The umbrella organisation of genocide survivors in Rwanda (Ibuka) has expressed concern about the work of the Mechanism for International Criminal Tribunals (MICT) in trying cases of perpetrators of the 1994 Genocide against the Tutsi.

Ibuka accuses the tribunal of underperforming in its mandate and failing to deliver tangible results despite the numerous cases presented to the court.

“The institution has failed to deliver and we have not seen any tangible results since its establishment. They were supposed to arrest people like Félicien Kabuga and Protais Mpiranya, but nothing has changed,” said Ahishakiye Naphtali, the secretary-general of Ibuka.

He added that even in those cases where sentences were pronounced, the tribunal ordered lesser sentences for convicts.

“The tribunal does not consult with other relevant institutions or the prosecution,” said Mr Ahishakiye.

Criticism

The tribunal took over from the International Criminal Tribunal for Rwanda when its mandate ended, but its work has faced a lot of criticism especially because of acquitting — on appeal — several high-profile genocide suspects, and granting convicts early release.

According to Mr Ahishakiye, the biggest setback in trying these genocide cases has been the appointment of judge Theodor Meron, an American who was elected to be at the helm of the tribunal.

“Having judge Meron at the helm of the new tribunal has greatly undermined progress,” he said.

Mr Ahishakiye said Ibuka recommends replacing judge Meron with a different judge.

“He is seeking an extension of his mandate, but it shouldn’t be given to him,” he adds.

Before his appointment as president of MICT, judge Meron headed the Appeals Chamber for both the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for former Yugoslavia.

Among the most contested decisions by judge Meron is the reversal of a life sentence that had been rendered by the International Criminal Tribunal for Rwanda to avowed genocide mastermind Col Théoneste Bagosora. He reduced the life sentence to 35 years, and acquitted — on appeal — several former cabinet ministers.

In 2016, judge Meron granted Ferdinand Nahimana early release based on good conduct. He is the co-founder of hate broadcaster Radio Television des Mille Collines.

Ibuka said that it is frightening that the judge is either releasing architects of the genocide or reducing their sentences.

Major sticking points

The president of MICT is the most senior judge of the Chambers and is appointed by the UN Secretary-General in consultation with the president of the Security Council and the MICT judges.

Failure to arrest suspected ringleaders of the genocide like Félicien Kabuga, Augustin Bizimana and Protais Mpiranya, remains a major sticking point for MICT.

Observers also accuse the tribunal of failing to order France to hand two suspects — priest Wenceslas Munyeshyaka and former prefect Laurent Bucyabaruta — for trial in Arusha.

The two cases were referred to France by the International Criminal Tribunal for Rwanda over a decade ago under its completion strategy but France has done nothing to bring the suspects to book.

The accusations of failure by MICT come as over 200 remains of people who were killed in the 1994 Genocide against the Tutsi were discovered in four mass graves in a village in Rusororo, in the outskirts of Kigali.

The managing director of Kigali Memorial Centre Gatera Honore said the bodies found in Rusororo will not be the last ones dug up.