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Rwanda

Wenceslas M. [CASE DISMISSED]

Type of liability
Personne physique

Alleged perpetrator(s)
Wenceslas M.

Nationality of alleged perpetrator(s)
Rwandan

Legal classification of crime(s)
Genocide
Crimes against humanity
Criminal conspiracy

Source of the complaint
NGO
Victims

Ongoing proceedings
non

Regime
1 - TPIY/TPIR

Summary of facts

Between April and May 1994, Father Wencelas M., former head of the Sainte-Famille parish in Kigali, allegedly contributed to the genocide carried out against the Tutsi by Hutu extremist militias and members of the Rwandan Armed Forces.

He is accused of having been involved in the mass executions that took place on April 17 and 22, 1994 in the parish of Sainte-Famille.

He allegedly took part on several occasions in the selection of Tutsi refugees chosen to be massacred, allegedly let them die of thirst, allegedly denounced to the authorities those trying to help them, and allegedly raped several women.

After leaving Rwanda, he became a priest in France.

Amnesty International France recalls that everyone is presumed innocent until proven guilty according to law.

Legal proceedings

<p>July 12, 1995: The CPCR, Survie, LICRA and individual victims file a complaint against Wenceslas M.<br />
July 25, 1995: A judicial investigation is opened in Privas.<br />
July 28, 1995: He is arrested in Bourg Saint Andéol, where he exercises his ministry.<br />
August 10, 1995: The Nîmes Court of Appeal orders his release.<br />
March 20, 1996: The Nîmes Court of Appeal rules that France does not have jurisdiction to try crimes committed abroad, against foreigners, by foreigners (universal jurisdiction law).<br />
January 2, 1998: The Criminal Chamber of the Court of Cassation quashes the decision of the Nîmes Court of Appeal and orders the resumption of the proceedings.<br />
June 23, 1999: The Paris Court of Appeal extends the jurisdiction of the French judges to genocide and crimes against humanity.<br />
June 8, 2004: The European Court of Human Rights finds against France for its delay in administering justice in the Wenceslas M. case (Mutimura judgment).<br />
2006: Wenceslas M. is tried in absentia in Rwanda and sentenced to life imprisonment.<br />
July 20, 2007: He is arrested, at the same time as Laurent B.<br />
August 1, 2007: The Paris Court of Appeal releases him in the name of the presumption of innocence.<br />
September 5, 2007: He is arrested again.<br />
September 19, 2007: He is released and placed under judicial supervision.<br />
November 20, 2007: The ICTR withdraws the extradition request (as for Laurent B.) but requires that he be tried in France. Two Paris law firms are appointed to report on the progress of the proceedings. Faced with the inertia of the French justice system, the ICTR threatens to take the case back.<br />
October 5, 2015: A dismissal order is issued. The CPCR appeals.<br />
November 8, 2017: The appeal hearing on the dismissal order is postponed to January 31, 2018.<br />
January 31, 2018: The appeal hearing on the dismissal order is held.<br />
June 21, 2018: The Paris Court of Appeal upholds the dismissal order. The civil parties appeal to the Court of Cassation.<br />
October 30, 2019: The appeal to the Court of Cassation is dismissed. The dismissal is upheld.</p>

Complaint

oui

Names of NGOs / Victim(s)

CPCR
Survie
LICRA

Legal basis for jurisdiction (article)

Law No. 96-432 of May 22, 1996

Court of Assizes judgment

n/a

Court of Appeal ruling

n/a

Court of Cassation ruling

n/a

Sources

Arrêt du 6 janvier 1998

International Criminal Tribunal for Rwanda, Le Procureur c. Wenceslas Munyeshyaka, 2005

Le Monde, "Génocide des Tutsi : non-lieu confirmé pour le prêtre rwandais Wencesclas Munyeshyaka", 2018

CPCR, "Affaire Wenceslas Munyeshyaka: la Cour d'appel de Paris confirme l'ordonnance de non-lieu", 2018

Survie, « Nos actions judiciaires concernant le génocide des Tutsis au Rwanda », 2019

Le Figaro, "Génocide rwandais: la Cour de cassation valide le non-lieu pour le prêtre Munyeshyaka", 2019