26 June 2012

Rwanda: ICTR Refers Seventh Case to Rwanda

The International Criminal Tribunal for Rwanda (ICTR) has referred to Rwanda the case file of Aloys Ndimbati who is alleged to have played a key in the 1994 Genocide against the Tutsi.

We are delighted for this decision which makes it the seventh referral decision in favour of Rwanda

Ndimbati is a former Bourgmestre of Gisovu Commune in the former Kibuye Prefecture and is among fugitives still at large. His case is the seventh to be referred to Rwanda.

In an email from the head of the Fugitive Tracking Unit, Jean Bosco Siboyintore, welcomed the court's decision.

"We are delighted for this decision which makes it the seventh referral decision in favour of Rwanda which sets a legal precedent for other jurisdictions to refer to when determining extradition to Rwanda cases of Genocide fugitives," he said.

Previously, several European countries had turned down Rwanda's request to have Genocide fugitives extradited..

"I don't think countries will deny Rwanda an extradition any more on the basis of 'fearing that once the fugitive is extradited there might be denial of fair trial'. All these decisions by ICTR are Jurisprudence to disprove whoever brings that argument to block an extradition, they may look for other excuses but that one is a closed chapter since there is a lot of decisions on that including the one by the European Court of Human Rights," said Siboyintore.

Jean Uwinkindi was the first person to be transferred to Kigali where he is currently battling it out, in his pre-trial hearing, in the intermediate court.

Uwinkindi was transferred on April 19.

Other cases referred by the Tribunal include that of Charles Ryandikayo, a former businessman in Kibuye prefecture, Flugence Kayishema, former Inspector of Judicial Police in Commune Kivumu, Charles Sikubwabo and Ladislas Ntaganzwa both former Bourgmestre of Gishyita Commune in Kibuye and Nyakizu Commune in Butare, respectively.

The four are still at large.

Other cases that have been transferred to Rwanda include that of Bernard Munyagishari who is still in custody at the Arusha based tribunal. Munyagishari appealed the decision of his transfer to Rwanda which will be decided by the Appeals Chamber.

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