Activists whose objective include fighting against denial and revisionism of the 1994 Genocide against the Tutsi in Rwanda have voiced their dismay and frustration over the June 2 ruling by the International Residual Mechanism for Criminal Tribunals in The Hague, Netherlands, that genocide suspect Felicien Kabuga, is unfit to participate meaningfully in his trial.
Kabuga is one of the alleged top architects of the 1994 Genocide against the Tutsi in Rwanda.
On Tuesday, June 2, the Trial Chamber of the International Residual Mechanism for Criminal Tribunals found him "unfit to participate meaningfully in his trial."
The Yolande Mukagasana Foundation on Wednesday released a statement indicating that it was disappointed by the IRMCT decision. The statement signed by the founder of the organization, Yolande Mukagasana, an activist against Genocide denial and revisionism, reminds the UN tribunal that the 1994 Genocide against the Tutsi in Rwanda "is a crime against humanity" that has no expiration date.
"Justice for the Genocide against the Tutsi is not only for the victims or the survivors alone," her statement reads, in part.
She noted that the world needs justice for the Genocide against the Tutsi so that it determinedly ensures that genocide never happens again, anywhere.
The Yolande Mukagasana Foundation, whose objectives include fighting against denial and revisionism of the 1994 Genocide against the Tutsi, among others, noted that impunity, or exemption from punishment, as regards the genocide against the Tutsi is denying that the victims ever existed and that they were innocent, which is not different from genocide denial.
For Rwandans especially, she noted, impunity, or not providing justice for the 1994 Genocide against the Tutsi, encumbers the national unity and reconciliation agenda.
In 2020, Kabuga was arrested in Paris after being on the run for decades.
At the start of his trial, he refused to present himself in the courtroom and has since then been following the proceedings through video link from a wheelchair at the court's detention center. The trial was halted temporarily in March due to health concerns, following an assessment by Gillian Mezey, a medic tasked with examining Kabuga's health.
He had determined that Kabuga was unfit to plead, unable to understand the evidence or participate meaningfully in a court hearing.
On Tuesday's decision by the Mechanism, the Ambassador of Rwanda to the Kingdom of the Netherlands, Olivier Nduhungirehe, noted that international media reports suggested or claimed that the trial was terminated, which is a grossly misleading statement.
On yesterday's decision of the Trial Chamber of the @unirmct, which found Félicien #Kabuga "unfit to participate meaningfully in his trial", there seems to be a misunderstanding about the actual decision taken by the court. In this regard, international medias are suggesting or... pic.twitter.com/qNXobwlNvN-- Olivier J.P. Nduhungirehe (@onduhungirehe) June 7, 2023
Indeed, he noted, through a tweet, the IRMCT decision follows a report of the Joint Monitoring Report of March 3, which contains findings of a panel of three independent medical experts, who concluded unanimously that "Mr. Kabuga's physical health and mental capacities had deteriorated significantly since their previous assessments, that he now meets the clinical criteria for dementia, and that he cannot meaningfully participate in his trial regardless of trial modalities or accommodations."
Court didn't terminate proceedings
However, the diplomat noted, the court didn't terminate the proceedings, as requested by the defense.
The judges argued, he said, that "terminating proceedings against Mr. Kabuga based on his unfitness would be inappropriate because of the importance of addressing the crimes against humanity and genocide charges against him to the victims and survivors of those crimes, and to the international community as a whole."
As noted, the court also ruled out the option of staying proceedings indefinitely, explaining that "the accused is very unlikely to regain fitness" and that the suspension of the trial "is not the best way to effectuate the goals of the Mechanism, including combating impunity and contributing to the restoration and maintenance of peace in Rwanda."
The court then decided that it will proceed with an "alternative finding procedure", used in some Commonwealth jurisdictions.
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Without the possibility of conviction
As noted, this is a "trial of the facts", a procedure that resembles a trial as closely as possible, but without the possibility of conviction.
In other words, the prosecutor will continue presenting the facts, the evidence and the witnesses, Kabuga will remain in prison and his presence in the courtroom will no longer be necessary. However, Kabuga and his defense could provide arguments and evidence on the facts, if they so wish. The court will then take a decision based on the facts, but without the possibility of pronouncing any conviction against Kabuga, as he was found unfit to stand trial.
It is the possibility that Kabuga will not be convicted, or condemned, that especially angers genocide survivors.
Mukagasana told The New Times that: "If he [Kabuga] is not condemned what then would be the essence of the trial? What will he be if not convicted; innocent? Or, is he a victim of the genocide? What, really, is he? If not convicted, it means he is not guilty!"
