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Rwanda

Laurent Bucyibaruta

Type of liability
Personne physique

Alleged perpetrator(s)
Laurent BUCYIBARUTA

Nationality of alleged perpetrator(s)
Rwandan

Legal classification of crime(s)
Genocide
Complicity in genocide
Complicity in crimes against humanity

Source of the complaint
NGO

Ongoing proceedings
non

Regime
1 - TPIY/TPIR

Summary of facts

Laurent Bucyibaruta was Prefect of Gikongoro and head of the prefectural committee of the Interahamwe movement. He allegedly participated in the genocide against the Tutsi in 1994.

In particular, he reportedly spoke at a public rally in 1993, encouraging the financing of weapons to fight the Tutsi enemy.

In addition, Laurent Bucyibaruta allegedly ordered, on several occasions, the soldiers, gendarmes, Interahamwe and armed civilians under his command to commit several massacres against the Tutsis.

Thus, several killings were reportedly organized and led by Laurent Bucyibaruta: on April 21, 1994, at the parishes of Cyanika and Kaduha; on April 22, 1994, at Gikongoro prison; on May 7, 1994, at the Kibeho girls’ school.

Furthermore, on April 10, 1994, Laurent Bucyibaruta allegedly used a megaphone to encourage the Tutsis to go to the Murambi Technical School, where he allegedly promised them food. The Tutsis who went to the school were killed on April 20 and 21, 1994, by gendarmes, police officers and armed civilians.

Laurent Buyibaruta fled to France in 1997.

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

Legal proceedings

<p>January 5, 2000: FIDH and Survie file a complaint.<br />
May 3, 2000: The Troyes public prosecutor questions Laurent Bucyibaruta and places him in pre-trial detention.<br />
May 30, 2000: Laurent Bucyibaruta is transferred to La Santé prison in pre-trial detention.<br />
December 20, 2000: He is released but remains under judicial supervision.<br />
June 16, 2005: The ICTR indicts Laurent Bucyibaruta for incitement to genocide, complicity in genocide, and crimes against humanity, including extermination, murder and rape.<br />
June 21, 2007: The ICTR issues an arrest warrant against Wenceslas Munyeshyaka, Laurent Bucyibaruta and Dominique Ntawukuriryayo.<br />
July 20, 2007: Laurent Bucyibaruta is arrested at his home in Reims, at the same time as Wenceslas Munyeshyaka.<br />
August 1, 2007: The Paris Court of Appeal releases him in the name of the presumption of innocence.<br />
August 14, 2007: The ICTR issues a new arrest warrant.<br />
September 5, 2007: Laurent Bucyibaruta is arrested again and placed under judicial surveillance.<br />
September 19, 2007: He is released and placed under judicial supervision.<br />
November 21, 2007: The ICTR withdraws its extradition request (as for Wenceslas Munyeshyaka) but requires that he be tried in France. Two Paris law firms are appointed to report on the progress of the proceedings. In view of the inaction of the French justice system, the ICTR threatens to take the case back.<br />
May 9, 2017: The judicial investigation is closed.<br />
October 4, 2018: The final submissions of the prosecution are issued, seeking a partial dismissal and committal to the Assize Court on charges of genocide and crimes against humanity.<br />
December 24, 2018: An indictment order committing the case to the Assize Court is issued for “complicity in genocide” and “complicity in crimes against humanity”. Bucyibaruta appeals. The hearing, initially scheduled for May 13, 2020, is postponed to October 7, 2020.<br />
October 7, 2020: The hearing is held before the Paris Court of Appeal following the appeals lodged by the defendants and the civil parties against the referral of the case to the Paris Criminal Court.<br />
January 21, 2021: The Paris Court of Appeal upholds the committal to the Assize Court, no longer on the basis of complicity but of the direct commission of certain acts, and on other grounds not initially retained by the investigating judge.<br />
April 14, 2021: The appeal to the Court of Cassation is dismissed.<br />
May 9, 2022: Laurent Bucyibaruta is conditionally released so as to appear before the court as a free man.<br />
From May 9 to July 12, 2022: The trial is held before the Paris Assize Court.<br />
July 12, 2022: Laurent Bucyibaruta is acquitted as a direct perpetrator of genocide and crimes against humanity. He is found guilty of “complicity in genocide” and “complicity in crimes against humanity”. Laurent Bucyibaruta is sentenced to 20 years in prison and is detained again at the end of the trial.<br />
July 20, 2022: The defense and the Public Prosecutor’s Office appeal.<br />
December 2023: Laurent Bucyibaruta dies.<br />
March 4, 2024: The Assize Court of Appeal records his death and declares the public prosecution extinguished. The victims are still awaiting reparation.</p>

Complaint

oui

Names of NGOs / Victim(s)

FIDH
LDH
Survie
CPCR

Legal basis for jurisdiction (article)

Law No. 96-432 of May 22, 1996

Court of Assizes judgment

The Paris Assize Court sentenced Laurent Bucyibaruta to 20 years' imprisonment on July 13, 2022.

https://www.ibuka-france.org/wp-content/uploads/2022/07/Feuille-de-motivation-BUCYIBARUTAVdef.pdf

Court of Appeal ruling

n/a

Court of Cassation ruling

n/a

Sources

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

Libération, « Procès du préfet rwandais à Paris: Laurent Bucyibaruta condamné à vingt ans pour complicité de génocide », 2022

TV5 Monde, « Génocide des Tutsi au Rwanda : Laurent Bucyibaruta condamné à 20 ans de prison », 2022

CPCR, « Laurent Bucyibaruta fait appel de sa condamnation », 2022

Survie, « Rwanda : Survie salue la condamnation de l’ancien préfet Laurent Bucyibaruta. Mais le temps presse pour que la justice française accomplisse son devoir », 2022

TRIAL International, « Universal Jurisdiction Annual Review 2023 », 2023