Recent news highlights the trial in Belgium of two former Rwandan officials, Seraphin Twahirwa and Pierre Basabose, accused of genocide crimes dating back to 1994. However, this trial faces many obstacles, notably due to health problems mental health of one of the accused.
Pierre Basabose, aged 76, suffers from dementia, which makes his discernment impossible. His lawyers thus pleaded the inadmissibility of the proceedings, arguing that he is not fit to stand trial. Despite this, he was sent back to court. However, when the proceedings opened, Basabose was absent, having been hospitalized with a skin infection and his mental state having further deteriorated.
Faced with this situation, the question arises whether the trial can continue. The public prosecutor says yes, referring to different case law and emphasizing the importance of this procedure for victims and society in general. The civil parties, for their part, argue in favor of separating the files of the two accused in order to continue the trial with only Seraphin Twahirwa, to avoid any questioning of the legitimacy of the judicial process a posteriori.
Finally, the president of the Assize Court ruled by deciding that the trial could continue, with the presence of Pierre Basabose’s lawyer who represents him in his absence and pleads for his acquittal.
This case highlights the challenges courts face when trying crimes of genocide after many years. Defendants’ mental health issues can delay and complicate legal proceedings, adding a complex dimension to these cases.
It is crucial that trials of suspected genocidaires take place fairly and with respect for the rights of victims, while ensuring the health and well-being of the accused. A delicate balance must be struck so that justice is done and those responsible for these atrocities are held to account for their actions.
It will be interesting to follow the evolution of this trial and to see how the Belgian justice system manages these delicate issues linked to the mental health of the accused in cases of this scale.