one to 73 is part of Rwandan history", Ngeze continued unflaggingly during his testimony, regretting that Rwandans never discussed the origins of the Hutu-Tutsi conflict. Ngeze maintains that "the 1994 tragedy is a combination of sad events that were never tabled for discussions before Rwandans".

The former journalist is of the view that Rwandans missed a big chance to debate the issue during peace negotiations in 1993 between the government of Rwanda, at that time dominated by Hutus, and former rebels of Tutsi-dominated Rwandese Patriotic Front (RPF) that are in power in Kigali today.

"The international community forced us to apply the Arusha accords yet we had not exhausted all points of discussions" argued Ngeze, saying that the problem of ethnic relations were never on the agenda during the negotiations. "Reconciliation will never be possible if Rwandans do not come to terms with their history", he declared.

Ngeze continued that it was one of the reasons that he joined up with about 50 other people in early 1992 to form a political party, the Coalition for the Defence of the Republic (CDR). According to him, CDR was the only party ready to table the political problems between Hutus and Tutsis.

"I fully agree with the statutes of CDR", Ngeze made the revelations, underlining the fact that it was the only party willing to push for an open debate on interethnic relations in Rwanda. The ICTR prosecutor on the other hand alleges that CDR was a front that preached the Hutu extremist ideology.

Hassan Ngeze denies ever supporting that kind of ideology. "I was one of the 55 people who founded CDR, but after its creation, I disappeared", explained Ngeze, adding that his profession as a journalist called for his neutrality vis-à-vis political parties.

Ngeze was also quick to justify his title of "advisor" within CDR, arguing that it was simply an "honorary" title. He continued that his close association with CDR was also an attempt to entice the party to buy advertising space in Kangura.

Ngeze the journalist

Hassan Ngeze claims to have got into the media profession in 1978 working with "different Rwandan newspapers" without naming any in particular. He was a journalist with "Kazagwa" in 1984, before changing its name to "Ejo Nzamera Nte" a few months later. In 1989 it again changed its name, this time to "Kanguka".

Ngeze simultaneously launched "Gisenyi Information", which he describes as "the only independent news agency". But observers reveal that that it was nothing more than a kiosk at Gisenyi market that sold newspapers, soft drinks and that also offered telephone and fax services.

Because of the change in the editorial policy, Ngeze moved from Kanguka and started "Kangura" in May 1990. According to him, Kanguka had fallen under the influence of some Tutsi businessmen with links to the RPF. The rebel movement was at that time preparing to attack Rwanda.

During his testimony, Ngeze insisted that he was the sole owner of Kangura. The prosecution on the other hand alleges that the newspaper was created by people close to the entourage of former president Habyarimana to propagate the "Hutu extremist ideology". The list includes Ngeze and his two co-accused; the university professor Ferdinand Nahimana and Jean Bosco Barayagwiza, a politician. Also on the list is former minister, Joseph Nzirorera.

Describing himself as a "street boy", Hassan Ngeze cleared himself of any wrong doing. "I was nothing. The prosecutor makes me out as if I was someone important, close to the government and billionaires", Ngeze defended himself, adding that sometimes he had problems meeting his printing bills.

"No one, not even one person in the government helped me. Instead they threw me in jail", he said. Ngeze also revealed to the tribunal that between 1980 and 1994, he was imprisoned 20 times and arrested 35 occasions. "Prison was my second home", he frequently liked to joke. "Every time I produced a newspaper, I immediately packed my bags as I knew I would be going to prison", the accused stated.

Kangura’s editorial policy

Ngeze then went on to defend the editorial line adopted by Kangura, denying allegations that he extolled Hutu unity against Tutsis."I never called for Hutus to unite against Tutsis. I called for unity among Hutus so they could sit down with Tutsis and talk over their problems",

Ngeze explained. In December 1990, Kangura published the famous "Ten Hutu commandments", which, according to the prosecutor, "not only openly poured scorn and incited hatred for the Tutsi minority, but also singled out Tutsi women for slander and persecution".

One of the said "commandments" stated that "Hutus should stop showing pity to Tutsis." Hassan Ngeze had earlier published the "nineteen Tutsi commandments". Hassan Ngeze claims that he never supported any of the Commandments, "be they Hutu or Tutsi". According to him, it was of paramount importance that Rwandans be informed of the existence of these "commandments", adding that "Kangura is not a bible. "Articles published in Kangura were meant to provoke debate among its readers".

It is on that argument that Hassan Ngeze denies having incited massacres using Kangura."I never incited anyone to do anything", he underscored, adding that he simply used "normal language" in his writings. The prosecution has a different view from Ngeze’s. It argues that Ngeze relied heavily on Rwandan proverbs to incite hatred against Tutsis. "It is everyday language in usage

in Rwanda, it is not my own invention", Ngeze retorted. He then goes on to justify his defence by saying that at the height of the genocide, he never published anything.

A Good Samaritan?

Hassan Ngeze on the contrary presented himself as the "saviour" of thousands of Tutsis during the genocide by taking them to safe havens whether in Rwanda or in the former Zaire. The accused further claimed that he "recruited" others to help him save Tutsis.

"The person standing before you is not a criminal", Ngeze declared. "Soon you will have before you former high ranking members of the government and the military. Just ask them one question: How many people did you save?" he stated.

Ngeze argued that his generosity was well known by his countrymen, punctuating his remarks that; "I am the hand that gives cattle to others. I am the person that families turn to in times of problems… those who call upon me in times of danger, I rush to their aid".

In addition, the former journalist claimed that he is unjustly accused. "I told the prosecutor that he had arrested the wrong person. In fact I should have been called as a prosecution witness", he stated.

He continued by saying that well before 1994, he had tried to prevent massacres by warning competent authorities of the dangers of resuming the war. "if they had listened to me, this tribunal would not be in existence because there would never had been a war", Ngeze declared.

In conflict with his lawyers

During his testimony, Hassan Ngeze refused advice form his counsel, the

American John Floyd and Rene Martel from Canada. The Chamber gave him the green light to testify directly before being cross-examined by the prosecution.

Ngeze gave a hard time to his lawyers whom he frequently requested that they be replaced by those of his own choosing that he would pay form his own pocket. The accused and his counsel have an understanding that they will not represent him in case of appeal.

Counsel Martel nevertheless stuck by his client during his testimony on many occasions, reminding him of pertinent questions the chamber expected him to answer and objecting to some of the prosecutor’s questions.

Rene Martel also filed for and obtained that more time be given to his client to testify. "It is obvious that Mr. Ngeze has not yet finished answering charges levelled against him… it would be prejudicial to his case", Martel argued on the fifth day of Ngeze’s testimony. The chamber accorded the accused an extra day and a half before being cross-examined by the prosecution.

During cross-examination by Charity Kagwi-Ndungu, the Kenyan member of the prosecution team, the accused tried to control proceedings, going as far as suggesting to the prosecution the questions he should be asked and the attitude to adopt. The chamber on many occasions reminded him to have the courtesy of showing some respect to the prosecution.

The media trial is being heard by Trial Chamber One of the first instance of the ICTR presided over by the South African, Navanethem Pillay assisted by the Norwegian Erik Møse and Asoka de Zoysa Gunawardana from Sri Lanka.

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Last modified: April 25, 2003.
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