A stalemate looms between Rwanda and the United Nations High Commission for Refugees over the now complicated extradition of the renegade Lt Joel Mutabazi from Uganda.

The two sides have disagreed about the legal status of the fugitive’s continued stay in Uganda where he sought asylum. UNHCR is accusing the Ugandan Police of doing little to protect refugees.

Both the Uganda and Rwanda police have maintained that there is no breach of international law in trying to extradite Mutabazi.

Lt Mutabazi, a former soldier in Rwanda fled to Uganda alleging persecution from government but according to the arrest warrants, he fled his country after a bank robbery in which he was allegedly involved.

The office of the Prime Minister of Uganda under whose protection he now is, dismissed the robbery claims as a mere smokescreen for his continued persecution.

“It makes no sense to  issue the arrest warrant now when Mutabazi has been in the country for more than three years and Rwanda knew where he was all those years,” said Douglas Asiimwe, a senior refugee officer in the office of the prime minister (OPM).

The OPM maintains that Lt Mutabazi is not an ordinary person but a refugee whose life is in danger after his assassination attempt. The case is registered with Kasangati Police Station.

To avoid more assassination and extradition attempts, UNHCR plans to transfer the fugitive to another country.

“The manner in which Rwanda tried to take him back is not credible. There are laws that govern extraditing a person which were not followed and police should always take due diligence,” added Mr Asiimwe.

Rwanda is within law to extradite Lt Mutabazi if it can prove that he is a criminal. Mutabazi acquired refugee status after convincing authorities that he was politically persecuted by the Kigali government.  

Superintendent Theos Badege, the Rwanda national police spokesperson, said that attempt to arrest the fugitive failed last week, but he should know that the arrest warrant still stands.

“We shall continue to use international legal tools to see him extradited and nobody should block the administration of international justice,” said Mr Badege.

The Uganda police say that although the arrest warrant still stands, the matter is out of their hands since it has been established that he is a refugee.

“Our hands are now tied since the law does not allow us to pursue his arrest anymore because he is protected by the prime minister’s office and UNHCR,” said Patrick Onyango, the deputy spokesperson of Uganda police.

For Rwanda to arrest the fugitive it needs to work with both the office of the prime minister of Uganda as well as UNHCR, the refugee agency.

Last week, UNHCR sent a strong protest note to the Ugandan government over the recent spate of abductions of refugees and asylum seekers and the assassination attempts on Lt Mutabazi by people who appear to be non-Ugandans.

The government of Rwanda denies the persecution claims by the former army officer instead accusing him and three of his colleagues of robbery.

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