A French appeals court Friday ruled against the extradition of Genocide suspect Claude Muhayimana and ordered his immediate release. 

Muhayimana is accused of taking part in the 1994 Genocide against the Tutsi, particularly at Gatwaro Stadium in the former Kibuye prefecture, where he was working as a driver at a guesthouse

The decision to release him comes at a time when Rwanda is preparing for the 21st commemoration of the Genocide – a move that genocide survivors say is intentionally meant to ridicule genocide victims.

"This is an unfortunate move by the French courts; This is not the first time France has released or let off the hook génocidaires during the commemoration period, its intended and planned to mock us,” said Naftar Ahishakiye, the Executive Secretary of Ibuka.

Ibuka is an umbrella grouping of genocide survivors’ associations.

France’s appeals court refused to extradite Muhayimana on the grounds that the crime of genocide was not on the statute books in Rwanda in 1994.

The suspect who had obtained French nationality in 2010, was arrested last year in the northern city of Rouen, France. Prior to his arrest, Muhayimana had been placed under investigation for genocide and crimes against humanity following a complaint from an association of French activists, Collectif des Parties Civiles Pour le Rwanda (CPCR)

Following the court decision, the president of CPCR, Alain Gauthier, said he was disappointed by the decision.

"We deeply regret the decision to release Muhayimana. If the judiciary hadn’t released him, it could have been interpreted as a calming signal to the victims of the genocide since the 21st commemoration is just around the corner, and a sign of effective justice,” said Gauthier

"We can only denounce the judgment as it manifests an attitude of contempt for the victims. However, this does nothing to hinder our determination in the fight we have undertaken to pursue justice, alongside other civil-party associations and to the side of the survivors.”

Currently France leads the table of countries harboring a large number of genocide suspects with only Pascal Simbikangwa having been convicted and sentenced to 25 years. He has appealed his conviction.