ICTR Transfers Second Case To Rwanda

The International Criminal Tribunal for Rwanda (ICTR) has transferred a case of genocide fugitive Fulgence Kayishema to be tried in Rwanda. However, the whereabouts of the suspect are unknown.

“The Referral Chamber orders the case be referred to the authorities of the Republic of Rwanda, so that those authorities should forthwith refer the case to the High Court of Rwanda for an expeditious trial,” reads the decision dated February 22, 2012.

The Chamber ordered the Prosecution to hand over to the Rwandan Prosecutor General not later than 30 days after the decision becoming final.

Material supporting the indictment against the accused and all other appropriate evidentiary material is in its possession.

Fulgence Kayishema is charged by the Prosecutor of the International Criminal Tribunal for Rwanda (ICTR) with genocide or complicity in genocide in the alternative, conspiracy to commit genocide and extermination (crimes against humanity).

According to the indictment dated 5 July 2001, Kayishema was Inspector of police in Kivumu commune in the Kibuye préfecture.

Kayishema is charged with having participated in the massacre of ethnic Tutsis across Kibuye, most notoriously the Nyange Parish massacre, in which he executed a plan for the mass killing of Tutsi refugees gathered in the parish, along with convicted génocidaire and former priest, Athanase Seromba.

Prosecution alleges that, among other acts, Fulgence Kayishema ordered the killing of Tutsis inside the parish, and brought fuel for use by the Interahamwe militia to burn down the parish. More than 2000 civilians are believed to have died in this attack alone.

The Chamber presided over by Judge Khalida Rachid Khan noted that Rwanda had made material changes in its law and had indicated its capacity and willingness to prosecute cases referred by the Tribunal.

‘’The Chamber expresses its solemn hope that the Republic of Rwanda, in accepting referrals from this Tribunal, will actualize in practice the commitments it made in its filing about its good faith, capacity and willingness to enforce the highest standard of international justice in the referral cases,” states the ruling.