Canadian authorities on Monday ordered the extradition of Juvénal Nsengiyumva to Kigali-not for charges related to the 1994 Rwandan genocide, but for drinking and driving.

Juvénal Nsengiyumva has been living in Montreal since 1999. Even though his refugee status application was rejected, he was permitted to stay in Canada based on humanitarian grounds.

He was cleared on charges of complicity and incitement to genocide based on a letter he and 28 other Rwandan diocese priests sent to Pope John Paul II, informing the Pontiff of the situation in Rwanda on 2 August 1994.

Letter to Pope John Paul II

Originally written in French, the letter claimed “the massacres that took place in Rwanda are the result of provocation and harassment of the people of Rwanda by the Rwandan Patriotic Front [RPF].” It further states that “speaking of genocide by insinuating that only the Hutu killed the Tutsi, is to misunderstand that Hutu and Tutsi killed each other…. We dare say that the same number of Hutu civilians killed by the RPF army far exceeds the Tutsi victims of ethnic conflict.”

The International Criminal Tribunal for Rwanda established in November 1994 also came under attack by the group of priests in thier August letter. “An international tribunal to try only Hutus seems to have been designed to prevent reconciliation. It is regrettable that those who are behind these atrocities and horrors are judges. If no one had triggered this absurd [war], Rwandan people would be in peace.”

Fear of persecution

Even though he has been charged with genocide denial in Rwanda, Canadian courts decided to extradite Nsengiyumva based on traffic violations because genocide denial is not a crime under Canadian law. It is the fear of being prosecuted for these crimes –if deported to Rwanda- that is in contention.

Juvénal Nsengiyumva appealed the decision saying if extradited to Rwanda he fears persecution based on his political views. “As much as I would disagree with my client, his views are not illegal here. We’ve had the Zundel case show us that. He’s not going to have a good time if he is sent back. We’re trying to get him to another country,” said Mr. Saint-Pierre.

Last year, he won a stay of his removal order, with Justice Yves de Montigny of the Federal Court of Canada addressing the politically charged nature of the case.

“In denying the genocide of the Tutsi minority by the Hutus, he has clearly exposed himself to government repression [in Rwanda] as well as possible restrictions to his fundamental liberty and physical integrity,” Judge de Montigny wrote.

Léon Mugesera

Earlier this year, a federal Canadian court rejected Leon Mugesera's last-ditch appeal at the end of a 15-year legal battle, and ordered his deportation to Rwanda on 12 January 2012. The Canadian federal court said Ottawa had received assurances from Kigali that Mugesera would not be mistreated and would be given a fair trial, noting that Rwanda abolished the death penalty in 2007.

Leon Mugesera is charged with incitement to genocide based on a speech he made in November 1992 in Kabaya, Rwanda at an MRND (Mouvement Révolutionnaire National pour le Développement) party meeting. He allegedly told 1,000 of his party members that “we the people are obliged to take responsibility ourselves and wipe out this scum [the Tutsi]” and “dump their bodies into the rivers of Rwanda.”