In some cases, individuals are tried in absentia—meaning they are not physically present in court throughout the proceedings and during conviction. This can happen for various reasons, such as when a suspect flees justice, or is unaware of the trial, among other things. For instance, after the 1994 Genocide against the Tutsi, many perpetrators had already fled Rwanda when the Gacaca courts were introduced. As a result, they were tried and sentenced in absentia. ALSO READ: US deports Rwandan Genocide convict Ahmed Napoleon Mbonyunkiza A recent case illustrates this situation. Earlier this week, Ahmed Napoleon Mbonyunkiza, a Genocide convict, was deported from the United States after completing a 15-year prison sentence for sexual assault. The 57-year-old had been tried and convicted in absentia by a Gacaca court in Nyakabanda, Nyarugenge District, for his role in the Genocide against the Tutsi and sentenced to life imprisonment. ALSO READ: Who is Genocide convict Napoleon Mbonyunkiza, deported from US? What does the law say? According to the Criminal Procedure Law, if a convicted fugitive surrenders to the authorities or is arrested before the penalty is prescribed, the previous judgment becomes void, and the prosecution starts afresh following normal legal procedures. The same applies to any confiscated property—if the judgment that ordered its seizure is overturned, the property is returned to the individual. However, suppose witnesses from the initial trial are unavailable for the retrial. In that case, their prior testimonies, along with written statements from co-accused individuals, can be used in court to establish the facts. It is important to note that certain crimes are imprescriptible, meaning they have no statute of limitations. These include crimes related to genocide, corruption, and defilement, according to Rwandan laws. ALSO READ: All those convicted in absentia by Gacaca should be flagged The Criminal Procedure Law states the room for opposition—an appeal process—that is available for all individuals tried in absentia. This allows them to request a review of their case by the same court that issued the judgment. The opposition process follows the standard legal procedures, and the accused must present valid reasons for their absence during the initial trial. Opposition must be filed within 15 days of receiving the judgment. If there is no proof that the individual was notified of their conviction, they can file an opposition at any time before the penalty is prescribed or before the judgment is executed regarding civil claims. For opposition to be admissible, the law specifies that the accused must provide a serious justification for their previous absence. The court has full discretion to determine whether the reasons given are valid. However, individuals sentenced by Gacaca courts while living abroad are allowed to file for opposition in competent courts upon their return to Rwanda. If they return voluntarily, they are prosecuted while free until a new judgment is pronounced. Opposition requires the accused to appear in person unless their absence is justified by exceptional circumstances. If they fail to appear without valid reasons, the opposition is nullified. Meanwhile, the execution of a judgment is suspended once an opposition is filed. However, the court that issued the judgment in absentia can still order the immediate arrest of the accused if considered necessary. If the opposition is deemed admissible, the judgment in absentia is revoked, and the case is retried in full. If multiple people were involved in the original trial, all accused individuals are summoned again. When is someone tried and convicted in absentia? Article 160 of the Criminal Procedure Law outlines the procedures for prosecuting and trying a fugitive suspect. If a suspect—whether in Rwanda or abroad—cannot be arrested because they are evading justice, the prosecution prepares a case file and submits it to the competent court, even without an interrogation. The court then orders the suspect to appear within one month. If they fail to comply, they are declared as having disobeyed the law. This order is posted publicly at the issuing court and published in a designated newspaper within eight days. If the suspect continues to evade justice, they are tried in absentia. The court bases its ruling solely on the prosecution’s submissions. The court determines how to handle the suspect’s property, which may be confiscated or sold at auction to compensate victims. The conviction is also published on the websites of the Judiciary, the National Public Prosecution Authority, and Rwanda Investigation Bureau, as well as on the court’s notice board. Once convicted in absentia, the fugitive loses all civil rights as per the law governing offenses and penalties. The prosecution of a fugitive does not delay or prevent the prosecution of their co-accused.
