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Alleged war criminal begs to stay in Canada

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CTV News: Joy Malbon covers a controversial case
Lawyers speak before the Supreme Court of Canada

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CTV.ca News Staff

Date: Thu. Dec. 9 2004 6:34 AM ET

A Rwandan man accused of inciting murder and genocide is pleading with the Supreme Court of Canada for the right to stay in Canada, saying he would be killed or tortured if sent back.

Leon Mugesera is accused of being a war criminal -- not for what he has done, but for what he allegedly said in a political speech back in 1992.

In the address in Rwanda, Mugesera is accused of urging Hutus to cut the throats of Tutsis and dump their bodies in the rivers of Rwanda. According to federal lawyers, he told Hutus to "know that the person whose neck you do not cut is the one who will cut yours.''

Mugesera was also quoted as saying: "When justice no longer serves the people ... we must do it ourselves by exterminating these bastards.''

Two years later, 800,000 Tutsis were slaughtered by machetes. By then, Mugesera had already fled for Canada.

The federal government accuses Mugesera of helping to incite the genocide and has been trying to deport his wife and five children since 1995.

The government is now before the Supreme Court appealing decisions from the trial and appeal divisions of that Federal Court that found there was not enough evidence to prove that the speech Mugesera made was a crime against humanity.

Mugesera's lawyer says his client's speech was misinterpreted and badly translated.

"He never said, 'Go and kill someone.' He said if someone go to hurt you, you have to defend yourself," explained lawyer Guy Bertrand.

Lawyers for the federal government disagree.

"As far as we're concerned, all the speech was was an incitement to hate," attorney Michel Denis told reporters Wednesday, noting that Mugesera was an influential figure among Hutus at the time.

Oscar Gasana is one of many Rwandans now living in Canada who packed the court Wednesday. He says Mugesera's words haunt them still.

"I am the only survivor of seven in my family -- the only one all my brothers, my sisters," he says.

"It's as if we are killed twice, it's as if we are leaving our loved ones another time."

The court is not likely to make a decision until the new year. If Mugesera is deported, his wife and five children will be allowed to stay in Canada.

Observers say this case could set a precedent, giving Canada more clout in deporting suspected war criminals.

"It isn't just about Rwanda, it's about whether Canada can be effective in protecting its borders from genocidal killers, criminals against humanity, mass murderers," says B'nai Brith's David Matas.

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