Survivors: Theodor Meron is a shame to international justice
Saturday, May 19, 2018
Minister for Justice Johnston Busingye (left), Chief Justice Prof. Sam Rugege, and other officials during the Genocide commemoration event at the Ministry of Justice yesterday. Nadege Imbabazi.

Genocide survivors and government officials have reiterated their disappointment in American Judge Theodor Meron of the Mechanism of International Criminal Tribunals (MICT), over a number of decisions he has presided over, which they say are not in the interest of justice.

Meron is currently the President of MICT, which took over from the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY).

The ICTR was set up by the United Nations to bring to book masterminds of the 1994 Genocide against the Tutsi.

He has mainly been criticised for, among others, unjustifiably granting early release to convicted Genocide masterminds, while in the past, as President of the Appeals Chamber, he oversaw the considerable reduction of sentences for, or even outright acquittal of several genocidaires convicted by the tribunal’s Trial Chamber.

Meron, 88, is expected to seek another term to head the Mechanism when his current mandate expires in June this year.

Speaking at an event to commemorate Genocide victims who worked with the judiciary, Dr Jean-Damascène Bizimana, the executive-secretary of the National Commission for the Fight against Genocide (CNLG), noted that the decisions by the judge has only brought shame upon international justice.

"The decisions by Judge Meron and his colleagues to free some of the renowned genocide masterminds before completing their prison sentences is regrettable. It is a shame to international justice to say the least. What do you tell the Genocide survivors?” Bizimana said.

Meron is accused of the release of two convicted Genocide masterminds, Ferdinand Nahimana and Father Emmanuel Rukundo, who were serving their sentences in Mali in 2016.

Judge Meron’s influence has been markedly manifested at the appellate level in cases of Protais Zigiranyirazo, Justin Mugenzi, Prosper Mugiraneza, Augustin Ndindiriyimana, Francois Xavier Nzuwonemeye to name but a few.

The most recent development is the request by three convicted genocidaires who played instrumental roles in the 1994 Genocide against the Tutsi, to be released ahead of their set time of sentence.

The trio; Col. Alloys Simba, Dominique Ntawukuriryayo and Hassan Ngeze, have requested Judge Meron’s Mechanism  to be granted early release.

"Judging by what has happened before, there is a high chance that Judge Meron will free Simba, Ntawukuriryaro and Ngenze,” Egide Nkuranga, the vice president of Ibuka, the umbrella body for Genocide survivors’ associations, said.

Simba submitted his request for early release as far back as 2016 while Ntawukuriryayo filed his submission last year.  

Justice Minister and the Attorney General Johnston Busingye said that although Rwanda is a central party in the proceedings of the Tribunal, Meron never asked for an opinion from the court regarding the decision to grant early release to any convict previously released.

"Judge Meron’s actions are as if to suggest that what was done by ICTR or the Genocide against the Tutsi was just a show. It is sad,” Busingye said.

Recently, Genocide survivors asked the United Nations not to renew Meron’s contract when it comes up for renewal in June.

The same call was echoed by scholars who spoke to The New Times, arguing that "younger and less politically involved” president for MICT should rather be appointed.

‘Justice for all’

Meanwhile, Chief Justice Sam Rugege challenged members of the justice sector to ensure that Rwandans fully enjoy the rule of law and scale up the fight against genocide denial.

"I challenge prosecution and the judiciary in general to ensure justice; keenly examine the cases of Genocide denial as well as some of the Genocide convicts whose cases were adjudicated by Gacaca courts requesting for retrial. It is important that we join forces in ensuring justice and penalising Genocide denial and revisionism,” Rugege said.

At the commemoration event, held on Friday at the judiciary headquarters in Kimihurura, the staff members of the Supreme Court, the Justice Ministry and Prosecution were joined by family members of former colleagues killed in the Genocide against the Tutsi to honour the deceased.

editorial@newtimes.co.rw