Rwanda

Fleeing the violence by the army and civil militias, thousands of Tutsi citizens had sought refuge in the nearby parish of Mugina in April 1994. The mayor of Mugina, who had tried to protect the Tutsi refugees in his municipality, was killed by militia members, giving the army, police and militias free rein. Several massacres took place between 21 and 26 April 1994, with an estimated 30,000 civilians being said to have been killed during the Mugina parish massacre. According to the Rwandan authorities, Pierre-Claver K. was closely involved in the planning and execution of the massacres in Mugina, including by supplying weapons to militias that killed Tutsi refugees. K. and his accomplices are said to have led some 80 Tutsi civilians that had managed to escape the parish massacres to a house that was subsequently set on fire. K. himself is said to have supplied the fuel. There are eye-witness accounts attesting to this. Furthermore, Rwandan authorities claim that prior to the massacres, K. had chaired a meeting calling for Tutsi civilians to be attacked and killed, and he is also alleged to have played a part in the assassination of the mayor of Mugina.

On 9 November 2022, The Hague District Court gave its verdict in the extradition case against K. The court declared K.’s extradition to Rwanda inadmissible, because of the risk – given the reasonable doubt the court has about judicial independence in Rwanda when it comes to the trials of political opponents of the Rwandan regime – of a blatant violation of K.’s right to a fair trial within the meaning of article 6 of the European Convention on Human Rights (ECHR). The Prosecution Service has appealed this decision. On 6 June 2023, the Supreme Court dismissed the appeal and confirmed the District Court's verdict declaring K's extradition to Rwanda inadmissible. 

Judgment:

The Hague District Court, 9 November 2022

Supreme Court, 6 June 2023, ECLI:NL:HR:2023:864

On 12 November 2021 the Hague District Court decided that there are no grounds to refuse the extradition of N. to Rwanda. After the Supreme Court dismissed N.'s appeal in April 2022, the Minister of Justice and Security determined that he could be extradited. N. initiated summary proceedings against this decision. After the District Court did not rule in favour of N., the Hague Court of Appeal did so on 19 December 2023: it declared N.'s extradition to Rwanda inadmissible. 

Judgment:

The Hague District Court, 12 November 2021, ECLI:NL:RBDHA:2021:12401

The Hague Court of Appeal, 19 December 2023, ECLI:NL:GHDHA:2023:2470

On 30 April 2021 the Hague District Court decided that there are no grounds to refuse the extradition of Joseph Mu. to Rwanda.  After the Supreme Court dismissed Mu.'s appeal in January 2022, the Minister of Justice and Security determined that he could be extradited. Mu. initiated summary proceedings against this decision. After the District Court did not rule in favour of Mu., the Hague Court of Appeal did so on 19 December 2023: it declared Mu.'s extradition to Rwanda inadmissible. 

Judgment:

The Hague District Court, 30 April 2021

The Hague Court of Appeal, 19 December 2023, ECLI:NL:GHDHA:2023:2469

The Hague District Court decided on 23 May 2019 that there are no grounds to refuse the extradition of Venant R. to Rwanda. R. appealed the Court's decision. On 28 January 2020 the Supreme Court dismissed the case. By decision of 28 April 2020, the Minister of Justice and Security allowed the extradition of R. to Rwanda. R. appealed to this decision, but The Hague District Court decided on 23 December 2020 that extradition of R. to Rwanda was indeed allowed. The Hague Court of Appealed confirmed this decision on 4 May 2021.

On 26 July 2021 R. was extradited to Rwanda. 

Judgment:

The Hague District Court, 23 May 2019

Supreme Court of the Netherlands, 28 January 2020, ECLI:NL:HR:2020:133

The Hague District Court (summary proceedings), 23 December 2020, ECLI:NL:RBDHA:2020:14013

The Hague Court of Appeal (summary proceedings), 4 May 2021, ECLI:NL:GHDHA:2021:763

The extradition-request is based on information from the International Criminal Tribunal for Rwanda (ICTR) and from Rwanda itself. Jean-Claude I. was arrested by the Netherlands Police in July 2013 and has been in provisional custody since then.

The Hague Court of First Instance decided on 20 December 2013 that there are no grounds to refuse the extradition of Jean-Claude I. to Rwanda.

I. argued that his political beliefs and activities are the reason for his prosecution for Genocide in Rwanda. The Court decided that there are no grounds for finding that statement plausible.

Jean-Claude I. has appealed the Court's decision. On 17 June 2014, the Supreme Court dismissed the case. By decision of 29 April 2015, the Minister of Security and Justice allowed the extradition of I. to Rwanda.I. appealed to this decision. On 27 November 2015, the The Hague municipal court decided that extradition to Rwanda would be in contravention of article 6 ECHR (right to a fair trial). One of the court’s main considerations in not allowing extradition was the expected quality of defense counsel in Rwanda. The Dutch government appealed against this decision and on 5 July 2016, the The Hague Court of Appeal decided in last instance that I. may be extradited to Rwanda. The court considered in its decision that there are no sufficient grounds to the conclusion that accused of war crimes in Rwanda will not have access to adequate judicial counsel.

On 12 November 2016 I. was extradited to Rwanda.

For more information see the International Crimes Database-website. 
 

