Will Félicien Kabuga soon be released? This is the question that arises after the decision of the appeal chamber of the United Nations mechanism responsible for trying the Rwandan businessman. Indeed, the latter has ordered the indefinite suspension of the proceedings and is asking the trial judges to review his pre-trial detention. Accused of genocide and crimes against humanity, Félicien Kabuga was arrested in the Paris suburbs in May 2020.
This decision of the Appeals Chamber is not, however, the end of Félicien Kabuga’s case. He remains under the authority of the court and the trial judges will now decide on his parole. Thus, he will not cross the doors of the prison of Scheveningen, where he has resided for more than three years, Wednesday August 9.
Félicien Kabuga’s future is still uncertain. Some of his children are in France, the United Kingdom and Belgium, so it is likely that the judges will order his departure to one of these countries, which will have an obligation to cooperate.
Félicien Kabuga is considered the “financier” of the genocide in Rwanda which caused at least 800,000 deaths in 1994. Aged at least 88, he suffers from severe dementia and divides his time between his cell and the hospital of the prison. On June 6, the judges declared him unfit to stand trial and set up a special procedure to “contribute to the maintenance of peace in Rwanda”.
The decision of the Appeals Chamber is motivated by the fact that the special court responsible for war crimes would have made an error of law by implementing this simplified procedure. They therefore believe that an indefinite suspension of the proceedings is necessary because of Félicien Kabuga’s inability to stand trial.
This case raises many questions about the judicial future of Félicien Kabuga and the importance of guaranteeing a fair trial while taking into account his mental health. The sequence of events will therefore be crucial in determining whether this alleged financier of the Rwandan genocide can one day be tried or if he will eventually be released