International
Rwanda seeks clarification over transfer of ex ICTR detainees to Niger
The
Government of Rwanda has requested the UN Mechanism for International Criminal
Tribunals (MICT) to clarify the circumstances under which eight Rwandans who
were acquitted or convicts who completed their sentences at the UN Court, were
recently transferred to Niger.
The
eight are part of the nine who have for years remained in Arusha, Tanzania
after conclusion of their cases. While addressing the UN Security Council in
New York, Valentine Rugwabiza, Rwanda’s
Permanent Representative to the United Nations, said her government informally
learnt last week about the transfer of these indviduals.
“We
will appreciate clarification from the Principals of the Mechanism, in the
appropriate General Assembly Committee, on whether the transfer, settlement,
and living cost of these men who are free from any Mechanism proceedings
are part of the budget of the Mechanism,” Rugwabiza told the council.
Niger
is the chair of the UN Security Council for the month of December. “We have not
been informed by either the Mechanism or the host country about the transfer of
these Rwandan nationals,” she said.
The
Mechanism assumed the work of the International Criminal Tribunal for Rwanda
which was set up by the Security Council in 1994 to try key masterminds of the
Genocide against the Tutsi. The Mechanism took over to the International
Criminal Tribunal for ex-Yugoslavia.
Rugwabiza
added: “We expect Niger to exercise its responsibility to ensure that none
of the persons use their territory for subversive activities that have
contributed to the insecurity and instability of the Great Lakes Region for the
past decades.”
She
said that there is evidence that some of these individuals have been engaging
in such subversive activities after their acquittal by the former ICTR.
The
individuals in question – including former ministers in the genocidal
government – had for long been stuck in Arusha, the former seat of the ICTR,
after many countries had refused to take them in, including those hosting their
families.
Rwanda
previously said they may come back home to their country if they so wish.
Appearing
before the Council shortly before Rugwabiza, the UNIMICT President, Judge Carmel Agius, said that the transfer of
the former detainees was courtesy of a cooperation agreement signed last month
between the UN and the Government of Niger.
According
to Agius, the agreement has been executed on nine individuals while one person
had not yet been transferred.
The
known ex-convicts who have been living in Arusha include; Gratien Kabiligi,
Anatole Nsengyiyumva, Innocent Sagahutu, Prosper Mugiraneza, Justin Mugenzi,
Casimir Bizimungu, Jerome Bicamumpaka, and André Ntagerura.
Meanwhile,
Rugwabiza, in her address, expressed concern over the continued delays in the
commencement of the substantive trial of suspected Genocide financier Felicien Kabuga, who was arrested in France in May 2020
after escaping justice for close to three decades.
'Today,
more than a year later, his trial is yet to start. We remind this Council of
these basic facts to underline that what is at stake is, on the one hand,
justice for the victims and survivors of the genocide crimes committed and
enabled by Mr. Kabuga in 1994, and on the other, the performance of the
Mechanism, which should be evaluated on its ability to deliver on its core
judicial mandate,” she said.
According
to Argius, the substantive trial of Kabuga, 85, who is currently in custody at
The Hague in The Netherlands, was delayed because of the health conditions of
the accused.
Different speakers urged speedy disbandment of the Mechanism with members saying the remaining cases should be transferred to national jurisdictions.
Source: www.newtimes.co.rw