The Rwanda genocide tribunal hears two new cases as it is set to close its doors next year. Thirteen suspected génocidaires remain at large.

Two new trials started in Tanzania before The International Criminal Tribunal for Rwanda (ICTR) on Monday. One involves the former head of Rwandan Tea Company, Michel Bagaragaza and the other a businessman, Gaspard Kanyarukiga.

Both genocide suspects had initially expected to be tried in the Netherlands and Rwanda. The UN tribunal sought to have its remaining cases transferred to courts elsewhere. But because of legal obstacles Bagaragaza and Kanyarukiga are two of the last suspects to be tried in Arusha.

Plea agreement

The wealthy Bagaragaza, who voluntarily surrendered to the genocide tribunal, is accused of financing, training and arming extremist Hutu militia who spearheaded the 1994 massacres which killed 800 000 people.

After having testified against other defendants before the tribunal, Bagaragaza who feared for his safety, was the court’s first suspect to be transferred to another country.

In exchange for this collaboration, prosecutor Hassan Jallow had committed to entrust his case to a European country and send Bagaragaza to the UN prison in The Hague. But attempts to have him tried in Norway and the Netherlands failed.

Bagaragaza, who initially pleaded not guilty to all charges, was transferred back to Arusha in May 2008 and signed a confidential plea agreement with the prosecutor.
 

Nyange church massacre

Also on Monday, Gaspard Kanyarukiga will answer charges for his role in the Nyange Parish massacre. More than 2000 Tutsi refugees were slaughtered when the church was burned to the ground, attacked with grenades, and bulldozed. Kanyarukiga denies involvement in the bloodbath.

Prosecutors say Kanyarukiga conspired with convicted génocidaire and priest, Athanase Seromba, as well as wanted suspect, Fulgence Kayishema and recently captured genocide indictee, Grégoire Ndahimana in the massacres Tutsi’s in the Kivumu commune.

The powerful businessman’s trial was initially to be held in Kigali, Rwanda. The ICTR’s appeals chamber, however, rejected his transfer on the basis of fair trial concerns.

ICTR

The ICTR has completed 45 genocide cases since its establishment in 1994. It has convicted and sentenced former government officials, military, militiamen, priests, radio broadcasters and intellectuals from the former extremist Hutu regime for their role in the 100-day genocide.

Twenty-three cases are still in progress and three other trials will start in the coming months. In addition, there are still 13 suspects at large, including the genocide’s main financier Felicien Kabuga who is believed to be hiding in Kenya.

One of the fugitives, Grégoire Ndahimana, was arrested two weeks ago in the Democratic Republic of Congo (DRC). Kinshasa still has not transferred the suspect.

No decision has been taken on what will happen with the remaining suspects when the court closes. Initial plans to transfer the cases to Kigali were dropped because the court is concerned that the suspects will not get a fair trial there.