Tom Byabagamba

Tom Byabagamba
Born1967 (1967)
Died (aged 59)
OccupationsColonel of the Rwanda Defense Force and head of the Presidential Guard Unit

Tom Byabagamba (1967 – 25 August 2026) was a Rwandan military officer and presidential bodyguard. He was a colonel of the Rwanda Defense Force and head of the Presidential Guard unit.[1] Byabagamba was arrested and charged with inciting insurrection and tarnishing the government's image.[2] Initially sentenced to 21 years imprisonment, he was supposed to serve 15 years after the Court of Appeal in Kigali reduced his sentence while upholding his conviction in 2019.[1] The court also stripped Byabagamba of his rank.[1]

Background

Byabagamba was a decorated former military officer of the Rwandan Defense Force. He worked in the personal protection detail of President Paul Kagame from 1990 to 2010. In 2003, he was appointed head of the Republican Guard and was personally responsible for the President's security.[3]

Byabagamba's brother, David Himbara, is a former economic adviser to President Kagame. He fled the country after observing the President's abusive behavior towards both allies and dissidents. After Himbara left, Kagame ordered Byabagamba to bring his brother back to Rwanda, and when he refused to intervene, Byabagamba lost his position as Commander of the Republican Guard.[3]

2014 arrest and sentence

Byabagamba was arrested on 23 August 2014. The prosecution claimed that he had alleged Rwandan state involvement in several murders. They also accused him of alleging the innocence of convicted terrorist and former presidential bodyguard Joel Mutabazi and of criticizing increased Rwandan taxes on Tanzanian trucks.[4]

On 5 January 2016, he was tried jointly in the Kanombe Military High Court with his brother-in-law Brigadier-General (rtd) Frank Rusagara, as well as Rusagara's driver, retired Sergeant François Kabayiza. On 31 March 2016, the court found Byabagamba guilty of all charges against him and sentenced him to 21 years imprisonment.[1][3]

In December 2019, the Court of Appeal in Kigali upheld his conviction while reducing his sentence to 15 years. The Court also stripped Byabagamba of his rank. During the appeal, he told the court that he was subject to solitary confinement and close surveillance by cameras.[1]

Byabagamba's arrest was part of a series of arrests against former members of Rwanda's ruling party, the Rwandan Patriotic Front, who have been critical of the government.[4]

International response

In July 2017, human rights focused non-profit Freedom Now submitted a petition to the UN Working Group on Arbitrary Detention on behalf of Rusagara, Byabagamba, and Kabayiza.[5] In December 2017, the Working Group determined that their detention was arbitrary and violated international law.[3] In February 2018, the Rwandan government denied the allegations and claimed it was not aware of the UN Working Group's communications.[6]

In November 2017, Amnesty International submitted a report to the African Commission on Human and Peoples' Rights which stated that "judges have failed to adequately address allegations of torture during interrogation” in the trial of Byabagamba.[7]

On 4 December 2018, Kate Barth, then Legal Director at Freedom Now, highlighted the case while testifying before the U.S. House of Representatives’ Tom Lantos Human Rights Commission.[8][9][10] As well, Freedom Now submitted a report detailing the case to the Office of the United Nations High Commissioner for Human Rights. This report was delivered on 19 March 2020, in advance of Rwanda's Universal Period Review conducted by the UN in 2021.[11]

Lewis Mudge, Central Africa Director of Human Rights Watch, condemned the arrest and stated: "Serious allegations of torture and witness tampering emerged during the flawed trial in 2016. The court of appeals had an opportunity to investigate these allegations and hold those responsible to account, but instead they doubled down on the decision to stamp out criticism of government policy and action.”[12]

On 4 November 2019, six British legislators sent a letter to President Paul Kagame which conveyed concern over the ongoing detention of Rusagara and Byabagamba. They stated: "We commend Rwanda’s progress over the last three decades, particularly the strides it has made in creating a more inclusive society that has drawn in marginalized populations. However, we are troubled that Rwanda has imposed disproportionate sentences on individuals who are suffering from serious health issues in poor prison conditions”. In response, Rwanda justice minister Johnston Busingye stated "It would be inappropriate for the Executive to comment on any pending case, seek to influence the outcome or intervene as proposed in your letter”.[2]

Death

Byabagamba died on 25 August 2026, at the age of 59. His death was disclosed by his elder brother, David Himbara.[13][14]

See also

References

  1. 1 2 3 4 5 Rwamapera, Kelly (28 December 2019). "Byabagamba and Rusagara sentences reduced to 15 years". The East African. Retrieved 20 July 2021.
  2. 1 2 Ssuuna, Ignatius (7 November 2019). "Rwanda rejects British legislators' call to free officers". AP. Retrieved 20 July 2021.
  3. 1 2 3 4 United Nations Working Group on Arbitrary Detention (4 January 2018). "Opinions adopted by the Working Group on Arbitrary Detention at its sixty-fifth session (20-24 November 2017) Opinion No. 85/2017 concerning Franck Kanyambo Rusagara, Tom Byabagamba and François Kabayiza (Rwanda)". Retrieved 20 July 2021.
  4. 1 2 "Rwanda: Ex-Military Officers Convicted Over Comments". Human Rights Watch. 1 April 2016. Retrieved 20 July 2021.
  5. ↑ "Freedom Now Files Petition to UN on behalf of Three Former Rwandan Military Officers". Freedom Now. 17 July 2017. Retrieved 20 July 2021.
  6. ↑ "Rwanda's response to the Opinion 85/2017 of the UN Working Group on Arbitrary Detention" (PDF). 19 February 2018. Retrieved 20 July 2021.
  7. ↑ Amnesty International (1 November 2017). "Rwanda: Submission To The African Commission On Human And Peoples' Rights" (PDF). Retrieved 20 July 2021.
  8. ↑ Barth, Kate (4 December 2018). "Written Remarks for Tom Lantos Commission Briefing: Rwanda Human Rights and Political Prisoners" (PDF). Freedom Now. Retrieved 20 July 2021.
  9. ↑ TomLantosHumanRights (4 December 2018). "Rwanda: Human Rights and Political Prisoners (Part One)". Youtube. Retrieved 20 July 2021.
  10. ↑ TomLantosHumanRights (4 December 2018). "Rwanda: Human Rights and Political Prisoners (Part Two)". Youtube. Retrieved 20 July 2021.
  11. ↑ "Freedom Now – Individual Submission To The Office Of The High Commissioner For Human Rights, Universal Periodic Review ("UPR"): Rwanda, 37th Session Human Rights Council – UPR Working Group" (PDF). Freedom Now. 19 March 2020. Retrieved 20 July 2021.
  12. ↑ "Rwanda: Free Speech Convictions Upheld". Human Rights Watch. 13 January 2020. Retrieved 20 July 2021.
  13. ↑ "Rwanda: Tom Byabagamba wahoze akuriye abarinda Perezida yapfiriye muri gereza – umuryango we". BBC News Gahuza (in Kinyarwanda). 25 August 2026. Retrieved 26 August 2026.
  14. ↑ Orishaba, Prossy (25 August 2026). "Ex Kagame Chief Bodyguard Tom Byabagamba Dies in Prison". The East African Watch. Retrieved 26 August 2026.
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