Lawyers representing Genocide suspect Jean Uwinkindi will now receive a monthly pay instead of being paid per hour to defend their client. The development comes after lengthy negotiations between the Ministry of Justice and the defense lawyers, Gatera Gashabana and Jean Baptiste Niyibizi, on the mode of payment.
The move to review the legal fees was prompted by criticisms that the defense team was deliberately delaying the case to earn more per hour. The standard hourly fee for a lawyer is Rfw 30,000 and it applies both during court proceedings and private sessions with the defendant.
The government is footing Uwinkindi’s legal bills because he is considered indigent.
Under the special law that paved the way for the extradition of Genocide suspects from the International Criminal Tribunal for Rwanda and other foreign jurisdictions, government is required to meet the cost of legal representation for suspects who are unable to pay for legal fees.
So far, Uwinkindi is the only transferred suspect who benefits from this provision. Prior to the new agreement, Uwinkindi’s lawyers had earned millions of francs before the trial could start in substance, prompting prosecution to protest that the lawyers were deliberately prolonging pre-trial phase as a tactic to make more money.
The Ministry of Justice permanent secretary Pascal Ruganintwali confirmed that government will soon enter a new deal on payment method with Uwinkindi’s lawyers.
“We are still in negotiations but we should be done soon. So far we are in agreement,” Ruganintwali said.
Uwinkindi’s counsel Niyibizi said: “We completed negotiations on the key items, we just have minor things to clear out and then we sign the contract. We should be signing the contract any time from now.”
Gashabana and Niyibizi could each earn Rwf1 million per month upon signing the new contract. Uwinkindi, a former pastor in the Kanzenze area in Bugesera District, is charged with genocide, conspiracy to commit genocide, extermination and crimes against humanity. His trial is set to resume in January.
Meanwhile, the new agreement will automatically affect the mode of payment for all defense counsels representing transferred cases from foreign jurisdictions. According to the negotiations between the Kigali Bar Association and the ministry, a lump sum payment of the entire case will be the only alternative for defense lawyers of the transferees.
Source: The New Times
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