Going home? ICTR’s first extradition to Rwandan courts

The very first extradition of a war crimes suspect from the ICTR’s custody to Kigali after the 1994 Rwandan genocide may soon take place. The ICTR referred the case of Jean Uwinkindi to the Republic of Rwanda to be tried in the country’s national court system.

By Josephine Uwineza, Hilversum

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Jean Uwinkindi’s records were transferred Monday, according to a statement from the ICTR. Judges said they welcomed the “good faith, ability and willingness of Rwanda to apply the highest standards of international justice”.
The Chamber added that its past concerns about referring cases to Rwanda’s national courts--including the availability of witnesses and their protection--had been addressed to some degree in the intervening period.

The African Commission on Human and Peoples’ Rights (ACHPR) will monitor Uwinkindi’s trial in Rwanda and will report to the ICTR President on any potential issues that may arise throughout the course of the proceedings. The ICTR holds primacy, and if necessary, it may revoke the case from Rwanda and send it back to Tanzania as a last resort.

The previous five requests by the Rwandan government for referral of cases to its own courts were rejected two years ago by the tribunal, which feared at the time that the accused would not be guaranteed their rights to a fair trial.

Hunger Strike–Prison protest
Jean Uwinkindi’s fellow inmates started a hunger strike in protest against the decision to extradite him.
A letter addressed to the ICTR President, Judge Khalida Rachid Khan, and signed by 31 prisoners, says:
"We are surprised that this decision comes, as Rwanda is the subject of several damning reports alleging the most serious violations of human rights." "The fate of Uwinkindi is comparable to that of former Chadian President Habré," the letter continues.
Senegal has abandoned plans at the last minute to return Habre to his country of origin for trial. Navi Pillay, UN High Commissioner for Human Rights, had warned against "a violation of international law" for the former leader because he couldn’t be guaranteed a fair trial in Chad.

The 31 prisoners believe "the situation of justice and human rights in Paul Kagame’s Rwanda is worse than that prevailing in Idriss Deby’s Chad."

But the Rwandan authorities insist their judicial system has a track record of fairness. Jean Uwinkindi, arrested on June 30, 2010 in Uganda, is charged with genocide, extermination and crimes against humanity. ICTR prosecutors have accused him of leading several attacks against Tutsi refugees in his own parish of Kayenzi in April 1994. He still has a chance to appeal the decision to extradite him to ICTR judges.