The Chief Prosecutor of the International Residual Mechanism for International Criminal Tribunals, Serge Brammertz, plans to take his frustration over countries that continue to adamantly refuse to arrest genocide fugitives like Fulgence Kayishema to the UN Security Council this June.
Speaking to journalists upon his arrival in Rwanda for a three-day official visit, Serge Brammertz said that his office had concrete information about Kayishema’s whereabouts but the country where he was based had not showed enthusiasm to cooperate in his arrest.
"It is impossible for me to understand how any country could support and help someone like Kayishema to escape justice. We criticise some countries who we think are not doing anything that they can to arrest them,” he said.
In December last year, Brammertz told the council that Kayishema was located in South Africa but he remains at large because of this country’s failure to provide effective cooperation over the last two and a half years.
He said that South Africa refused to arrest Kayishema based on claims that he had refugee status adding that it had been later verified that the suspect had no refugee file.
Elusive fugitives
Brammertz said that his team is expected to present a progress report to the UN Security Council in June and he plans to reiterate his frustrations regarding both national and international fugitives.
"We have taken an official stand and we intend to reiterate this in the Security Council Report next month that we as the UN Prosecution Office that all conditions are met to transfer these suspects to Kigali. We think that they have the legal obligation to prosecute these suspects or transfer them to Rwanda,” he said.
Looking at the remaining six Mechanism fugitive cases especially Protais Mpiranyi, Brammertz said that his office has information and was actively following up although there was little to no political will to have these suspects arrested.
Search continues
Rwanda’s Prosecutor General, Aimable Havugiyaremye, said that although 27 years have passed since the genocide, the search for those who committed the atrocities will never stop.
He said that the arrest of suspects is mostly driven by host countries, some who have not shown any commitment or interest in cooperating to bring them to justice.
"Yes, some have changed their appearance, others have acquired citizenship but apprehending these suspects mostly comes down to the countries where they are based. If they don’t cooperate, the process becomes complicated but we will never stop pursuing them,” he said.
Since the Genocide Fugitives Tracking Unit (GFTU) was established in 2007, it has issued 1,146 indictments and arrest warrants against Genocide fugitives in 33 countries.