Legal experts have expressed reservations about celebrating the extradition of Innocent Bagabo from French custody.

A French court in Poitiers, western France, on Thursday, approved the suspect’s extradition to face justice in Rwanda following a formal request by the Rwandan government.

Bagabo, a 49-year-old former teacher, has been living in France where he had been granted citizenship.

He is accused of genocide, aiding and abetting the genocide, and committing crimes against humanity, among others.

However, the court’s decision is not final as it can be overturned by France’s court of cessation, which has jurisdiction over all matters tried in the judicial stream.

Prosecutor-General Richard Muhumuza told Saturday Times that it was the same court (court of cessation) that had turned around extraditions in the past.

"It might be too early to celebrate the extradition approval by the court or say that France is finally turning around. We have to await the final decision, all we can do for now is hope that the decision will be maintained,” Muhumuza said.

Indee, many Rwandans will have remained skeptical on whether France will follow through with the extradition given the previous experiences where they refused to honour extradition petitions.

Such decisions saw suspects such as Charles Twagira and Claude Muhayimana walk away scot-free.

Others who have benefitted from France’s failure to cooperate include Hyacinthe Rafiki Nsengiyumva, the former minister for public works, and former first lady Agathe Kanziga Habyarimana.

Muhumuza said the skepticism is understandable considering previous experiences.

France home to suspects

The skepticism is also made worse by the fact that France remains host to the largest number of Genocide suspects, having only convicted Pascal Simbikangwa for crimes committed in Rwanda.

Justice minister Johnston Busingye told Saturday Times that he will only celebrate the extradition when Bagabo is officially handed over to Rwanda.

"I will only count it when he is handed over to Rwanda. However, I want to believe that France knows that they have an international obligation to make sure that people who are suspected to have committed Genocide, have been indicted and are living on their soil, have their day in court. If they do not, then we will be correct to claim that France is insensitive to Rwanda’s post-Genocide justice process,” Busingye said.

Calling for cooperation from the French authorities, Busingye said the government was aware that there might be some new processes and change of laws.