Arusha, May 2, 2001 (FH) A defence counsel on Wednesday accused former Kigali prosecutor François-Xavier Nsanzuwera of generalizing during his testimony to the International Criminal Tribunal for Rwanda (ICTR). "The witness is theorizing from little knowledge of the facts," lawyer René Martel of Canada told the court.

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"He himself does not know anything. ". Martel is representing former Kangura newspaper editor Hassan Ngeze, who is on trial with two other suspects accused of using the media to fuel the 1994 genocide in Rwanda. The other accused are Ferdinand Nahimana, a former director/promoter of RTLM radio, and Jean-Bosco Barayagwiza, a former politician and RTLM board member. Martel was referring to previous statements by Nsanzuwera that seemingly refuted Ngeze's periodic imprisonment by the Rwandan authorities from 1991 onwards. The witness said his office had a deliberate policy not to detain journalists except in cases where there might be complaints from third parties. Martel said his client had been imprisoned notably from December 1991 to March 1992, and from August 1992 to December 1992. He produced a release order for the first period. The witness had told the court that in February 1992, Ngeze and a member of the security services had distributed a page of Kangura in Bugesera, south of Kigali, shortly before the massacre of Tutsis in that area the following month. Nsanzuwera had told the court that the distribution of the Kangura article was one of the elements that sparked the killings. Responding to Martel, the witness said he did not recall Ngeze's imprisonment but that "it is possible he was arrested by other services or by my deputies". Nsanzuwera told the court that he had at one point gone to participate in a training course in Europe. He said he did not know whether the document produced by the defence was authentic. The debate took a sour turn when Martel accused Nsanzuwera of being a "professional witness". The former Kigali prosecutor has appeared as a prosecution witness in two other cases already completed by the ICTR Trial Chambers, and is expected to appear in the ongoing case against three suspects accused of genocide in the Cyangugu region of southwest Rwanda. He has also been heard by examining magistrates in France and Belgium who were investigating Rwandans accused of genocide or crimes against humanity. "My respect for this Court prevents me from answering you in the way I would have liked," Nsanzuwera told Martel, who said this was an insult. "To me, yes," Nsanzuwera replied. Ngeze's lawyer also accused Nsanzuwera of adapting his testimony according to the accused on trial, but the witness protested. French defence lawyer Jean-Marie Biju-Duval had previously made a similar remark. Nsanzuwera, the seventeenth prosecution witness in this case, began testifying on April 23rd. The witness said he had at one time admired the "unifying speeches" of former Rwandan president Juvénal Habyarimana, but had become disillusioned by the president's anti-Tutsi policy from 1990 onwards. Nsanzuwera said he resumed his position as Kigali prosecutor after the Tutsi rebel Rwandan Patriotic Front (RPF) came to power in July 1994, ending the genocide. He remained in post until May 1995 when he went into exile in Belgium. The witness said he had left because he did not want to be an "accomplice" of "massive and unjust arrests" by the current RPF-led regime in Kigali. AT/JC/FH (ME0502E)