Efforts to have genocide perpetrators extradited back to Rwanda to face trial suffered a major blow after France’s highest court blocked the extradition of three suspects last week.

The French Court of Cassation on Wednesday overturned a November Appeals court ruling approving the extradition of Claude Muhayimana and Innocent Musabyimana, saying that the two men could be tried in Paris.

READ: France to extradite suspect to Rwanda

In a similar development, the same court also upheld a September decision by another court rejecting the extradition of Col Laurent Serubuga, a former military officer in the previous regime wanted by Rwanda over the 1994 genocide against the Tutsi.

The two developments have been described as a major setback for Rwanda, which was gaining some ground in its bid to have genocide suspects in Europe, and beyond, sent back to Rwanda to be tried where they committed their crimes.

Rwanda’s Prosecutor General Richard Muhumuza told The EastAfrican that the recent French decision denying extradition of three suspected genocidaires is a “setback to Rwanda’s goal of prosecuting Rwandans, in Rwanda, currently residing in France, accused of genocide and related crimes.”

Mr Muhumuza, whose office has conducted a relentless pursuit of genocide suspects, said that France, which is currently prosecuting Capt Pascal Simbikangwa for the crimes he is alleged to have committed in Rwanda during the genocide, should go ahead and prosecute the three men if it cannot send them back to Rwanda.

“It must try the three suspects whose extradition to Rwanda has been denied. The refusal to extradite must not be synonymous with exoneration from the charges,” he said.

Kigali maintains that France’s actions are tantamount to entrenching impunity. Rwanda and France have had an uneasy relationship over the genocide and the events that led to it. Even in 2009, when the two countries had a rapprochement, the issue of genocide suspects remained an outstanding one.

The Rwandan government maintains that France harbours the largest number of genocide suspects, some of whom it considers “big fish.”

The umbrella association of genocide survivors, Ibuka, also contends that France’s handling of genocide cases is “not serious.” The president of the association, Jean Pierre Dusingizemungu, expressed concern that Paris’s move could influence decisions taken by other countries.

“We are used to this ping-pong going on in French courts. All these people they are protecting are known for who they were in the previous government and their roles in the genocide are no secret,” said Mr Dusingizemungu.

The trial of Mr Simbikangwa, which began this February, had raised hopes that France would eventually move to act on genocide cases 20 years after the event, but the latest developments deal a blow to those hopes.