Olfactor,
You know this small mistake changes everything don't you??????
I did say you were a sick man. I think you're facilitating your own rehabilitation.
Haruna. I think you need to be extradited. To Mbour.
-----Original Message-----
From: Modou Mboge <[log in to unmask]>
To: [log in to unmask]
Sent: Mon, Mar 22, 2010 8:50 am
Subject: Re: Fw: BBC E-mail: Rwanda accused win UK court case - PRECEDENT FOR FORMER HIGH COURT JUDGE SAFIATOU NJIE?
LJD,
I meant to write:
"I hope and pray that Justice Njie's extradition request from the Gambian authorities to the UK government do NOT succeed based on the fact that "....." instead of:
" I hope and pray that Justice Njie's extradition request succeeds based on the fact tha ....."
Thx,
Mboge
On Mon, Mar 22, 2010 at 10:01 AM, Modou Mboge <[log in to unmask]> wrote:
LJD,
Thanks again for beautifully articulating your excellent grasp of the principle of rule law. I hope and pray that Justice Njie's extradition request succeeds based on the fact that "[...] the whole mechanism of Gambian justice is heavily entangled in political calculations. She is not likely to get a fair trial, and as a requirement of Article 6 of the European Convention of Human Rights (ECHR), now statutorily incorporated into UK law by the Human Rights Act 1998 (HRA 1998), her chance of eluding extradition is looking good." LJD
I totally agreed with your observation of the limitations of Kagame's vision. Indeed "...what he must do, and this sooner than he may prefer, is to create an environment that allows his vision to incrementally mature even as he himself no longer leads Rwanda. No one person can fully develop a country, and in my view, this means that every African leader, and, or, ruler, must come to terms with his/her own mortality. Only then will a mighty continent actualise its great potential by making use of the major part of the talent at its disposal" LJD.
I think Kagame is aware of his mortality thus he is trying to do all he can to make sure that institutions function regardless of who is governing Rwanda. However, it is also important to take note of the freshness of the recent history of Rwanda. There still remain a formidable threat to the progress that have been made. There is much work to be done in terms of democracy and human rights yet i still believe Kagame's Rwanda is more democratic than many African states. The process of achieving a genuinely democratic society is ongoing and i hope like you sooner than later when Kagame finnally steps down, the Rwanda he will bequeath is where democracy and human rights will be valued.
Thanks once again for a lucid explanation of issues.
Best,
Mboge
On Sun, Mar 21, 2010 at 10:28 PM, Lamin Darbo <[log in to unmask]> wrote:
Mboge
You are absolutely right that "Four men accused of taking part in the 1994 Rwandan genocide win their High Court battle against extradition" was "strictly premised on the significance of the Legal precedence it sets for 'fugitives' claiming to be escaping persecution". Specifically, I was thinking about Justice Safiatou Njie (Justice Njie) and whether The Gambia Government is likely to succeed in having her extradited by the UK.
Although her alleged crimes are not political, the whole mechanism of Gambian justice is heavily entangled in political calculations. She is not likely to get a fair trial, and as a requirement of Article 6 of the European Convention of Human Rights (ECHR), now statutorily incorporated into UK law by the Human Rights Act 1998 (HRA 1998), her chance of eluding extradition is looking good.
Even as the Rwandan decision is a brilliant exemplification of the rule of law, I have to agree with you that the High Court decision was a difficult one on moral grounds. I am unsure why Rwanda did not seek their extradition for onward delivery to the International Criminal Tribunal Rwanda (ICTR), based in the Tanzanian city of Arusha.
For Rwanda, it should not matter where these alleged criminals are prosecuted. The evidence is suggestive of some involvement by all four in the '94 genocide. In that case, common sense would dictate that they be prosecuted for their alleged crimes, and where found legally culpable, adequately punished.
Undoubtedly, the political arm of government was keen to have them extradited, but the Judiciary blocked that wish on the explicit command of both European, and UK law.
Stated differently, the High Court probably hated the outcome, but there was a clear obligation to implement the law as it is. You are right that under other circumstances, these laws can work quite well for "genuine asylum seekers". This particular decision was nevertheless quite agonising.
As to Kagame, I defer to your expertise on the man, and his vision. What he must do, and this sooner than he may prefer, is to create an environment that allows his vision to incrementally mature even as he himself no longer leads Rwanda. No one person can fully develop a country, and in my view, this means that every African leader, and, or, ruler, must come to terms with his/her own mortality. Only then will a mighty continent actualise its great potential by making use of the major part of the talent at its disposal.
Many thanks for a fine response, and advocacy.
Do you think the Gambia's extradition request regarding Justice Njie should succeed?
Regards
LJDarbo
--- On Sun, 21/3/10, Modou Mboge <[log in to unmask]> wrote:
From: Modou Mboge <[log in to unmask]>
Subject: Re: Fw: BBC E-mail: Rwanda accused win UK court case - PRECEDENT FOR FORMER HIGH COURT JUDGE SAFIATOU NJIE?
