Extradition of Rwandan genocide suspects would not breach the European Convention on Human Rights. That is the outcome of a judgement by the European Court on Human Rights (ECHR).
In a surprising move, the European court in Strasbourg on Thursday ruled that the extradition of Rwandan genocide suspect Sylvère Ahorugeze would not violate European human rights treaties.
According to Rwanda, Ahorugeze, a Hutu, is under suspicion for taking part in the 1994 genocide that killed over 800000 Tutsi's and moderate Hutu's. He is suspected of killing at least 28 people.
Ahorugeze was arrested in 2008 in Sweden where his wife was renewing her passport at the Rwandan embassy. He denies all allegations and claims that the accusations are politically motivated.
But the European court ruled that the Rwandan judicial system has improved over the last few years. Two judges ruled that a deportation is neither in breach of article three in the convention prohibiting torture and ‘inhuman or degrading treatment or punishment’, nor article six, stipulating a detailed right to a fair trial.
The court found that the death penalty and the punishment of life imprisonment in isolation are no longer being applied in Rwanda. Besides it found that the courts are independent and the Mpanga prison where Ahorugeze would serve his sentence meets international standards. It was because of these improvements that the UN International Criminal Tribunal for Rwanda (ICTR) decided to send the case of one suspect for trial to Rwanda.
Ahorugeze went to the court in Strasbourg to fight his extradition from Sweden to Rwanda. He believes that he risks "ill-treatment and a flagrant denial of justice" if sent back to his home country. He is adamant that he stands no chance of getting a fair trial in Rwanda, but the Swedish government did not agree.
Ahorugeze, who had been held in custody for three years, was released in July after the Supreme Court ruled that there was no reason to detain him while the decision from Europe was taking a long time. Following his release, he returned to live with his family in Denmark, where he now resides.
He has previously been under investigation in Denmark for alleged war crimes without any charge ever being filed. Sweden's view of the Rwandan judicial system is unusual and no other EU country has made the same judgement. So far, the Danish authorities have rejected the Rwandan deportation demand, but following the ruling, Rwanda is expected to renew its demand that Ahorugeze be extradited.
















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