Two leading officials of the Arusha-based tribunal expressed optimism that Rwanda, a country that is quickly emerging from years of judicial ineptness and misrule has the capacity to conduct fair trials.

"Rwanda is the only country in the world with the experience in trying genocide cases. It has so far handled over 5000 cases related to the 1994 genocide. Rwanda’s judicial system has the necessary legal requisite that guarantees a fair trial and witness protection", International Criminal Tribunal for Rwanda (ICTR) prosecution spokesman Tim Gallimore said.

$31-million to complete a single case
 
The thirteen-year old Arusha-based tribunal has to content with one of its major nightmare. The tribunal operates a staggering budget of $1-billion (around R7-billion). It  spends $31-million to complete a single case.

Despite the huge budget, the tribunal’s senior legal adviser, Roland Kouassi Amoussouga insists that the ICTR has achieved a lot.

"Thanks to the ICTR, we have achieved a lot: 80% of those behind the 1994 genocide in Rwanda have been arrested. At least 14 of 19 cabinet ministers who served in the Rwandan government at the time of the genocide have been tried”, Amoussouga told the Africa Interactive in Nairobi.

Key suspect remains at large

What continues to haunt the credibility and ultimate success of the ICTR is the failure to apprehend one of its key suspects wanted for financing the genocide. According to a document from the ICTR, at least 18 suspects remain at large.

Last year, the tribunal’s chief prosecutor Hassan Bubacar Jallow accused Kenya for harboring ICTR’s most wanted fugitive Felicien Kabuga. Kenyan authorities denied the accusations and have since declared Kabuga as a ‘dangerous criminal’ wanted for genocide. In a paid up advertisement published in the local dailies,  Kenya police warned that Kabuga is wanted for genocide and appealed for any information that would lead to his arrest.

According to sources close to the ICTR tracking unit, the fugitive is still in Kenya six months after the European Union mission in Nairobi and the ICTR chief prosecutor stepped up pressure on the Kenyan government to give up the fugitive.

The Rwandan fugitive millionaire wanted for financing the genocide is believed to be enjoying protection from senior officials of the former regime of president Moi and close allies of the NARC government of president Kibaki. Kabuga is said to be thriving in the back ground of corruption and ineptness of the state security to deal with cross-boarder security.

The ICTR has warned that no one accused of the genocide will walk free even after the completion strategy is finalized.

Endless Trial
 
The ICTR is also handling one of its longest trial commonly known as the ‘Butare trial’. The trial has already lasted for six years and is still on going.The tribunal is faced with a backlog of 27 prosecutions that should be completed before it officially closes its operations and the remaining cases will be referred to the national jurisdiction.

Rwanda keen on judging suspects

Rwanda is currently undertaking judicial and constitutional reforms that are aimed at abolishing the use of death penalty in all capital offenses. The provisions by the highest house of representatives to abolish the death penalty has been viewed as the main reason why Rwanda’s  judicial system has been totted for possible transfer of cases.
The ICTR is currently undertaking diplomatic negotiation with Ghana, Togo and Benin with a view of seeking collaboration in judicial matters.

The acquitted cost money

A source close to the ICTR confirmed to Africa Interactive that the tribunal is finding it difficult to host suspects who have been acquitted and those who have completed sentence since they are not welcome anywhere.

The source said that it has become expensive for the ICTR to continue hosting the group. The tribunal has no strategic plan on dealing with the huge numbers of those who might be acquitted or those completing sentences.