Genocide against Tutsi: Towards an unprecedented judicial procedure for Félicien .

Félicien Kabuga is declared unfit to stand trial, according to a decision issued Tuesday night by the judges of the UN mechanism in charge of the last cases of the International Criminal Tribunal for Rwanda. By Stéphanie Maupas

At least 87 years old, the former Rwandan businessman accused of genocide and crimes against humanity suffers from dementia. But he will not be released. What will happen to him now?

Félicien Kabuga will remain incarcerated in Scheveningen prison where he has resided since his arrival in The Hague in October 2020.

If his lawyers do not appeal the judges’ decision, then the case could resume in the coming weeks. The prosecutor will continue to present his evidence. For their part, Félicien Kabuga’s lawyers will remain court-appointed. They will have the opportunity to present their own witnesses. But declared unfit, will the accused be able to instruct his lawyers? The judges’ decision says nothing on this point.

A trial without trial

The case will therefore look like a trial, without really being a trial. Because at the end of this procedure, the judges will not be able to pronounce a guilty verdict. They will only be able to establish the facts for which Félicien Kabuga is being prosecuted and pronounce on his role.

In their decision, the judges claim to have created this unprecedented procedure for “victims” and for “peacekeeping in Rwanda”.