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Rwanda

Pascal Simbikangwa

Type of liability
Personne physique

Alleged perpetrator(s)
Pascal SIMBIKANGWA

Nationality of alleged perpetrator(s)
Rwandan

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

Source of the complaint
NGO

Ongoing proceedings
non

Regime
1 - TPIY/TPIR

Summary of facts

Pascal Simbikangwa worked at Rwanda’s Central Intelligence Service.

In 1993, the International Commission of Inquiry into Human Rights Violations in Rwanda found that Pascal Simbikangwa had allegedly been involved in massacres, killings and several instances of persecution of opposition parties organized by the Rwandan president’s entourage.

In particular, he allegedly supplied Hutu extremist officers or militiamen with weapons and other equipment, was allegedly responsible for roadblocks in the capital, and allegedly instructed and encouraged the militiamen to actively participate in the crimes.

After the conflict, he stayed in the Comoros and left for Mayotte in 2005 under a false identity.

Legal proceedings

<p>March 3, 2008: Rwanda issues an indictment and requests his extradition.<br />
May 30, 2008: OFPRA refuses Pascal Simbikangwa refugee status.<br />
October 28, 2008: He is arrested in Mayotte for trafficking in forged documents, under the false identity of “Safari Senyamuhara.”<br />
October 31, 2008: He is placed in pre-trial detention.<br />
November 14, 2008: The Mamoudzou Higher Court of Appeal (Mayotte) refuses his extradition to Rwanda but keeps him in pre-trial detention for illegal residence as part of an organized gang and forgery of administrative documents.<br />
February 13, 2009: The CPCR files a complaint for “genocide” and “crimes against humanity.”<br />
March 2, 2009: The National Court of Asylum (CNDA) upholds the refusal of refugee status.<br />
April 9, 2009: A judicial investigation is opened on charges of “crimes against humanity” and “genocide.”<br />
April 16, 2009: Pascal Simbikangwa is indicted.<br />
April 30, 2009: The Mamoudzou Higher Court of Appeal (Mayotte) keeps him in pre-trial detention.<br />
June 3, 2009: The Mamoudzou investigating judge relinquishes the case, which is transferred to the Paris High Court.<br />
June 19, 2009: FIDH and LDH join as civil parties.<br />
July 3, 2009: Pascal Simbikangwa is transferred to the Saint-Denis Penitentiary Center in Réunion.<br />
November 18, 2009: Pascal Simbikangwa is transferred to Fresnes Prison in Paris.<br />
March 8, 2011: Pascal Simbikangwa is kept in pre-trial detention.<br />
March 1, 2013: The Prosecutor of the specialized unit for “crimes against humanity, war crimes and war offenses” requests that Pascal Simbikangwa be indicted for “complicity in genocide” and “complicity in crimes against humanity” committed in Rwanda between April and July 1994.<br />
March 29, 2013: An indictment order is issued. Pascal Simbikangwa is committed for trial before the Paris Assize Court.<br />
From February 4 to March 14, 2014: The trial of Pascal Simbikangwa takes place before the Paris Assize Court.<br />
March 14, 2014: The Paris Assize Court sentences Pascal Simbikangwa to 25 years in prison for “genocide” and “complicity in crimes against humanity.” The defense appeals.<br />
From October 25 to December 3, 2016: The appeal trial takes place before the Bobigny Assize Court.<br />
December 3, 2016: The Bobigny Assize Court upholds the 25-year prison sentence for “genocide” and “complicity in crimes against humanity.” The defense appeals to the Court of Cassation.<br />
May 24, 2018: The appeal to the Court of Cassation is dismissed.</p>

Legal issues

First trial in France relating to the genocide against the Tutsi

Complaint

oui

Names of NGOs / Victim(s)

CPCR
FIDH
LDH
LICRA
Survie

Legal basis for jurisdiction (article)

Law No. 96-432 of May 22, 1996

Court of Assizes judgment

By judgment of March 14, 2014, the Paris Assize Court found him guilty as principal perpetrator of the crime of genocide and as an accomplice to crimes against humanity in relation to the acts committed in Kigali between April and July 1994, and acquitted him both as perpetrator and as accomplice of the crimes of genocide and crimes against humanity in relation to the acts committed during the same period in the prefecture of Gisenyi. Pascal Simbikangwa was sentenced to 25 years' imprisonment.

http://cec.rwanda.free.fr/justice/Motivation-Simbikangwa.pdf

Court of Appeal ruling

The sentence of 25 years' imprisonment was upheld on appeal.

http://cec.rwanda.free.fr/justice/Motivation-Simbikangwa-2016-appel.pdf

Court of Cassation ruling

Pascal Simbikangwa's appeal to the Court of Cassation is dismissed.

Sources

CPCR, « Pascal Simbikangwa: Procès en appel à Bobigny », 2016

FIDH, « La condamnation de Pascal Simbikangwa confirmée en appel », 2016

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