Rwanda: Himbara’s Jailed Brother, Col Byabagamba, to Face Additional Charges In Military Court

The Rwanda Defence Force (RDF) has announced plans to arraign Colonel Tom Byabagamba before military courts for “additional charges committed while in detention.”

The armed forces said in a statement on Thursday that “Col Byabagamba is suspected of criminal activities related to attempt to commit corruption and attempt to escape from a prison.”

The military did not give details of the case.

The new cases will surprise the international community which has previously urged Kigali to free Byabagamba and Rusagara.

The RDF is usually tough when cracking down on internal dissent especially within RPF ranks.

Many senior army officers have since fled the country after falling out with the system.

It remains unclear how Byabagamba planned to escape from a heavily fortified military jail in Kigali.

Tom Byabagamba, a brother of Kagame’s top critic, David Himbara, served as a personal bodyguard of President Kagame from 1990 (during RPF war) to 2010.

Between 2010 and 2013 he served as head of the Republican Guard, personally charged with leading security for the president.

After his retirement, his in-law, Frank 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.”

Byabagamba was arrested on August 24, 2014.

On 27 December 2019, the Court of Appeal sentenced him to an imprisonment of 15 years and stripped off his military ranks.

He was found guilty of inciting insurrection or trouble amongst the population; tarnishing, as a leader, the image of the country or Government; wilfully concealing objects that would facilitate the execution of a crime; and contempt of the national flag.

Byabagamba’s associates say the charges were politically motivated and aimed at curtailing the growth of opposition within the top ranks of RPF.

RDF today said “Suspected criminal activities committed by Colonel Tom Byabagamba and his inside and outside accomplices are being thoroughly investigated.”

It added: “The RDF reassures the public that justice will take its course and will not tolerate any person who violates the law and RDF ethics and values.”

Six members of the UK Parliament called for the release of Byabagamba and Rusagara in November 2019.

“… we are troubled that Rwanda has imposed disproportionate sentences on individuals who are suffering from serious health issues in poor prison conditions,” said the British lawmakers.

“Humanitarian factors call for Mr. Byabagama and Mr. Rusagara’s release. Both men have already been imprisoned for five years and are reportedly in poor health; Mr. Rusagara suffers from an enlarged prostate and arthritis and Mr. Byabagama has two artificial discs, after having major surgery on his back. The poor conditions they are detained in have exacerbated their health issues. Releasing Mr. Byabagama and Mr. Rusagara will demonstrate to the United Kingdom and the world that Rwanda is compassionate towards ill prisoners who have already served lengthy sentences.”