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Jury selection begins in Rwandan-genocide trial

  • Associated Press
  • Published Wednesday, April 27, 2011, at 12:06 a.m.
  • Updated Wednesday, April 27, 2011, at 6:47 a.m.

An 84-year-old immigrant accused of participating in the 1994 Rwandan genocide went on trial Tuesday in Wichita in an immigration case that the Justice Department says is the first of its kind in the U.S.

His case — which hinges on whether Lazare Kobagaya committed atrocities in Rwanda and therefore lied when he told U.S. immigration authorities that he had never committed a crime — is the first criminal prosecution in the United States requiring proof of genocide, according to the U.S. Justice Department.

The selection of 12 jurors and four alternates began Tuesday morning, but only two had been seated by late afternoon as lawyers questioned people about their knowledge of the African nation and whether they could tolerate what is expected to be graphic testimony about mass killings. More than 50 foreign witnesses from five countries have been brought in to testify under tight security.

Kobagaya, who lives in Topeka, is charged with unlawfully obtaining U.S. citizenship in 2006 and with fraud and misuse of an alien registration card. Kobagaya denies committing acts of genocide, and defense attorneys say they plan to call more than 20 witnesses from around the world, along with family members, to testify on his behalf.

An estimated 500,000 to 800,000 people were killed in Rwanda between April and July 1994. Most of the dead belonged to the Tutsi ethnic group. Most of the killings were carried out by members of the Hutu ethnic group.

Prosecutors contend Kobagaya concealed that he had lived in Rwanda during the genocide and participated in the attacks and slaughter of hundreds of Tutsis. They say he lied during immigration proceedings in Wichita when he said he lived in Burundi from 1993 to 1995.

If convicted, Kobagaya faces up to 10 years in prison and a fine of up to $250,000 on each of the charges. But the indictment also seeks to revoke Kobagaya's U.S. citizenship, a move that would subject him to deportation. Family members have said they fear that could lead to his death.

The Justice Department alleges that in April 1994 Kobagaya directed a gathering of Hutus to burn down houses belonging to the Tutsis. Prosecutors also contend he mobilized attackers and ordered and coerced them to kill hundreds of Tutsis.

Prosecutors allege Kobagaya worked with Francois Bazaramba, a former Rwandan pastor who was sentenced last year to life imprisonment for committing genocide against the Tutsi in 1994.

One of Kobagaya's sons, Andre Kandy, said in April 2009 that his father was in Rwanda during the time in question as a Burundi refugee. His family also said Kobagaya was mostly bedridden while in a refugee camp. Kandy said his father speaks little English and probably misunderstood what was being asked during the U.S. immigration proceedings.

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