Statement on the Inhumane Treatment of Victoire Ingabire Umuhoza by the Rwandan Government

SUMMARY

The International Human Rights Committee and the African Affairs Committee issued a statement condemning the Rwandan government’s inhumane treatment of Victoire Ingabire Umuhoza, a former presidential candidate and leader of the United Democratic Forces (UDF). After returning to Rwanda in 2010 to contest elections, her rights were denied, and she was imprisoned on charges of “genocide denial” and “conspiracy against the state.” Her treatment included five years in solitary confinement, violating international human rights laws. Despite a ruling by the African Court on Human and Peoples’ Rights ordering reparations for Ms. Umuhoza, the Rwandan government ignored it and withdrew from the court’s jurisdiction. Even after a presidential pardon in 2018, she faces severe restrictions, including limitations on her freedom of movement and the inability to reunite with her family. The repression extends to members of her political party of UDF members, with reports of enforced disappearances and extrajudicial killings. The City Bar calls for the Rwandan government to cease its inhumane mistreatment of Ms. Umuhoza, allow her to return to the Netherlands, and expunge her conviction.

STATEMENT

The New York City Bar Association (hereinafter “City Bar”), condemns the ongoing inhumane treatment of Victoire Ingabire Umuhoza by the Rwandan government. Ms. Umuhoza, a former presidential candidate and the founder of the United Democratic Forces (UDF), has been subjected to undue arrest, imprisonment, and continued restrictions that violate her fundamental human rights.^[1]

Ms. Umuhoza returned to Rwanda in 2010 after 16 years of exile in the Netherlands to contest the presidential elections. Despite her legitimate political aspirations, the Rwandan government refused to register the UDF, effectively barring her participation in the electoral process. Her calls for accountability for crimes committed by the Rwandan Patriotic Front (RPF) against the Hutu population resulted in her arrest and subsequent conviction which are direct violations of Article 9 of the Universal Declaration of Human Rights (UDHR).^{[2] [3]} In 2012, the High Court of Kigali sentenced Ms. Umuhoza to eight years’ imprisonment on charges of “genocide denial” and “conspiracy against the state.” In 2013, the Supreme Court increased her sentence to 15 years.^[4]

Solitary Confinement and Continued Isolation

Upon her imprisonment, Ms. Victoire Ingabire Umuhoza was placed in solitary confinement at Kigali’s infamous “1930” maximum-security prison, where she remained for five years. This treatment violates Article 2 of the Convention Against Torture (CAT),^[5]  which obligates states to prevent acts of cruel, inhuman, or degrading treatment. In 2016, she was transferred to the general prison population, yet her isolation persisted through punitive measures. Any inmate who engaged with her was transferred to remote prisons, severing familial connections—an act contravening Article 12 of CAT,^[6] which requires credible investigations into mistreatment of detainees. These transfers were only halted after Ms. Umuhoza exposed the practice,^[7] highlighting the Rwandan government’s failure to uphold Article 13 of CAT,^[8] which guarantees detainees the right to complain about mistreatment without fear of retaliation.

Failure to Comply with the African Court’s Ruling

Ms. Umuhoza appealed her conviction to the African Court on Human and Peoples’ Rights,^[9] which ruled that Rwanda had violated her right to freedom of expression (Article 19 of the UDHR^[10] and Article 19 of the International Covenant on Civil and Political Rights^[11] (ICCPR))^[12] and right to a fair trial (Article 7 of the African Charter on Human and Peoples’ Rights),^[13] subsequently ordering reparations.^[14] Despite the court’s ruling, the Rwandan government failed to comply with its obligations and subsequently withdrew from the court’s jurisdiction.^[15] This blatant disregard for international judicial decisions undermines the rule of law and the right to a fair trial (Article 14 of the ICCPR).^[16]

Presidential Pardon and Ongoing Restrictions

In September 2018, Ms. Umuhoza was granted a presidential pardon as part of the release of 2,000 prisoners.^[17] Despite serving eight years—five in solitary confinement^[18]—her release came with severe restrictions. She is required to report to the local prosecutor once a month and must obtain government authorization to leave the country, directly infringing upon her right to liberty and security of person (Article 9 of the ICCPR).^[19]  Moreover, she continues to be denied the right to reunite with her family in the Netherlands; her husband is critically ill, and she has not been able to see her children since 2010.^[20] The denial of her right to travel and be with her loved ones violates Article 13 of the Universal Declaration of Human Rights (UDHR),^[21] which guarantees the right to leave any country and return.

Targeting of UDF Members

The repression of Ms. Umuhoza extends beyond her imprisonment to members of her political party, the United Democratic Forces (UDF). Party members have faced enforced disappearances and extrajudicial killings, with the Rwandan government failing to investigate, violating Article 12 of CAT^[22] and Article 7 of the ICCPR.^[23] Anselme Mutuyimana, Ms. Umuhoza’s assistant, was abducted from a bus station and found dead a day later in a forest near his parents’ home. He had previously served six years in prison for allegedly inciting insurrection. Eugene Ndereyimana, a UDF representative in Eastern Province, disappeared in July 2019 and has not been seen since.^[24] Jean Damascene Habarugira, another UDF member, was found dead 40 miles from where he had disappeared. Witnesses reported signs of torture, including gouged-out eyes and near decapitation. Despite credible evidence, no investigation has been conducted,^[25] violating Article 13 of CAT,^[26] which requires states to ensure victims can seek redress. The targeting of opposition members also violates Article 20 of the UDHR^[27] and Article 22 of the ICCPR,^[28] which guarantee freedom of assembly and association, as well as Article 13 of the African Charter on Human and Peoples’ Rights,^[29] which protects political participation. Additionally, the government’s refusal to register opposition parties, including DALFA-Umurinzi, further undermines political freedoms (Article 20 of the UDHR).^[30]

Call to Action

The City Bar urges the Rwandan government to:

1. Cease the inhumane treatment of Ms. Umuhoza, in compliance with Article 14 of the Rwandan Constitution,^[31] which guarantees humane treatment.^[32]
2. Allow Ms. Umuhoza to leave the country and return to the Netherlands, in accordance with her constitutional right to freedom of movement under Article 53 of the Rwandan Constitution.^[33]
3. Expunge Ms. Umuhoza’s wrongful conviction to restore her civil and political rights.

Absent immediate action, the Rwandan government’s continued violations pose a serious threat to the rule of law and its obligations under international human rights law.

International Human Rights Committee
Suchitra Vijayan, Chair

African Affairs Committee
Melissa M. Verpile, Chair