LAST CHANCE OF
JUSTICE FOR A
PRIEST’S VICTIMS
Wenceslas Munyeshyaka
Context
Pending proceedings in France
against a Rwandan priest for crimes
committed during the 1994 genocide
in Rwanda
Facts
Wenceslas Munyeshyaka was the
former head of the Sainte-Famille
parish in Kigali. He is accused of
being involved in the mass executions
that took place on 17 and 22 April 1994
in the Sainte-Famille parish. He is
suspected of repeatedly participating
in the selection of Tutsi refugees to
be murdered, of leaving them to die of
thirst, of reporting to the authorities
those who tried to help them, and of
raping several women. After leaving
Rwanda, he became a priest in France.
Suspect
Procedure before
the International
Criminal Tribunal for
Country of residence Rwanda
of suspect
On 20 July 2005, the International
Former head of the Sainte-Famille
parish in Kigali
France
Charges
Complicity in genocide, crimes against
humanity and torture
Developments in
2018
Following a hearing in January 2018,
on 21 June 2018, the Investigation
Chamber of the Court of Appeal in
Paris (Chambre de l’instruction de
la Cour d’Appel de Paris) confirmed
the dismissal of the case against
Wenceslas Munyeshyaka.
The civil parties appealed against the
dismissal of the case to the French
Supreme Court (Cour de Cassation).
Current status
Case dismissed; last recourse ongoing
Criminal Tribunal for Rwanda (ICTR)
indicted Wenceslas Munyeshyaka for
genocide and crimes against humanity
including rape, extermination and
murder. In 2007, the ICTR issued
an arrest warrant requesting that
the French government arrest him.
Finally, on 20 November 2007, the
ICTR referred the case to the French
authorities.
Procedure in France
On 12 July 1995, a complaint was
filed against Wenceslas Munyeshyaka
by several French associations (the
“Collectif des Parties Civiles pour le
Rwanda”, Survie, LICRA), as well as
individual plaintiffs. On 25 July 1995,
an investigation was opened into
genocide, crimes against humanity,
and torture. The FIDH and its French
member organization, the Ligue des
Droits de l’Homme (LDH), joined the
case as civil parties in 2005.
On 8 June 2004, almost 10 years after
the investigation opened, the European
Court of Human Rights condemned
France for exceeding reasonable time
requirements.
37
In parallel, Wenceslas Munyeshyaka
was tried in absentia in Rwanda and
sentenced to life imprisonment in
2006.
Proceedings resumed when the case
was transferred in January 2012 to
the French specialized unit for the
prosecution of genocide, crimes
against humanity, war crimes and
torture within the Paris High Court
(hereinafter “the specialized unit”).
On 19 August 2015, the prosecutor
of the specialized unit requested
a dismissal of the case against
Wenceslas Munyeshyaka. On 2
October 2015, the investigative judges
dismissed the proceedings against
him. The civil parties appealed this
decision.
On 8 November 2017, the Investigation
Chamber of the Court of Appeal in
Paris postponed the appeal hearing
to 31 January 2018, following the
dismissal of the case on 2 October
2015 by the investigative judges, in
order to review the petitions submitted
by the civil parties.
On 22 June 2018, the Investigation
Chamber of the Court of Appeal in
Paris issued a decision upholding the
dismissal of the case. The civil parties
have appealed against this decision to
the French Supreme Court (Cour de
Cassation).
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