Rwanda, Malawi sign extradition treaty

Malawian prosecutors can now reopen the extradition bid for Genocide suspect Vincent Murekezi, who was arrested last December over his role in the 1994 Genocide against the Tutsi.

Thursday, February 23, 2017
Murekezi leaves a Malawian court last year. File

Malawian prosecutors can now reopen the extradition bid for Genocide suspect Vincent Murekezi, who was arrested last December over his role in the 1994 Genocide against the Tutsi.

Murekezi’s extradition had been denied last week when a court in the southern African country ruled that there was no legal framework under which Malawi and Rwanda could exchange suspected criminals.

This hurdle was, however, overcome yesterday when the two countries signed an extradition and prisoner exchange treaty, according to Justice minister and Attorney General Johnston Busingye.

"The treaty was signed this morning [yesterday]. Also, a Prisons Cooperation Memorandum of Understanding and a Prisoner Exchange Agreement were signed,” Busingye said.

"These instruments are about bilateral cooperation. Murekezi is a specific case, which will be decided by the courts, the agreements are useful in any extradition case, Malawi to Rwanda or Rwanda to Malawi. They are far bigger than Murekezi.”

Murekezi is a notorious Genocide suspect whose killings in Tumba in the current Huye District remain stark in the memories of survivors. He was arrested in Malawi in December following an indictment sent by Rwandan prosecution.

Besides genocide crimes, Murekezi is a suspect in a corruption case in Malawi that dates back to 2008 in which he had jumped bail.

Using money for ends

A wealthy businessman, Murekezi has been living in Malawi for over a decade and according to reports, he paid a bribe to the tune of $5,000 to acquire a Malawian citizenship in 2003.

His arrest in December was preceded by an uproar from members of the civil society in the southern African country, where it was alleged that Murekezi was peddling influence to evade arrest.

Previous reports had pinned him on forging Rwandan documents that he presented during his naturalisation process in Malawi.

He is among the at least dozen indicted Genocide fugitives said to be living in Malawi.

However, a Malawian court, last week, ruled that it could not sanction Murekezi’s extradition unless the two countries worked out an extradition treaty to guide the transfer of suspects.

In the ruling, a magistrate in the capital Lilongwe said despite the magnitude of the case against Murekezi, he could not be transferred for lack of legal framework.

Magistrate Patrick Chirwa said extradition at this moment could only happen if Malawian minister for home affairs makes an agreement with his Rwandan counterpart on making the latter a designated country.

Asked how Rwanda regards this seemingly swift cooperation development between the two countries, Busingye said that, "Yes we are happy our cooperation with the Republic of Malawi is growing in a healthy way.

"Murekezi is a case for the courts. What we concluded today is a bilateral framework without which it would be difficult for a court to grant an extradition. It is now up to the legal people, the prosecutors to decide how to use it in Murekezi’s case,” Busingye added.

The Southern Africa region has been regarded as a "haven” for several Genocide suspects. Busingye is optimistic that this treaty signals a "fresh” start toward the conclusion of similar actions from the region and beyond.

"Yes this is a good fresh page that has been turned. We hope to negotiate and conclude similar arrangements with other southern African sister states. Again it is two-way traffic, not one way,” Busingye said.

Besides Murekezi, there are at least seven other Genocide fugitives whose indictments were sent to Malawi. editorial@newtimes.co.rw