To Genocide fugitives holed up in the UK, justice must take its natural course

2014 will be a busy year for Rwanda, with the 20th commemoration of the 1994 Genocide against the Tutsi, and then Liberation anniversary, among the main highlights. As the country continues to make significant strides in recovering from the mayhem politically, economically and socially, setbacks linger here and there.One of the major issues that the country continues to grapple with two decades down the road is justice, especially with regard to the architects of the massacres that claimed the lives of over a million people.Through the Gacaca judicial system, the ordinary people (suspects), most of them illiterate or semi-literate, who were used by the elite in perpetrating genocide, were successfully prosecuted. However, most of the masterminds have remained elusive. Many of them used the loot from state coffers to flee to far-flung countries, mostly in Europe, where, some have gone on to acquire citizenship. A handful were apprehended and taken to the International Criminal Tribunal for Rwanda, where most of them were given symbolic sentences or outrageously acquitted; but at least they had their day in court.The major concern is about those who have remained elusive with some taking advantage of legal loopholes in their host countries.Last week, the BBC reported that Rwanda had refused to cooperate in the case involving five men who were arrested in May, this year, in the United Kingdom, over their role in the Genocide.These accusations are being made in the media notwithstanding an impending ruling by a British court, which could decide in favour of or against the extradition of these men, a ruling my sources tell me is expected early next year. One only wonders why these claims are coming up this time. According to Rwanda’s High Commissioner in the UK, Williams Nkurunziza, the prosecuting authorities of the two countries have worked closely for over the years, which led to their apprehension of the suspects in the question in the first place. He was, however, categorical about Rwanda’s priority: have the suspects extradited to face justice where the alleged crimes were committed.Three of these men are former district (commune) mayors (formerly referred to as bourgumetres), while another one headed what was then known as the National Population Office (Onapo).The fifth suspect worked for an international organisation. The one who headed Onapo, Dr Vincent Bajinya, is quoted in the same BBC report, saying that he had “written to Crown Prosecution (UK) asking that he be brought before court of law to have his name cleared.”Vincent Bajinya has since changed his name to Vincent Brown – I wonder which one of the “two men” (read Bajinya and ‘Brown’) he wants cleared.He claims he cannot “have a fair trial in Rwanda” and is ready to be tried elsewhere other than his country of birth.The “no-fair-trial” excuse is the same reason behind a decision by the UK courts back in 2009 to release four of these men (the fifth was arrested only recently), because some aspects within the Rwandan judicial system were not seen as conforming to international standards at the time. The decision was influenced by an earlier ruling by the ICTR, which had also rejected the transfer of suspects to Rwanda.That ICTR ruling had indicated which areas needed improvement in the country’s judicial system, including adjusting detention conditions and putting in place mechanisms to protect defence witnesses.Indeed, judicial reforms – which were already underway at the time – accommodated the concerns raised by the tribunal.Later, the ICTR would give a thumbs up to the reforms and subsequently ruled in favour of Kigali’s transfer request. As of today, two former ICTR detainees have since been transferred from the Tanzania-based court to Rwanda. This decision was to later serve as jurisprudence in other cases and led to the transfer of suspects from Norway, Canada and the United States.It is a decision that would also later be backed by the European Court of Human and People’s Rights, which also unequivocally ruled that Rwanda’s judicial system was in position to deliver fair justice.As Rwandans approach the 20th commemoration of the Genocide, no one should still be hoodwinked by suspected mass murderers who are now crying wolf!The likes of Bajinya should only eat their humble pie and let justice to take its natural course.Merry Christmas! The writer is an editor at The New Times.Twitter: @kimenyif

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To Genocide fugitives holed up in the UK, justice must take its natural course