UN prosecutor says dissatisfied with decision on genocide suspect Kabuga

THE HAGUE, Netherlands

The Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals (IRMCT), Serge Brammertz, has expressed his dissatisfaction with the decision made by the UN court's Appeals Chamber to permanently halt the trial of Genocide suspect Felicien Kabuga.

On Monday, August 7, the Appeals Chamber maintained Kabuga’s unfitness to stand trial, thus dismissing the prosecutors’ appeal against a decision taken by the Trial Chamber in June.

The judges stated that they found no evidence that the Trial Chamber had applied an incorrect legal standard or had made errors in evaluating the evidence when concluding that Mr. Kabuga was not mentally fit to stand trial.

Conversely, the judges accepted the defense's appeal against the "trial of facts" procedure, which the Trial Chamber had prescribed as an alternative to a criminal trial due to Kabuga's inability to stand trial.

This procedure allowed for the presentation of evidence and findings but excluded the possibility of a conviction. The judges ruled that neither the statute nor the jurisprudence of the mechanism and its predecessor tribunals permitted an alternative finding procedure in place of a trial.

As a result, Kabuga's case has been permanently terminated, and his release is anticipated.

Commenting on the decision of the Appeals Chamber, Brammertz said that the outcome, though unsatisfactory, must be respected.

He noted that the judicial result primarily stemmed from Kabuga's evasion of justice for numerous years.

"Having knowledge of his actions before and during the 1994 Genocide against the Tutsi in Rwanda, he declined to face trial before an impartial and independent international tribunal to address the charges against him. While in hiding, he received support from his family and associates, starting in Kenya and concluding in France," he wrote.

Brammertz emphasized his solidarity with the victims and survivors of the Genocide, who had maintained their faith in the justice process throughout the last three decades. He acknowledged that the outcome would be distressing and discouraging for them.

After a recent visit to Rwanda, the Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals (IRMCT) said he gained a clear understanding of how vital it was for the trial to reach a satisfactory conclusion for the victims.

Brammertz also assured that his office would continue its efforts on behalf of the victims and survivors. He pledged support to the Rwanda Prosecutor General's office by providing evidence and sharing developed expertise, ensuring that more alleged genocide fugitives face trial for their purported crimes.