Rwanda Continues the Pursuit of Justice: Genocide Mastermind Arrested

Alleged Genocide Mastermind Arrested in Rwanda: Pursuit of Justice Continues

On May 24th, 2023, Fulgence Kayishema, a suspect in the 1994 Rwandan genocide, was arrested in South Africa after evading justice for over two decades. He is accused of being involved in the massacre of more than 2,000 men, women, and children who sought refuge at a church in western Rwanda. The genocide orchestrated by ethnic Hutu political and military extremists saw the killings of more than half a million people and the destruction of almost three-quarters of Rwanda’s Tutsi population.

The Human Rights Watch (HRW) highlights that Kayishema’s arrest is a crucial milestone in the search for justice for the crimes committed during the Rwandan genocide, and it is an indication that there is no expiration date on justice for such serious crimes. However, HRW cautions that Kayishema’s due process and fair trial rights should be guaranteed so that justice is delivered.

Need for Fair Trials in Prosecuting International Crimes

When it is possible to guarantee fair trials, it is best to prosecute international crimes, such as genocide and crimes against humanity, where they were committed, close to the victims and the affected population. However, the justice system in Rwanda lacks full independence, and the government can exert pressure to influence the outcome of trials, particularly in politically sensitive cases. As such, Human Rights Watch filed an amicus brief in 2008 opposing the transfer of the Kayishema case to Rwanda on the grounds that Rwanda could not guarantee a fair trial. The organization repeatedly emphasizes the importance of the International Residual Mechanism for Criminal Tribunals (IRMCT) to ensure that Kayishema receives a fair trial, so that the fundamental rights he allegedly violated can be upheld — something, survivors of the genocide who have waited for decades for justice deserve.

Alleged Masterminds of the Genocide

The arrest of Kayishema comes as several suspects of the genocide have been confirmed dead or have either been arrested or actively sought by the international community. Félicien Kabuga, an alleged mastermind behind the genocide, was arrested in France in May 2020, and his trial began in September 2022 before the IRMCT. Shortly after Kabuga’s arrest, the IRMCT announced Augustin Bizimana, the defense minister at the time of the killings, was confirmed dead after his remains were identified in a grave in the Republic of Congo. Furthermore, in May 2022, Protais Mpiranya, the commander of the army’s presidential guard at the time of the genocide, was confirmed dead.

Trials in National Jurisdictions

When the tribunal closed, the IRMCT was tasked with arresting and prosecuting the nine remaining fugitives it had indicted. It retained jurisdiction over Bizimana, Kabuga, and Mpiranya, while the six remaining cases were referred to Rwandan authorities, including those of Kayishema and Munyarugarama.

As a result of these referrals, the risks that may exist to the due process and fair trial rights of an accused in a transferred genocide trial became apparent. For instance, Ladislas Ntaganzwa, whose case was transferred to Rwandan authorities, was arrested in the Congo and transferred to Rwanda in March 2016, where he faced trial. He was found guilty of genocide, among other related crimes, in May 2020, and his conviction and life sentence were maintained on appeal in March 2023.

The long duration of the trial raised fair trial concerns, and in November 2018, the IRMCT published a monitoring report stating that Ntaganzwa had told the court he had been held in solitary confinement for 25 days and that prison authorities had harassed him, threatened to beat him up, and intimidated him for breaching prison regulations after he was found to have a mobile phone.

Furthermore, the IRMCT indicated that Ntaganzwa had concerns about the prison authorities’ attempts to monitor his communications and laptop on different occasions; one of his defense lawyers expressed concern that sharing the defense’s witness list early on in the proceedings would lead to it being tampered with while Ntaganzwa was in solitary confinement. These incidents highlight the risks that exist to the due process and fair trial rights of accused individuals in a transferred trial setting.

Need for Fair Trials in Pursuing Justice for Genocide

The alleged genocide mastermind’s arrest is an indication that the pursuit of justice for the crimes committed during the 1994 Rwandan genocide continues. However, in pursuing justice, there is a need to ensure that due process and fair trial rights are upheld. The trial of Kayishema and other suspects of the genocide should be conducted with transparency and fairness, guaranteeing the rights of the accused and the victims of the atrocities they were subjected to. Only then can survivors, who have waited for justice for decades, find some solace in seeing those responsible for the genocide face the charges against them in a court of law.