Wednesday, 26 April 2017
 
Vincent Murekezi (in handcuffs) is currently still in prison Vincent Murekezi (in handcuffs) is currently still in prison Image sourced at new times.co.rw

Judicial Review Delaying Extradition Case In Malawi

Written by  Written By John NAMALENGA JNR Apr 11, 2017

Legal eagles are weighing in their views on the appeal by the defense team for Rwandan national Vincent Murekezi, to let the extradition treaty be domesticated before applying it in Malawi.

The extradition treaty which was signed by Malawi’s Minister of Foreign Affairs and International Cooperation, Francis Kasaila is being questioned of its eligibility for application in the country.

Defense lawyers for Murekezi are criticising the treaty that it should have been signed by Minister of Home Affairs and Internal Security, Grace Chiumia.

The treaty according to the defence team should also be domesticated first before it can be applied in the case.

At the moment the High Court in Lilongwe has allowed for a judicial review of the treaty before extradition commences.

Commenting on the matter of domestication of treaties, Law Expert Edge Kanyongolo cited that it is indeed correct that the treaty had to be domesticated first.

 Kanyongolo believes the issue even when small is paramount to the use of treaties that are signed for all purposes.

He further indicated that extradition in Malawi is possible and very easy; he is of the view that it cannot be as complicated as it is at the moment and Malawi needs to sign  treaties with many countries to prevent future similar occurrences.

Giving his view on what is currently being done to necessitate the judicial review on the part of the State, Senior State Advocate; Steven Kayuni cited that they are in the process of filing documents for the judicial review.

This involves applying to the court so that a date must be set for the review.

Kayuni still insists that Kasaila is the rightful Minister vested with powers of signing the said treaty.

Vincent Murekezi who at the moment is in prison was netted by law enforcers upon request by Rwanda to extradite him to his home country to face justice for his alleged participation in the 1994 genocide.

He was tried in absentia and convicted for the crime by a Gakaka court which convicted him of killing Tutsis in the present day Huye district.

And if extradited, Murekezi will be entitled to seek retrial.

 

The judicial review on the extradition treaty is the only thing standing in the way for the case to see the light of the day.

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