A defence motion seeking the provisional release of Genocide suspect Felicien Kabuga, was denied by a UN court on Tuesday, June 1.

This was as the Trial Chamber of the International Residual Mechanism for Criminal Tribunals held a Status Conference in the Prosecutor v. Félicien Kabuga case, in the Courtroom of The Hague Branch of the UN court.

In a motion filed on May 6, Kabuga requested a stay of proceedings on the basis of his health and, in the alternative, his provisional release on humanitarian grounds to an appropriate facility in The Hague to be identified by the Registrar in cooperation with the Defence.

His lawyers claimed that, among others, based on medical reports, there is sufficient medical information to conclude that Kabuga is not fit to stand trial.

The Prosecution, in response, also filed a motion, later, requesting that the defence's motion be denied on the basis that: the request for a stay of proceedings, whether temporary or permanent, is premature; and that the requirements for provisional release are not met.

In this case, conditions required for provisional release are that: there must be compelling humanitarian grounds; the suspect does not pose any danger to Prosecution investigations or witnesses; and in light of the suspect's condition, there is no flight risk.

Among others, on Tuesday, the Court found that the Defence has not demonstrated that a request for a stay of proceedings is presently justified.

The Court also considered the submission filed by the Government of the Netherlands on May 27 that it is under no obligation to facilitate Kabuga's provisional release within its territory and that Kabuga fails to demonstrate that he is otherwise entitled to reside in the Netherlands during any provisional release.

It further considered that, despite his age and current condition, Kabuga remained a fugitive for over two decades after the confirmation of his initial indictment on November 26, 1997.

The Court's decision to deny the defence motion also was based on the fact that the Trial Chamber is not satisfied by Kabuga's guarantees that, when necessary, he will appear for trial and surrender when required.

Kabuga is currently detained at the United Nations Detention Unit at the Hague Branch of the Mechanism (UNDU), awaiting a detailed medical assessment to determine whether and under what circumstances he may be safely transferred to the Arusha Branch (in Tanzania) of the Mechanism for trial.

The Trial Chamber has been receiving bimonthly medical reports from the UNDU Medical Officer since December 9, 2020. 

On April 15, it instructed the Registrar to appoint an independent medical expert to examine the accused and submit a detailed written report, which is due by June 21.

Kabuga was arrested in France, in May 2020.

He last appeared in the dock last November where he heard all his charges read during a live court broadcast.

Kabuga pleaded not guilty after he remained silent during his initial court appearance. His not guilty plea stands.

Kabuga is currently in the custody of the Mechanism in The Hague since October 26 when he was transferred from France.

He is charged with seven counts including five related to genocide; genocide, complicity in genocide, director and public incitement to commit genocide, attempt to commit genocide and conspiracy to commit genocide.

Other charges are persecution and extermination, both as crimes against humanity.

Kabuga, known as the Financier of the Genocide, was a wealthy businessman and the president of what was called the National Defence Fund from about April 25, 1994 to July 1994.

A core member of the Akazu – a small circle of architects of the Genocide against the Tutsi, Kabuga was also the founding president of the board of shareholders of hate radio RTLM, known as a key enabler of the Genocide against the Tutsi.

The radio regularly gave detailed information about the people to be massacred and where they could be found.

Until his arrest, Kabuga, 85, was on the run since August 18, 1994 when the Swiss security services let him slip from their grasp. As the genocide progressed, Kabuga was reportedly given a visa to enter Switzerland.