Title: The complexity of the trial of former Rwandan officials for crimes of genocide in Belgium is increasing
Introduction :
The trial of Pierre Basabose and Séraphin Twahirwa, two former Rwandan officials accused of genocide crimes in 1994, faces new obstacles due to the health problems of one of the accused, Pierre Basabose. While the mental disorders of Félicien Kabuga, another alleged genocide perpetrator, have already affected the judicial proceedings, debates on Pierre Basabose’s capacity to attend his trial have once again taken place at the Brussels Assize Court.
The Mental Health Dilemma:
In 2021, experts appointed by the investigating judge diagnosed that Pierre Basabose suffered from dementia and was incapable of discernment. His defense then argued that the charges were inadmissible, arguing that he was not able to attend his trial. Despite this, Pierre Basabose was sent back to court. However, the question of his ability to participate in the trial arose again when he failed to appear at the opening of proceedings last week, being hospitalized with a skin infection.
The decision to continue the trial:
Faced with this situation, the question arises whether the trial can continue. The public prosecutor responded in the affirmative, citing various case law and the importance of such a procedure for the victims and society in general. The prosecutor stressed that Pierre Basabose was still lucid during his arrest, the choice of his lawyer and his first hearings. The civil parties, for their part, argued in favor of separating the files of the two accused in order to allow the trial to continue with only Séraphin Twahirwa, in order to prevent any challenge to the legitimacy of the process later. Finally, the president of the Assize Court ruled in favor of the continuity of the procedure, with the presence of Pierre Basabose’s lawyer, Maître Jean Flamme, who agreed to represent him in his absence and who pleads the acquittal.
Conclusion :
The trial of former Rwandan officials for genocide crimes in Belgium faces new challenges due to the mental health problems of one of the accused. While debates over Pierre Basabose’s ability to attend his trial continue, the decision to continue the proceedings with the accused’s lawyer in his absence was taken. This case raises important questions about justice and the ability of courts to prosecute those responsible for crimes of genocide, even in the face of mental health problems.