Title: The Édouard Mwangachuchu case: A complex quest for nationality before the High Military Court
Introduction :
The Édouard Mwangachuchu case continues to make headlines. The question of his nationality is at the heart of the debates before the High Military Court. The defendant’s lawyers dispute the results of the Covid tests which recognize two different nationalities. Rather, they point out that the Congolese passports held by Mwangachuchu constitute undeniable proof of his nationality. In this article, we will examine the arguments made by the lawyers and the importance of identity documents in this case.
The Covid test as contested evidence:
During the hearing, Édouard Mwangachuchu’s lawyers questioned the validity of the Covid test presented by the Public Ministry. They believe that this test cannot be taken as conclusive proof of a person’s nationality. According to them, the Covid test was subject to administrative errors, in particular the change of identifier (ID) which led to the establishment of two different nationalities for the defendant.
The lawyers argue that if Mwangachuchu had kept the same ID, the data he had already declared upon entering Rwanda would have been consistent with his Congolese nationality. They therefore emphasize that the Covid test cannot be used as the only element to establish a person’s nationality.
Congolese passports as proof of nationality:
The lawyers insist that Édouard Mwangachuchu holds several Congolese passports, including a diplomatic passport. According to them, the possession of these official documents constitutes solid proof of his Congolese nationality. They also raise the question of the consistency between the results of the Covid test and Mwangachuchu’s prior knowledge of his future arrest by the Demiap (General Directorate of Migration) for presenting a false test by declaring himself Congolese.
The importance of identity documents:
This case highlights the importance of identity documents in determining a person’s nationality. Passports, in particular, are internationally recognized official proofs and are issued by the competent authorities. In the case of Édouard Mwangachuchu, the possession of several Congolese passports reinforces his assertion of being of Congolese nationality, despite the results of the Covid tests.
Conclusion :
The Edouard Mwangachuchu affair has sparked many debates about his true nationality. While Covid tests have led to conflicting results, lawyers point to Congolese passports held by Mwangachuchu as strong evidence of his Congolese nationality