Genocide suspects to be tried in France

By EDMUND KAGIRE The EastAfrican
Posted Saturday, March 1 2014 at 13:37
IN SUMMARY
French Court of Cassation on Wednesday overturned a November Appeals
court ruling approving the extradition of Claude Muhayimana and
Innocent Musabyimana, saying that the two men could be tried in Paris.
Efforts to have genocide perpetrators extradited back to Rwanda to
face trial suffered a major blow after France's highest court blocked
the extradition of three suspects last week.
The French Court of Cassation on Wednesday overturned a November
Appeals court ruling approving the extradition of Claude Muhayimana
and Innocent Musabyimana, saying that the two men could be tried in
Paris.
READ: France to extradite suspect to Rwanda
In a similar development, the same court also upheld a September
decision by another court rejecting the extradition of Col Laurent
Serubuga, a former military officer in the previous regime wanted by
Rwanda over the 1994 genocide against the Tutsi.
The two developments have been described as a major setback for
Rwanda, which was gaining some ground in its bid to have genocide
suspects in Europe, and beyond, sent back to Rwanda to be tried where
they committed their crimes.
Rwanda's Prosecutor General Richard Muhumuza told The EastAfrican that
the recent French decision denying extradition of three suspected
genocidaires is a "setback to Rwanda's goal of prosecuting Rwandans,
in Rwanda, currently residing in France, accused of genocide and
related crimes."
Mr Muhumuza, whose office has conducted a relentless pursuit of
genocide suspects, said that France, which is currently prosecuting
Capt Pascal Simbikangwa for the crimes he is alleged to have committed
in Rwanda during the genocide, should go ahead and prosecute the three
men if it cannot send them back to Rwanda.
"It must try the three suspects whose extradition to Rwanda has been
denied. The refusal to extradite must not be synonymous with
exoneration from the charges," he said.
Kigali maintains that France's actions are tantamount to entrenching
impunity. Rwanda and France have had an uneasy relationship over the
genocide and the events that led to it. Even in 2009, when the two
countries had a rapprochement, the issue of genocide suspects remained
an outstanding one.
The Rwandan government maintains that France harbours the largest
number of genocide suspects, some of whom it considers "big fish."
The umbrella association of genocide survivors, Ibuka, also contends
that France's handling of genocide cases is "not serious." The
president of the association, Jean Pierre Dusingizemungu, expressed
concern that Paris's move could influence decisions taken by other
countries.
"We are used to this ping-pong going on in French courts. All these
people they are protecting are known for who they were in the previous
government and their roles in the genocide are no secret," said Mr
Dusingizemungu.
The trial of Mr Simbikangwa, which began this February, had raised
hopes that France would eventually move to act on genocide cases 20
years after the event, but the latest developments deal a blow to
those hopes.
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