Don’t bank on treaty to extradite Murekezi to Rwanda – Dzonzi

A rights activist has warned the state that the courts might not entertain the newly signed extradition treaty between Malawi and Rwanda to extradite genocide convict Vincent Murekezi.

Murekezi during recent court appearance

Justin Dzonzi,  who is executive director of Blantyre-base think tank Justice Link  and chairs the State funded Malawi Human Rights Commission (MHRC), made the comments after the State said it would go back to court in two weeks to revive the extradition case of Murekezi which the State lost last month due to lack of an extradition treaty that time.

Weeks later, Malawi and Rwanda signed the treaty.

Dzonzi said new treaties cannot be effective on cases which were in court before the treaties became effective.

“It may not be possible to use the treaty as courts may not recognise a treaty signed after an offence. It is like acquitting a person of an offence then you go to court and enact a law and go back to court to try a suspect. This is not allowed. You cannot try again a suspect on an offence he has been acquitted,” he said.

Chief state advocate Steven Kayuni said the State is working on other ways to convince the court extradite Murekezi other than the newly signed treaty.

He also ruled out bringing in witnesses from Rwanda on the case, saying most of the witnesses are serving jail terms in Rwanda.

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4 thoughts on “Don’t bank on treaty to extradite Murekezi to Rwanda – Dzonzi”

  1. Mikonga says:

    Very stupid why rushing to put comments on this dangerous issue. Are you really backing this snake for the crime he did at his home land.. No! he should be extradited with no mercy whether you Dzonzi received something to divert the peoples mindset that would not work this murekezi should face extradition.

  2. Chris says:

    I may not be a lawyer, but what Mr Dzonzi is failing to recognize is the fact that a treaty is different from a law. Our constitution says the law can not be applied retrogressively. A law becomes a law through legislation and nothing else. One can not be criminalized for breaking a treaty because it is not a law. A law comes with punitive measures including jail terms for non compliance. A treaty is more or less like a gentleman agreement or simply MoU. The Malawi courts use national laws and treaties are just to support their judgments. If the national laws governing our country will require availability of a treaty for Murekezi to be repatriated, the treaty if available, the courts will use it regardless of when it was signed. The case in question argued by Dzonzi is applied when it comes to laws, of which a treaty is not one.

  3. zeze says:

    i would not know what the state arguments are koma I doubt what adzonzi go and read the law, since when have treaties established offences? osangolalata musanawerenge mwatani kodi?

  4. DZIKO says:

    Murekezi is a killer therefore he must face justice pls just watch Rwanda genocide documentary you will cry. pls do not back him he is very dangerous.

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