Claude Muhayimana
Context
Ongoing proceedings for crimes allegedly committed during the 1994 genocide in Rwanda
Type of jurisdiction
Universal jurisdiction
Suspect
Claude Muhayimana, dual Rwandan and French national, former driver for the Interahamwe’s militia
Country of residence of suspect
France
Charges
Complicity in crimes against humanity and genocide
Current status
Convicted; sentenced to 14 years’ imprisonment; awaiting appeal; detained
Facts
According to his conviction, Muhayimana drove Hutu militias to several attack locations while he was the driver for the Kibuye Guesthouse. He was involved, as an accomplice, in the massacres of Tutsi civilians who had found refuge in Karongi, Gitwa and Bisesero between April and June 1994.
Procedure
On 13 December 2011, the Rwandan judicial authorities issued an international arrest warrant against Muhayimana for his alleged participation in the genocide. The Rwandan authorities also requested his extradition from France.
On 26 February 2014, the French Supreme Court ruled that Muhayimana could not be extradited because Rwanda’s request was based on laws passed after the alleged crimes took place.
On 9 April 2014, Muhayimana was arrested in Rouen following a complaint filed in June 2013 by the Collectif des parties civiles pour le Rwanda. A criminal investigation was launched regarding his alleged role in the genocide committed in the district of Kibuye. Muhayimana was placed in pre- trial detention. On 3 April 2015, he was released and placed under judicial surveillance.
On 9 November 2017, the investigative judge referred the accused to the Paris Criminal Court for complicity in genocide and crimes against humanity. Muhayimana unsuccessfully appealed the referral decision.
The trial, initially scheduled from 29 September to 26 October 2020, was postponed twice due to the Covid-19 outbreak.
The trial took place before the Paris Criminal Court between 22 November and 17 December 2021. Muhayimana was found guilty of complicity in genocide for
transporting militiamen to various massacre sites during the genocide. He was sentenced to 14 years’ imprisonment.
Muhayimana appealed this decision and applied for his immediate release pending his trial before the Court of Appeal.
Developments in 2022
On 21 December 2022, the Appeal court released Muhayimana from detention and placed him under judicial supervision while awaiting his appeal trial.
