A lawsuit filed by Ibuka, the umbrella organization of survivors of the 1994 Genocide against the Tutsi, seeking the freezing of Felicien Kabuga's Rwanda-based properties, has been postponed as documents crucial to the trial are yet to be provided.
The lawsuit was filed on June 8 at the intermediate court of Gasabo and involves various properties, including land and buildings, owned by Kabuga.
Although the exact value of his Rwanda-based properties remains unclear, they are believed to be worth billions of Rwandan Francs. Ibuka has previously demanded compensation worth $50 million (approximately Rwf58,520,300,000) from Kabuga.
The current case being heard by the intermediate court of Gasabo aims to freeze the property, preventing its sale or transfer while the justice process unfolds for Kabuga.
Kabuga is currently detained in The Hague, Netherlands, where he faces trial by the International Residual Mechanism for Criminal Tribunals (IRMCT) for his role in the genocide against the Tutsi.
The 90-year-old, formerly a businessman before and during the genocide, is charged with seven counts, including genocide, complicity in genocide, direct and public incitement to commit genocide, attempt to commit genocide, and conspiracy to commit genocide. Other charges include persecution and extermination, both as crimes against humanity.
The lawsuit for his Rwandan properties was scheduled for Monday, August 7, but the judge decided to suspend it, requesting Ibuka's lawyer, Janvier Bayingana, to present specific documents from the National Land Authority. These documents are vital in demonstrating the relationship between Kabuga and the properties Ibuka wants to be frozen.
Additionally, the court ordered Bayingana to present indisputable evidence that Kabuga was informed about the lawsuit and duly summoned to participate in it.
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Bayingana informed the judges that Ibuka had written to the Rwandan embassy in The Netherlands, which, in turn, asked the IRMCT to inform Kabuga about the lawsuit. While the lawyer presented a document from the IRMCT's detention facility, indicating that Kabuga was aware of the lawsuit, the judge deemed this insufficient, demanding information outlined in the letter sent to Kabuga at the detention facility.
The lawsuit will proceed once these crucial documents are made available and presented to the court. As of press time, a date for the case's resumption had not been determined.
Meanwhile, in June, the IRMCT ruled that Kabuga is unfit for trial due to his health situation. The UN court opted for an alternative procedure known as the "trial of facts," allowing the presentation of evidence and findings but excluding the possibility of conviction.
Both defense lawyers and prosecutors have appealed against this decision. The defense seeks a complete end to the proceedings, while the prosecutors desire a continuation of the full criminal trial.
