The ex-convicts are Protais Zigiranyirazo, Maj Francois Nzuwonemeye, Capt Innocent Sagahutu, Col Alphonse Nteziryayo, Lt Col Tharcisse Muvunyi, André Ntagerura, Col Anatole Nsengiyumva and Prosper Mugiraneza.
They were transferred to Niger in December 2021 as per agreements signed with the International Residual Mechanism for Criminal Tribunals (IRMCT).
Rwanda expressed concerns that it was not consulted for the transfer of its citizens to a third country.
Today, Niger has already returned these Rwandans to Arusha to the headquarters of IRMCT awaiting transfer to a third country.
The Deputy Spokesperson of the Government of Rwanda, Alain Mukurarinda has told IGIHE that Rwanda did not take part of discussions leading to returning these Rwandans to Arusha.
“Rwanda was not involved in agreements signed between Niger and the International Residual Mechanism for Criminal Tribunals because signatories have total rights to do so. However, it would be better if Niger as a partner country informed Rwanda on the collaboration with Arusha court because it concerns Rwandans,” he said.
On 1st February 2022, Rwanda’s Minister of Justice wrote to the Chairperson of UN Security Council, Vasily Nebenzya which also oversees works of IRMCT expressing Rwanda’s concerns over the eight Rwandans transferred to Niger.
In the letter seen by IGIHE, the Minister of Justice, Dr. Emmanuel Ugirashebuja has said that Rwanda is ready to host these nationals if they are willing.
He said, Rwanda has experience in reintegrating Genocide convicts who finished their sentence noting that the eight Rwandans are welcome.
“There is no reason for IRMCT to continue carrying unnecessary load of people whose home country is willing to host them. It is against its mandate,” Mukuralinda revealed.
These Rwandans have been denying transfer to Rwanda claiming that their security would not be guaranteed. However, the Government of Rwanda says that there are other nationals deported after finishing their sentence.
In letter sent to UN Security Council, Minister Ugirashebuja also said that negotiating third parties for released convicts is not part of IRMCT‘s mandate.
He explained that it is unusual for courts to continue interfering with cases of released or acquitted convicts and demanded action to counter related negative impact to the international justice.
In 2014, Reuters reported that UN spends US$1500 every month on each of Rwandans tried by the court based in Arusha.
The money is used to cater for accommodation, communication, food and security among others.
Minister Ugirashebuja has said contributions raised by UN country members should not be spent to people whose countries accept to welcome them.
Rwanda has through the letter requested the UN Security Council to send these Rwandans home assuring their protection.
The Deputy Government Spokesperson, Mukuralinda has said that Rwanda is ready to welcome them.
“Rwanda is ready to host them whenever they are willing to come. However, they have rights to refuse. Rwanda will not put pressure on anyone to return home but will not cease expressing its views on matters concerning its nationals,” he said.
Many countries, including those where their families live and those from where they were arrested, have denied residence to these individuals owing to their role in the Genocide.
After receiving them on 6th December 2021, the authorities of Niger later issued an order on December 27, 2021 requiring, for diplomatic reasons, that the eight leave the territory of Niger within seven days of notification of the expulsion order. A court filing indicated that Niger’s decision was that the presence of these men on its territory constituted a threat to public order and national security.
On 31st December 2021, a United Nations court ordered Niger to suspend its expulsion of eight Rwandans.
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