Judgments:

The Hague District Court, 20 December 2013, ECLI:NL:RBDHA:2013:18505 (en français)

Advice to the Minister of Security and Justice, ECLI:NL:RBDHA:2013:18560

Supreme Court of the Netherlands, 17 June 2014, ECLI:NL:HR:2014:1441

The Hague Court of Appeal, 5 July 2016, ECLI:NL:GHDHA:2016:1924

On 11 July 2014, the The Hague Court of First Instance decided that there are no grounds to refuse the extradition of M. to Rwanda. On 16 December 2014, the Supreme Court of the Netherlands confirmed the judgment. The Minister of Security and Justice subsequently allowed the extradition of M. to Rwanda. M. appealed to this decision. On 27 November 2015, the The Hague municipal court decided  that extradition to Rwanda would be in contravention of article 6 ECHR (right to a fair trial). One of the court’s main considerations in not allowing extradition was the expected quality of defense counsel in Rwanda. The Dutch government appealed against this decision and on 5 July 2016, the The Hague Court of Appeal decided in last instance that M. may be extradited to Rwanda. The court considered in its decision that there are no sufficient grounds to the conclusion that accused of war crimes in Rwanda will not have access to adequate judicial counsel.

On 12 November 2016 M. was extradited to Rwanda.

Judgments:

The Hague District Court, 11 July 2014, ECLI:NL:RBDHA:2014:8484

Advice to the Minister of Security and Justice, ECLI:NL:RBDHA:2014:8485

The Hague District Court, 27 November 2015, ECLI:NL:RBDHA:2015:13904

The Hague Court of Appeal, 5 July 2016, ECLI:NL:GHDHA:2016:1925

On 1 March 2013, the District Court in The Hague convicted Yvonne B. of incitement to genocide. The court concluded that Yvonne B. had recruited underprivileged young people and incited them to the genocide of Tutsis in that part of Kigali, for the purpose of exterminating the Tutsis in her neighbourhood. The court ruled that this incitement constituted a significant link in the events that ended in genocide. B. was sentenced to a term of imprisonment of six years and eight months. This was the maximum sentence that could be imposed for this offence committed in 1994. The current maximum sentence for this offence is thirty years' imprisonment.

No appeal was brought against the District Court's ruling.

Judgment:

The Hague District Court, 1 March 2013 (aussi en français)

"I can't tell you any more about what happened. It was so horrific. If I tell you what happened, I will live through it all again. (...) It is over twelve years ago now that the genocide took place. Life has gone on, but I have never again been happy since the genocide. I think about it every day. There where I walk, where I know people, there is nobody left alive. I feel like a prisoner. My friends are no longer there. My colleagues are no longer there, my neighbours, my peer group. They're not there any more. In the past, we were all happy together. But now everyone is dead. - (Quotation from a witness statement in the case against Joseph M.)

The court of first instance sentenced Joseph Mp. to twenty years' imprisonment. On appeal, the sentence was increased to lifelong imprisonment. This was the first time an investigation by the International Crimes Team had led to a sentence to lifelong imprisonment. In its deliberations, the Court of Appeal judged that the crimes in question ‘must be reckoned among the most serious crimes tried before a Dutch court since World War II'. The Supreme Court confirmed the judgment of the Court of Appeal in November 2013.

Judgments:

The Hague District Court, 24 July 2007 (on jurisdiction for genocide)

The Hague Court of Appeal, 17 December 2007 (on jurisdiction for genocide)

The Hague District Court, 23 March 2009

The Hague Court of Appeal, 7 July 2011, ECLI:NL:GHSGR:2011:BR0686

Supreme Court, 26 November 2013, ECLI:NL:HR:2013:1420

On the basis of the Rwanda Tribunal's request for extradition, Ephrem S. was arrested in Amsterdam on 25 February 2004, and extradited to the Tribunal on 11 May 2004. On 25 February 2012, Ephrem S. was sentenced to twenty-five years' imprisonment for genocide, crimes against humanity, and war crimes. This sentence was confirmed on appeal.

Judgments:

The Hague District Court, 11 May 2004, Public Prosecutor's Office number UTL-I-2004.004.402.

ICTR Trial Chamber I, Ephrem Setako, 25 February 2010, Case No. ICTR-04-81-T. Can be found at http://unictr.irmct.org.

ICTR Appeals Chamber, Ephrem Setako, 28 September 2011, Case No. ICTR-04-81-A. Can be found at http://unictr.irmct.org.

On 27 July 2007, the District Court in The Hague ruled that the International Crimes Act could not be applied with retroactive effect. This meant that the Netherlands had no jurisdiction over genocide with respect to Michel B. The Genocide Convention Implementation Act in force at that time did not provide universal jurisdiction for genocide, so B., as a non-Dutch citizen, could not be prosecuted under Dutch law. The prosecutor of the ICTR then submitted a request for Michel B. to be prosecuted by the ICTR after all, and this request was granted. On 5 November 2009, the ICTR sentenced Michel B. to eight years' imprisonment for participation in genocide.

Judgments:

The Hague District Court, 21 March 2008, ECLI:NL:RBSGR:2008:BC7362

For the case against Michel B. at the ICTR, see: The Prosecutor v. Michel Bagaragaza, Case No. ICTR-2005-86-S, which can be found at https://unictr.irmct.org.

On 12 July 2001, Simon B. was arrested in Leiden in response to an extradition request. He applied for preliminary relief proceedings to stop his extradition, but the court ruled it admissible. B. was handed over to the Rwanda Tribunal, and on 2 December 2008 he was sentenced to fifteen years' imprisonment for ‘direct and public incitement to commit genocide'. This judgment was confirmed in its entirety on appeal.

Judgments:

The Hague District Court, 14 February 2002, LJN:AD9260

ICTR Trial Chamber III, Simon Bikindi, 2 December 2008, Case No. ICTR-01-72-T. Can be found at https://unictr.irmct.org.