Rwandan genocide suspect Yvonne Basebya must spend longer in Dutch custody. The Hague District Court rejected her defence request for provisional release on Thursday.

By Josephine Uwineza, The Hague

The judge said every 3 months the issue of provisional detention is analysed in consideration of new elements and other developments in the case. The judge added that as investigations are still ongoing on both sides and that no substantial change had occured in the last 3 months, there is no reason to release her pending the start of the trial.

As the allegations against Yvonne Basebya are still considered serious, the judge said her release after 18 months would be regarded as shock to the Dutch judicial order.

Dutch authorities arrested Yvonne Basebya in the Netherlands last year over suspicion of involvement in the 1994 Rwandan genocide. The arrest came at a crucial time when the Netherlands and Rwanda were discussing the possibility of signing an extradition treaty. Yvonne Ntacyobatabara, 64, married to Augustin Basebya is said to have led a group of millitias who killed Tutsis in Gikondo, Rwanda.

Prosecution
Dutch prosecutors claim she was a high-ranking member of the extremist political party CDR. She is believed to have held an influential position of command responsibility. Evidence against Yvonne Basebya includes documents discovered during a search of her residence, telephone records and witness statements. Also sentenced in absentia to life in prison by a Gacaca Court in Gikondo, Yvonne Basebya was charged by Dutch prosecutors with genocide, incitement to commit genocide and complicity to commit genocide. While she has been in provisional detention, investigations into her case have been ongoing since 2006.

“We maintain our position as regards Yvonne Basebya’s provisional detention,” said the prosecutor. Her release would "shock" judicial order, she added.

Defence
But the Gacaca tribunals’ records were inadmissible as evidence, submitted Yvonne’s lawyer Victor Koppe. The Human Rights Watch Report, “Justice Compromised” contained sufficient information about the failure of the Gacaca courts to meet international standards of a fair trial, Koppe said during the hearing in June.

Whereas prosecutors requested more time for further investigations, the provisional detention issue has been raised by the defence every 3 months since June 2010. “The length of provisional detention in this case is absurd,” said Koppe. Citing ECHR jurisprudence on the matter, he said his client would meet any provisional release conditions set by the court. If decided otherwise, holding her any longer would be a violation of Article 5 of the European Convention on Human Rights.

“I am innocent, all the charges are lies built up against me. The truth will come out and triumph” says Yvonne Basebya each time the judges ask her whether she has anything to add.

Universal Jurisdiction
Joseph Mpambara was the first person to be arrested by Dutch authorities over his involvement in 1994 Rwandan genocide. The Rwandan asylum seeker was charged with war crimes and genocide.
But Dutch courts have no jurisdiction to try Joseph Mpambara for genocide, according to a Supreme Court ruling in 2008. This affirmed two previous rulings by The Hague District Court in July 2007 and The Hague Appeals Court in December 2007.

Joseph Mpambara was instead prosecuted for war crimes and torture. Mpambara’s trial for these crimes began at The Hague District Court in 2008. He was found guilty of torture and sentenced to life imprisonment the following year.

At that time, recognising the risk of no prosecution at all in cases like this, The Hague District Court acknowledged the existence of a lacuna in Dutch criminal law.
This led to the approval of the genocide law amendment by the Dutch parliament last week. The new law, if adopted by the Senate, would allow those charged with genocide to be prosecuted - regardless their nationality, ethnic group or gender.