The family of Félicien Kabuga, who was prosecuted for his significant role in the 1994 Genocide against the Tutsi, continues to insist on his provisional release and transfer to France.
His son, Donatien Kabuga, argues that sending him to France would be the most reasonable decision, since his children live there and could provide him with the necessary care.
“The logical thing is to send our father to a country where his children are present, so they can look after him because he needs assistance,” he said.
France is where Kabuga had lived in hiding from justice until 2020, when he was arrested by security forces. He was later transferred to the United Nations detention facility in The Hague, Netherlands, to stand trial.
In 2023, the International Residual Mechanism for Criminal Tribunals (IRMCT) ruled that he was unfit to stand trial due to ill health. Judges under Presiding Judge Graciela Gati Santana decided that Kabuga would be provisionally released if a country agreed to host him and if he himself accepted to go there.
Rwanda expressed willingness to host Kabuga and assured the tribunal that his rights would be respected. However, Kabuga, his lawyers, and his family have rejected the idea of his transfer to Kigali.
Release Still Unlikely
On September 9, 2025, the IRMCT Prosecution argued that all European countries Kabuga had requested to go to had refused him entry, leaving Rwanda as the only viable option.
The Office of the Prosecutor, led by Serge Brammertz, also reminded the judges that the Netherlands, where the UN detention facility is located, had pledged not to allow Kabuga to live freely on its territory.
In May 2025, debates over his provisional release were held at the IRMCT. Judge Carmel Agius emphasized the complexity of granting Kabuga such release.
“Even though the defense is doing everything possible to obtain provisional release, we do not know when this could happen in the near future. The trial chamber maintains that granting such release is far from easy at this point,” Judge Agius stated.
On September 9, a three-judge panel led by Ian Bonomy reviewed the Prosecution’s request to transfer Kabuga to Rwanda but has not yet delivered a ruling.
Earlier in May, Judge Agius had also underlined that since Kabuga and his legal team reject his transfer to Rwanda, the IRMCT does not have the authority to order it unilaterally.
Kabuga’s refusal to go to Rwanda, combined with the rejection from the Netherlands and other European states, shows that his provisional release remains as distant as the moon.
Author: Justinmind HARERIMANA
