Survivors demand more after French court upholds 25-year sentence for Simbikangwa over 1994 Genocide

The National Public Prosecution Authority (NPPA) has welcomed the decision by a French court to uphold Pascal Simbikangwa’s 25-year jail sentence despite his appeal in October.

Tuesday, December 06, 2016
Pascal Simbikangwa was a key member of the government that committed the 1994 Genocide against the Tutsi. (Net photo)

The National Public Prosecution Authority (NPPA) has welcomed the decision by a French court to uphold Pascal Simbikangwa’s 25-year jail sentence despite his appeal in October.

Bobigny Assize Court in Paris last week confirmed the sentence after it found Simbikangwa guilty of committing genocide and complicity in crimes against humanity.

He was arrested in 2008 while living under an alias on the French Indian Ocean island of Mayotte.

Simbikangwa, a former intelligence officer in the genocidal government, was in 2014 convicted to life imprisonment by a French court but appealed against the decision.

The sentence was later reduced to 25 years, a sentence which he appealed again.

However, last Friday, the court decided to uphold the sentence after it found him guilty of the crimes.

But Faustin Nkusi, NPPA spokesperson, said it was not the final decision as the accused still had the right to appeal to Cassation court but it would change nothing.

"This is a minor case because the Cassation court only looks at procedure and we think they may change nothing on the court’s decision,” he added. 

"We are satisfied even though he got a light sentence compared to the crimes committed. We thought he would have received a heavier sentence as he was among the top genocide perpetrators,” said Nkusi 

A lot of work to accomplish

Nkusi said, however, that France still had a lot of work to do as, for the last 22 years, the country has been a safe haven for genocidaires and little has been done to either prosecute or extradite them despite the fact that it is an international obligation.

"So far, we have indicted more than 39 fugitives in France. They (French officials) have extradited none up to now, their courts have decided not to extradite any fugitive to Rwanda.”

Prof. Jean-Pierre Dusingizemungu, the president of Ibuka, the umbrella body of Genocide survivors’ associations, said they welcomed the court’s decision, but was quick to add that countries hosting fugitives, especially France, should help in extraditing all who committed genocide or try them.

"We are thankful for the French court’s decision, we expected a heavier sentence, but 25 years is still okay,” he said.

"France, particularly, should do more because they also have more information than any other country. If they took a step to try and sentence Simbikangwa, they should also work on other cases because a lot of people are still there and remain free.”

He said that extraditing the fugitives would help witnesses give testimonies without spending a lot of money and in the local language that does not need any interpretation, hence avoiding any distortion.

On reparation

Dusingizemungu also said that the judges trying genocide cases should think of the fate of the survivors and order reparation from whoever is found guilty.

"They should think about the Genocide survivors. The issue of reparation should be considered,” he said.

Collectif des Parties Civiles pours le Rwanda (CPCR), a French based civil society organisation, has also welcomed the court’s decision, saying it is the fruit of a fight fought over the years, adding that it will not rest before all suspects are brought to book.

CPCR was founded in 2001 to ensure that Genocide suspects living in France and across Europe answer for their crimes.

"This condemnation confirms to us in the validity of the fight that we have been fighting for 20 years, A thought for the victims, the fight goes on,” CPCR said in a tweet.

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