Quebec Superior Court Justice Michel Delorme is expected to rule Monday whether he has the authority to hear a request for an injunction seeking a stay of deportation pending a review of the risk of torture if Mugesera is returned to Rwanda, The (Montreal) Gazette reported Saturday.
Mugesera's lawyers said the Canadian government's review of the risk of torture is not enough and wants the United Nations Committee Against Torture to evaluate the case.
"We evaluated the situation in Rwanda up and down," federal government lawyer Lisa Maziade said. "Every possible scenario was evaluated including the probability that another organization would find torture and that of fabrication of evidence and false testimony."
Martin Andre-Roy, Mugesera's lawyer said the United Nations may have access to evidence the Canadian government does not. "For example that the Rwandan government is run by organized crime," he said. "The Canadian government has decided there's minimal risk because it's received diplomatic assurances.
"But those came from a criminal organization."
Mugesera moved to Canada in 1993 with his wife and children but was ordered to be deported after it was revealed he failed to mention his possible involvement in crimes against humanity. He allegedly made a speech in 1992 urging genocide, Close to one million Tutsis and politically moderate Hutus were slaughtered in the conflict, The Gazette reported.
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