PROCEEDINGS BEFORE THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA (ICTR)
The ICTR indicted Laurent Bucyibaruta on 16 June 2005. According to the indictment of ICTR, Laurent Bucyibaruta is accused of genocide, complicity in genocide, direct and public incitement to commit genocide, as well as for crimes against humanity consisting of acts of extermination, murder, and rape. His individual criminal responsibility as well as his superior responsibility were envisaged in the indictment.
On 21 June 2007, the ICTR issued an international arrest warrant against Laurent Bucyibaruta, asking the government of France to arrest him. The ICTR issued a second arrest warrant on 13 August 2007. Eventually, the ICTR deferred the case to the French judiciary.
PROCEEDINGS IN FRANCE
On 30 May 2000, Laurent Bucyibaruta was arrested and indicted by the Office of the Prosecutor in Troyes on the basis of a complaint filed in the High Court of Paris on 5 January 2000 by the International Federation of Human rights (FIDH) and the League of Human Rights.
On 6 June 2000 he was put in detention. He appealed the decision and was released by the examining magistrate on 20 December 2000. Nonetheless, he remained under judicial supervision.
On 12 June 2007, the Prosecutor of the ICTR demanded from the Tribunal an authorization to defer the cases of Laurent Bucyibaruta and Wenceslas Munyeshykaya to a criminal court in France since the two men were still under investigation in France and an agreement was concluded with France 2006 which allowed for such arrangement.
Following the arrest warrant issued on 21 June 2007, asking the French authorities to arrest Bucyibaruta, while waiting for the decision of the first instance chamber of the ICTR, seized with this matter, to decide on the issue of his transfer to Rwanda, he was arrested again on 20 July 2007 by the police in Reim at his home in Saint-André-des-Vergers in the department of Aube where he was living during the previous four years. The same month, French Ministry of Justice confirmed their agreement with French judiciary taking over the cases of Laurent Bucyibaruta and Wenceslas Munyeshykaya.
Following his arrest on 20 July, the investigating chamber of the Court of Appeal of Paris ordered an immediate release of the two men. The Chamber argued that the arrest warrant issued by the ICTR was not specific enough and therefore violated French law, particularly the principle of presumption of innocence.
The General Prosecutor Office did not appeal the decision on the release of the two men. They remained under judicial control in the proceedings initiated in France concerning the accusations of genocide and crimes against humanity.
On 13 August 2007, the ICTR issued a second arrest warrant which was formulated differently from the previous one. The arrest warrant requested the transfer of Bucyibaruta and Munyeshykaya until the Trial Chamber had made a decision regarding the Rule 11 bis (on the deferral to the French courts). Consequently, the French authorities again arrested the two men on 5 September 2007.
On 26 September 2007, the Court of Appeal of Paris demanded additional information from the ICTR stating that they were unable to proceed with the request of transfer to Rwanda on the basis of the information provided. On 20 November 2007, the ICTR withdrew their request in favour of the French judicial proceedings against the two men.
On 9 May 2017, the examining magistrate within the Paris Tribunal completed his investigation.
On 4 October 2018, the prosecutor formally charged Laurent Bucyibaruta with genocide and crimes against humanity. On 24 December 2018, the Parisian examining magistrate referred the case to the Criminal Court of Paris (Cour d’Assises de Paris).