The Residual Mechanism for International Criminal Tribunals on Monday, June 13 ruled that key genocide suspect Felicien Kabuga is medically fit to stand trial in The Hague where he is currently detained. This followed the request by defence lawyers that Kabuga’s trial proceedings be halted owing to his ill health. “The trial chamber finds that the Defence has not established that Kabuga is presently unfit for trial,” read the trial decision. The judges also ruled that Kabuga will remain detained at The Hague Branch of the Mechanism in The Netherlands and that his trial shall commence there until otherwise decided. It had earlier been hoped that the man, who is a mastermind of the 1994 Genocide against the Tutsi, would be transferred at the Arusha, Tanzania branch of the Mechanism. Meanwhile, the judges also ruled that Kabuga will be subject to periodic monitoring by a panel of three independent medical experts who shall submit a joint report on his fitness before trial to the Trial Chamber every 180 days from the filing of the decision unless otherwise decided. Kabuga has been in the custody of the International Residual Mechanism for Criminal Tribunals (at The Hague branch) since October 26 2020 following his transfer to The Netherlands after his arrest in May 2020. His arrest ended a 26-year search for Kabuga, who was considered a Big Fish by the Mechanism and its predecessor, the International Criminal Tribunal for Rwanda. The 87-year old is charged with seven counts, including five related to genocide; genocide, complicity in genocide, direct and public incitement to commit genocide, attempt to commit genocide and conspiracy to commit genocide. Other charges include persecution and extermination – both as crimes against humanity. Known as the Chief Financier of the Genocide against the Tutsi, Kabuga was a wealthy businessman and core member of the Akazu (a small powerful circle of ideologues that masterminded the Genocide). He was also the founding president of the board of shareholders of hate radio RTLM, which incited killings.
