Célestin Mutabaruka

05.05.2016 ( Last modified: 17.07.2019 )
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Facts

Célestin Mutabaruka was born in Rwanda in 1956. He became an ordained Pentecostal pastor.

A member of the Hutu ethnic group, he is suspected by the Rwandan government of having been a leader of an Interahamwe militia during the Rwandan 1994 genocide and of having actively participated in crimes against the Tutsis. Mutabaruka is specifically accused of participating in the massacre of many Tutsis hidden in the Presbyterian church of Gatare on 17 April 1994. In the middle of May 1994, he also allegedly led an Interahamwe militia during the attacks in Bisesero causing the death of approximately 40’000 Tutsis.

After the genocide, Mutabaruka fled Rwanda to Congo and later moved to the United Kingdom where he lived in the town of Ashford in the county of Kent for over a decade.

Legal Procedure

On 30 May 2013, following the extradition requests by the Rwandan authorities, the UK police arrested him with four other suspects: Emmanuel Nteziryayo, Charles Munyaneza, Vincent Brown (Bajinya) and Celestin Ugirashebuja. These four persons have been already arrested in 2006 but were released later because of denial of the extradition request due to concerns about their right to a fair trial in Rwanda.

On 21 December 2015, a British court refused a repeated request for extradition. It was stated in the decision that despite the progress of Rwandan legislation, the guarantees of a fair trial and respect for basic human rights were not sufficient so far.

The extradition hearing before  the High court of Justice started on 28 November 2016 and resulted in yet another refusal of the request.

In January 2018, Rwandan Prosecutor General Jean Bosco Mutangana and Prosecutor Jean Bosco Siboyintore, Head of the Genocide Suspects Tracking Unit, travelled to London to request the United Kingdom to open an investigation against the five individuals suspected of having participated in the 1994 genocide. They recalled the obligation of the United Kingdom to try or extradite such individuals. As a result, the War Crimes Unit reported that it was assessing the available evidence.

On 9 April 2019, British police announced that the allegations against Charles Munyaneza and other four individuals were being examined. Minister of State for Security and Economic Crime Ben Wallace announced that investigations concerning those five individuals might take up to five years. However, he also told members of the Parliament that the UK government would provide all the necessary resources at its disposal so that justice can be served. He announced that officers were sent to Rwanda to investigate on the ground.

Context

Rwanda has been historically inhabited by three groups, known as Hutu, Tutsi and Twa. Between April and July 1994, the country was torn apart by a bloody genocide, during which extremist Hutus targeted Tutsis and moderate Hutus. The United Nations Assistance Mission for Rwanda (UNAMIR) was powerless against those committing the genocide, as the peacekeeping troops were largely outnumbered the genocidaires and the international community notoriously failed to respond otherwise at the relevant period.

 

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA (ICTR)

In hopes of facilitating the process of national reconciliation and to promote peace in the country, on 8 November 1994 the United Nations Security Council adopted Resolution 955. The Resolution established the ad hoc International Criminal Tribunal for Rwanda (ICTR), located in Arusha, Tanzania.

The Tribunal’s function was to prosecute perpetrators of crimes of genocide, crimes against humanity and war crimes committed between 1 January and 31 December 1994 in the territory of Rwanda, by Rwandan citizens and those committed in neighbouring states. During its existence, 93 persons have been indicted by the ICTR, the Tribunal was officially closed in 2015.

Some proceedings are however still ongoing before the so-called International Residual Mechanism for Criminal Tribunals (or “the Mechanism”). The Mechanism was established by the United Nations Security Council Resolution 1966 (2010) and took over the remaining functions of both the ICTR and the International Criminal Tribunal for the former Yugoslavia (ICTY). The Mechanism has been functioning since 1 July 2012 in parallel with the Tribunals and nowadays as an exclusive institution. It gradually took  over the functions of the ICTR and ICTR, including the enforcement of sentences of those convicted and sentenced by the Tribunal, the tracking, arrest and prosecution of fugitives earmarked for trial at the Mechanism, and the protection of witnesses.

 

THE GACACA COURTS

In 1998, discussions began under the direction of the President of the Republic of Rwanda. Paul Kagame, about the possible use of traditional courts to support the ordinary Rwandan judicial system and the ICTR. A commission was created to study this possibility, and its report provided the basis of the Organic Law of 26 January 2001, which created the Gacaca Courts.

These courts were in charge of trying the low and middle-level perpetrators of the genocide, apart from the “planners” who should have been tried before the national courts. The Gacaca courts were composed of elected popular assemblies, made up of non-professional judges. The composition and functioning of such courts raised several concerns about the respect of fair trial guarantees.

According to Rwandan authorities, during their functioning, the Gacaca courts tried almost two million people. On 18 June 2012 Rwandan President Paul Kagame announced the official end of Gacaca courts’ activity.

Highlight

The decision by the High Court of 8 April 2009 is thought to be the first time when an English court has ever blocked an extradition request from a foreign government on the ground that it would violate Article 6 of the European Convention on Human Rights, which safeguards the right to a fair trial. The European Court of Human Rights (27 October 2011, Ahorugeze v. Sweden) and the ICTR (16 December 2011, Jean Uwinkindi v. The Prosecutor) judged that Rwandan authorities provided sufficient guarantees concerning the right to a fair trial.