IN a landmark ruling, the Dutch Supreme Court has decided against extraditing Pierre-Claver Karangwa, an opposition politician facing charges of genocide and crimes against humanity related to the 1994 Rwandan genocide. The court cited concerns over the guarantee of a fair trial as the reason behind its decision.
The Supreme Court upheld a previous ruling from November of the previous year, which stated that extraditing Karangwa to Rwanda would pose a ‘flagrant infringement of the right to a fair trial.’ The lower court had taken into consideration Karangwa’s status as an opposition politician in reaching its decision.
The Dutch authorities, who have previously extradited three Rwandan genocide suspects to face trial in Kigali since 2016, appealed against the ruling. However, their appeal was ultimately rejected by the Supreme Court.
Karangwa, a former military official in his sixties, stands accused of playing a significant role in the massacres that took place in the Mugina parish near the Rwandan capital of Kigali in April 1994. The atrocities resulted in the deaths of nearly 30,000 Tutsis.
The Rwandan genocide saw the loss of an estimated 800,000 lives, predominantly ethnic Tutsis and Hutu moderates. The systematic genocide was orchestrated by an extremist Hutu regime and carried out by local officials and ordinary citizens in the highly hierarchical society.
In addition to the extradition ruling, Karangwa has already had his Dutch nationality revoked due to the genocide accusations. As a result, he finds himself in a legal limbo, where he is not officially wanted in the Netherlands but cannot be extradited to Rwanda for trial.