Fulgence Kayishema is a known hard core genocidaire who led the massacres of thousands of Tutsi in the former Kibuye prefecture, especially at the Nyange catholic Parish, in former Kivumu parish, western Rwanda, in 1994. He continues to evade justice.

Born in 1960 in the former Kivumu commune, during the genocide, he worked as inspector of the judicial police.

After the downing of President Juvenal Habyarimana’s plane, on April 6, 1994, about 2,000 Tutsi sought refuge at the Nyange Parish, hoping for protection and safety. But father Athanase Seromba who served as a priest at the church betrayed them and connived with other genocidaires, including Kayishema, to exterminate the Tutsi refugees.

After the 1994 genocide, Kayishema fled the country and has continued to elude capture, like other genocide ringleaders such as Protais Mpiranya, Aloys Ndimbati, and Charles Sindikubwabo. The U.S. government is still offering a reward of up to $5 million for information leading to Kayishema's arrest as well other prominent genocidaires still  on the run.

Kayishema was charged by the Prosecutor of the International Criminal Tribunal for Rwanda (ICTR) with genocide, conspiracy to commit genocide and extermination (crimes against humanity). The ICTR indictment dated July 5, 2001 states that, among others, Kayishema ordered the killing of the Tutsi inside Nyange church, and brought fuel for use by the Interahamwe militia to burn down the church. An estimated 2,000 civilians died in this attack alone.

On February 22, 2012, the ICTR referral chamber ordered his case to Rwanda.

Kayishema was indicted for his role in massacres of the Tutsi in Kivumu Commune, specifically for attacks at Nyange Church. Prosecution charged him with direct responsibility for genocide, complicity in genocide, conspiracy to commit genocide, and extermination as a crime against humanity.

Kayishema remained at large as the ICTR was ending its work. In 2012, the court granted the prosecution’s request to refer the case to the national courts in Rwanda where he would face trial if captured.

It also ordered that the ICTR prosecution hand over to Rwanda’s Prosecutor General no later than 30 days after the decision has become final, material supporting the indictment against Kayishema and all other appropriate evidence in the possession of the prosecution.

Since the accused was yet to be arrested, the referral chamber requested that Rwanda, upon apprehension of the accused or receiving news or confirmation of his death, to provide the ICTR or the International Residual Mechanism for Criminal Tribunals with regular reports on efforts taken to apprehend him.

Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals (IRMCT) declared: “my Office alleges that Kayishema, the local police inspector, played a key role in the 16 April 1994 massacre at Nyange Church. In the days leading up to the massacre, 2,000 Tutsi civilians – women, men, children. and elderly – sought refuge in the church.

Bulldozer used to demolish church with refugees still inside

He further indicated that initially, militias surrounded the church and launched an attack, including throwing hand grenades into the packed building. While many were wounded and killed, the refugees resisted, forcing the attackers to retreat.

“Determined to murder these innocent civilians, local leaders, including Kayishema, brought a bulldozer to the church grounds. In an act of unimaginable brutality and sacrilege, the bulldozer was used to demolish the church with the refugees still inside.

More than 1,500 Tutsi were crushed to death. Survivors who escaped were hunted down and killed. Kayishema fled from justice and remained a fugitive for years.

“But almost three years ago, my Office finally located him. Relying on records and sources. My Office concluded in early 2018 that Kayishema was living in Cape Town, South Africa. This was confirmed by South African authorities via INTERPOL in August 2018,” Judge Brammertz pointed out.

The IRMCT immediately submitted an urgent request for assistance to South Africa seeking his prompt arrest.

However, the IRMCT was surprised to be informed that because Kayishema had been granted refugee status in South Africa, he could not be handed over to the Mechanism. This excuse was withdrawn months later, and replaced with a new argument – that South Africa lacked a legal basis to cooperate with the Mechanism.

“After sixteen months of intense negotiations, in December 2019, South Africa finally submitted the UN arrest warrant for execution, which a local magistrate approved. However, by then, Kayishema could no longer be found.

The IRMCT had reliable information that Kayishema was in South Africa as late as October and November 2019, merely weeks before South Africa reported in the Security Council that the arrest operation was unsuccessful.

Little has improved since then. A year ago, the IRMCT submitted an extensive request for assistance detailing information it required to continue the pursuit of Kayishema. Its request has still not been satisfactorily answered by South African authorities.

“Two months ago, in October, it was agreed that my Office would send a technical team to Pretoria to finally receive the requested material. The foreign affairs and justice ministries convened several joint meetings with responsible officials.

South African authorities continue to shield Kayishema from justice. Brammertz recently told the UN Security Council that he was reporting these facts “to explain why, despite all my Office’s efforts, Kayishema remains at large.”

“The situation raises many questions. How can it be that South Africa refused to arrest Kayishema two and a half years ago based on a refugee file that it is now claiming doesn’t exist? And why didn’t authorities take obvious measures after being informed that an internationally wanted fugitive indicted for genocide was present in their country?

“Despite a UN warrant calling for Kayishema’s immediate arrest, South African authorities did not provisionally detain him or put him under any surveillance to prevent his escape.”

It’s a shame that 28 years on, countries like South Africa continue to ignore their international obligation to apprehend the most wanted genocidaires.