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A district judge ruled yesterday that there was no legal reason to delay the extradition of four Rwandans to their own country to answer charges that they played leading roles in genocide.The men slipped into Britain under false identities after the backlash to the violence in which about 800,000 people, mostly Tutsis, were killed by rival Hutus over 100 days in 1994.
Vincent Bajinya, 46, accused of being a “category one” offender, changed his name to Dr Brown and became a British citizen, working for an East London charity helping refugees. He faces charges of organising the militia in Kigali, the Rwandan capital.
After a six-month hearing, District Judge Anthony Evans placed the matter with Jacqui Smith, the Home Secretary, in a 129-page judgment, which makes Britain less of a haven for those believed to have followed the same path.
He told the four men in the dock at Westminster Magistrates' Court: “The enormity of the scale of the killings in the genocide and the prosecution of those involved would not be appropriately dealt with in any other jurisdiction other than which was established for that purpose.”
The Home Office has already stated that those suspected of the genocide should answer charges in Rwanda.
The men were arrested in London, Manchester, Essex and Bedfordshire in December 2006 under a memorandum of understanding in which Rwanda waived the death penalty to become a temporary extradition partner with Britain.
Dr Bajinya, who settled in Islington, North London, changed his name by deed poll to Dr Vincent Brown on becoming a British citizen. He is said to have been a member of the governing MRND party and present at a meeting in 1993 where the anti-Tutsi “Hutu Power” movement was born.
James Lewis, QC, representing the Rwanda Government, told the court: “He played a high-profile role in that meeting ... The primary purpose of that meeting was to encourage Hutus to dissociate themselves from the enemy.” He is said to have later been a leader of the Interahamwe militia, which led the slaughter.
Dr Bajinya is accused of leading a party to a house where a Tutsi woman was taking refuge with her two-month-old baby. After the baby was killed Dr Bajinya is said to have questioned the woman before a militia man shot her.
Emmanuel Nteziryayo, 44, a father of five, was bourgmestre, or mayor, of the Mudasomwa commune at the time of the genocide. He gave a false name to immigration officials when he sought asylum in Britain and had been living on benefits in housing association accommodation in Wythenshawe, Greater Manchester. Charles Munyaneza, 49, of Bedford, and Celestin Ugirashebuja, 53, of Walton-on-the-Naze, Essex, were also said to be bourgmestres.
Mr Lewis claimed that Mr Munyaneza had organised the training of the Interahamwe militia to participate in the systematic massacre of the Tutsis and in a number of public speeches to spread the message that Tutsis must be killed.
The four, who are being held in Belmarsh prison, are accused of genocide, conspiracy to commit genocide and crimes against humanity. They deny the charges and are expected to continue their legal fight against extradition and could appeal to the High Court and the House of Lords.
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I think Brians question is really what the hell is any body doing in England living of the taxpayer!
That is the real farce!
Hang them from the nearest tree and have done with it.
And learn the lesson, im sick of all these do gooders ruining our country by letting scum in no questions ask
sam strange, London, england
They are not humans, they should not deserve to even have a court hearing, they should be send back to rwanda where the families of the victims and the victims should decide what to do with them.......
John , Fiji , Nadi
We have become the dirty haven of the world's mass murderers and terrorists. The refusal to extradite to any country with the death penalty is ludicrous. These countries have the right to deal with these crimes under their own legal system.
Ros, Surrey,
"Four accused of Tutsi genocide should be returned to Rwanda" - too right they should!
...And what the hell are they doing here in the first place?
What a farce!
Brian Clacey, Croydon, UK
Cripes! Why don't they claim that their lives/liberties will be endangered if they are forced to return. Seems to work for all the other putative criminals who seek refuge in the UK.
Bill Q, Derby,
There should be no question to transfer the Suspects of Genocide back to Rwanda, it is the Rwandan who suffered from those crimes, and it is imperative that they see Justice served in their Homeland.This should serve as a lesson to anyone still conspiring to commit Genocide against any tribe.
Desire-Joseph Katihabwa, London, UK
If they used false names to get into this country, then send them back. Why has it taken 6 months just to get this far? We should have got shot of them 51/2 months ago.
Susan, Barry, S Wales