To: [log in to unmask]
Date: Sunday, 21 March, 2010, 17:38
LJD,
I guess your sharing the judgement on the Rwandans by the High Court of the UK was strictly premised on the significance of the Legal precedence it sets for 'fugitives' claiming to be escaping persecution. I hope it is not presumptuous of me that you had in mind the Gambian female judicial employee currently in the UK apparently running away from Gambian justice a la Jammeh when you shared the ruling. I assume that it is no rocket science that this ruling will provide protection for the corrupt criminals, genocidaires and their apologists from being brought to justice where it matters ie where their alleged crimes were committed.
It seems the so-called High Court Judges are more concerned with the human rights of vile genocidaires than those genuine asylum seekers whose fear of being killed and tortured in their homeland is consistently ignored and questioned and in some instances ridiculed by Western media pandering to the right-wing politics of the "other" coming to take our jobs and scrounging on our generous welfare systems. Im no lawyer but i hope this ruling also can be useful to genuine asylum seekers.
Reading a response to the article you shared by our "descerner extraordinaire on this forum" comparing our criminal outfit headed by a deranged buffoon in the person of SHEPAD Jammeh gave me zits as well as being squirmish for a while.
The realities of Gambia and Rwanda are markedly different. Kagame and Jammeh are poles apart. Kagame is a smart and patriotic leader, a visionary engaged in healing a traumatized people, one fighting a good fight in ushering in a new nation based on functioning institutions. The howling on this divisionism by the Economist is in my view an irrelevant unworthy distraction. Kagame should take no advise or lecturing from a rabidly anti-African magazine that once ran a feature cover story by Richard Dowden on Africa: The Hopeless Continent. It may be true that many an African country is marred by hunger, conflict and strife yet i have no doubt that if anything the African peoples are mostly hopeful and optimistic about the future. This may be sometimes wrongly attributed to fatalism.
Of course there still remains a lot to be done in terms of democracy and human rights in Rwanda but one must acknowledge the giant strides already achieved in relation to these ideals. It is work in progress that is being managed very well under extremely difficult circumstances. Rwanda under Kagame boast one of the most enlightened gender equality legislatures in the world. And this goes beyond just symbolic balancing of the sexes in terms of representation (given that 33% of the Rwandan Parliament is female) in politics. Women compete and participate in all sectors of Rwanda society. There is evidence of substantive and particapatory democracy in everyday life of the ordinary Rwandan. The economy in Rwanda is booming, civil society is being built and their advocacy left, right and centre permeates in and at all levels of society. Under Kagame's Rwanda a state by all standards that failed, has emerged way ahead of many African countries in terms of health care access to its denizens. There is national health insurance for virtually all Rwandans. With Rwanda now on the right path to development and substantive participatory democracy i join the hoard of admirers wishing the Kagame juggernaut to keep steaming ahead. I do also hope that the juggernaut also destroys and annihilate all the negative forces trying to block it especially those coated in ethnicity. Ethnicity is important but not to the detriment of building a prosperous Rwandan nation that concerns herself with providing peace, prosperity and progress to its people.
There exists a genuine concern by those trying to deny the horrid genocide that took place in 1994. Politicians such as Victoire Ingabire Umuhoza trying to play on ethnic sentiments must be reigned in. This does not mean that people should be denied the right to associate with the ethnic skirt they want to wear as long as it is not to villify or create schisms between and among their brethren and sisters. Afterall the Tutsi and Hutu are from the same family of Bantu-speaking peoples. But if not for a sad historical constructionism perpetrated by colonialists based on banal concepts such as the Hamitic Hypothesis , the Tutsi-Hutu dichotomous relationship might have been avoided. I shall not suffer the esteem lot of this forum on the nitty-gritty of this racist hypothesis which helped in the pogroms of the Tutusis in 1959 and the genocide of 1994.
We have seen the shenanigans of France and some other northern governments trying to stifle the progress and development of Rwanda since the RPF came into power. I will have Kagame any day as my leader compared to the rogues we have splattered across our wounded continent irresponsibly abusing the noble ideals of democracy and human rights.
Best,
Mboge
On Sun, Mar 21, 2010 at 7:56 AM, suntou touray <[log in to unmask]> wrote:
LJ, reading the economies Magazine edition of last week, i can see similar tactics in the arena of suppression of opposition views in Rwanda to that our own mad man. Kegame's government invented a dangerous term 'divisionist'. This term is label against opponents of the government with the country's sad past. The genocidal past was trigger by tribal sentiment, hence the divisionist concept.
It is interesting how our guys invent this sinister strategies to suppress alternative views. Key members of the opposition are regularly accused of being guilty of genocide, a tack one is unable to free himself from.
Suntou
On Fri, Mar 19, 2010 at 12:18 AM, Lamin Darbo <[log in to unmask]> wrote:
--- On Fri, 19/3/10, LJD <[log in to unmask]> wrote:
From: LJD <[log in to unmask]>
Subject: BBC E-mail: Rwanda accused win UK court case
To: [log in to unmask]
Date: Friday, 19 March, 2010, 0:08
LJD saw this story on the BBC News website and thought you
should see it.
** Rwanda accused win UK court case **
Four men accused of taking part in the 1994 Rwandan genocide win their High Court battle against extradition
< http://news.bbc.co.uk/go/em/fr/-/1/hi/uk/7989534.stm >
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