The government has expressed disappointment over the recent decision by the International Criminal Tribunal for Rwanda (ICTR) to transfer two convicts of the tribunal to Mali from where they will complete their sentences.

The convicts who were transferred to a Malian prison earlier last week are former Editor-in-Chief of the extremist Kangura newspaper, Hassan Ngeze, and one of the founders of the hate Radio Television Libre de Mille Collines (RTLM),Ferdinand Nahimana.

"There is an emergence of the impunity gap as a result of all this…that is why there have been releases of suspects both hurriedly and conveniently,” said Prosecutor General Martin Ngoga during an interview at his office yesterday.

Rwanda has always requested that convicts serve their sentences in the country as well as transferring some of the suspects for trial in Rwanda but to no avail.

"The decisions to transfer these convicts to Mali and the decision rejecting the prosecutor’s request to transfer some cases to Rwanda are within the competence of the ICTR…they (decisions) are nevertheless very disappointing,” said Ngoga.
He however said that the Government of Rwanda will continue to close the gaps. "We believe this is a trend that can be reversed.”

The two convicts together with Jean Bosco Barayagwiza were tried in a joint trial that was dubbed the ‘Media Trial’.

Ngeze, who is mainly known for the publication of the "Hutu 10  Commandments”, was sentenced to 35 years while Nahimana will serve 30 years of imprisonment.

They were transferred to Mali where they joined six others detained there including former Prime Minister Jean Kambanda who is serving a life imprisonment.

Since its establishment by the United Nations Security Council in 1994 to try masterminds of the 1994 Genocide against the Tutsis, the tribunal has completed 35 cases and among these, five have been acquitted.

"When suspects are set free as a result of ICTR’s judicial process, certainly that is a matter of concern…that is what I call the impunity gap resulting from a judicial process,” said Ngoga.

He added: "If we don’t address the situation, we shall have a scenario of judicial indifference and that must be avoided.” Ngoga, who is a former special representative  of the Government at the Tanzania-based tribunal, said that the entire process calls for patience and resilience, adding that what is at stake is bigger than the immediate feelings and sentiments.

"As a responsible nation, we have to rise high above and walk along this balance between ICTR’s judicial independence and what we think and believe are its shortcomings,” he said.

Time has caught up with the tribunal which has until 2010 to close down as per the directive of the Security Council, yet some suspects in their custody have not started trial, others remain at large.

Among those at large include Felicien Kabuga, commonly known as the ‘financier of the Genocide’ whom the ICTR has for years suspected to be in Kenya but no move has been made towards his arrest.

A Trial Chamber recently blocked a motion by the ICTR Chief Prosecutor to have five suspects be transferred to Rwanda for trial, however, according to sources, negotiations between the court and the Government of Rwanda are still on to have them brought here for trial.

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