Can genocide defendants return to court?

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Fulgence Kayishema, a former police officer and one of the most wanted suspects in Rwanda’s genocide, appeared in a court in Cape Town, South Africa, for the second time on June 2nd. He is accused of orchestrating the killing of around 2,000 people during the genocide nearly thirty years ago. The court adjourned the case until June 9th.

According to the spokesperson of the National Prosecuting Authority (NPA), Eric Ntabazalila, Kayishema currently faces at least 14 charges, with the possibility of more charges being added. During the adjournment, the state plans to review files to compile a more comprehensive charge sheet.

Initially using the false name Donatien Nibashumba, Kayishema applied for asylum in South Africa in January 2000, claiming to be a citizen of Burundi. He was arrested on May 24th at a grape farm in Paarl, a town located 60 kilometers (35 miles) north of Cape Town.

One of the bloodiest episodes in the genocide involved Kayishema and others allegedly participating in the slaughter of more than 2,000 men, women, and children who had sought refuge in a church.

Naphtali Ahishakiye, the executive secretary of Ibuka, an association of genocide survivors, has called for Kayishema’s repatriation to Rwanda to face trial. Ahishakiye emphasizes the importance of bringing the suspect to justice quickly, allowing the victims and survivors to follow the trial.

Kayishema’s lawyer, Juan Smuts, stated that his client is currently calm and composed, awaiting extradition documentation indicating the country seeking to extradite him. In a recent court appearance, Kayishema, wearing a blue jacket, black trousers, and spectacles, denied any involvement in the massacre when questioned by a local journalist.

During the Rwanda genocide, which lasted for 100 days, approximately 800,000 Rwandans, mostly ethnic Tutsis, were killed by Hutu extremists. Kayishema was indicted by the United Nations’ International Criminal Tribunal for Rwanda and charged with genocide, complicity in genocide, conspiracy to commit genocide, and crimes against humanity related to the killings and other crimes committed during the genocide.

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