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Genocide of the Tutsi in Rwanda: "These are extraordinary trials, extremely complex to organise"
Within the National Anti-Terrorist Prosecutor's Office in France, the unit for the fight against crimes against humanity and war crimes offenses is in charge of cases similar to that of Sosthène Munyemana, whose appearance began Tuesday before the Paris Assize Court. The former Rwandan doctor is being prosecuted for genocide and crimes against humanity, accused of participating in the 1994 massacres. Sophie Havard is the first deputy prosecutor and head of this unit.
Inside the Kigali Genocide Memorial, April 5, 2014. REUTERS/Noor Khamis
By: Laura Martel
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RFI: While only three people have been definitively convicted nearly 20 years after the first trial in France, what is the status of the proceedings concerning the genocide in Rwanda?
Sophie Havard: For Rwanda, we still have about forty procedures. We had two indictments and pre-trial detention in July and September of two Rwandan nationals in different proceedings. Between 2011 and 2019, we were able to hear two cases, one at first instance and one on appeal. But since the end of 2021, there has really been an acceleration in the trial effort since four trials have been held. Three concerned the genocide of the Tutsi in Rwanda in 1994, and one concerned crimes committed in Liberia, also in 1994.
As you know, these are extraordinary trials, extremely complex to organize. You have an exceptional number of witnesses, experts and civil parties who are called upon to testify before the court. Today, we can say that France is a country that regularly judges international crimes and we can rejoice in that.
Sosthène Munyemana arrived in France at the end of 1994. The complaint against him dates back to 1995. He was tried 28 years later. Beyond his personal case, why can these defendants live so long in France without being worried?
It can take time to identify the perpetrators, who may be a barrier to their identification. And then there's the complexity of investigations. But the question of the time limits for the investigation and the judgment is obviously crucial. And it is becoming more and more acute in these proceedings since the facts took place almost 30 years ago. In the absence of sufficient resources to carry out everything at the same time, we have endeavoured, since the creation of the National Anti-Terrorist Prosecutor's Office, to carry out the procedures for which a trial procedure can be rendered. It is extremely difficult to prioritise, to prioritise the unbearable that we have to face in these proceedings that concern international crimes, but we have to make choices. One of the main prioritization factors is the fact that a person is remanded in custody.
These are crimes that are far away, both in space and time. What are your means of investigation and how reliable can the evidence be?
We work with specialized investigators from the Central Office for Combating Crimes Against Humanity. These investigators carry out missions within the framework of the cooperation that has been established in Rwanda, usually two or three missions per year, which allows a large number of witnesses to be heard on the spot. There are difficulties that add up: the age of the facts, which is likely to lead to the disappearance of a certain amount of evidence, testimonial evidence, particularly with the death of people. There is also remoteness, which does not favour access to crime scenes, but also geopolitical instability, even war situations that make the preservation of evidence extremely complex. Finally, another difficulty lies in the concealment or opposition of certain States, which prevents any cooperation.
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