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Mbarushimana court case delays

Friday July 11 2014

The prosecution say they are yet to determine when Emmanuel Mbarushimana, a suspected genocide perpetrator, who recently arrived in the country from Denmark, goes to court, citing a number of procedural matters.

Alain Mukularinda, the National Prosecuting Authority spokesperson said the police are yet to forward the file.

READ: Rwanda welcomes extradition verdict on Mbarushimana

“The police had up to last week Wednesday to do so,” he told Rwanda Today.

Rwanda’s criminal law states that the prosecution can detain a suspect for only five days but with the option of an additional maximum of 30 days in cases where investigations are yet to be concluded.

This means that should the investigations be complete on time, Mr Mbarushimana could be taken to court on July 14.

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At the time of extradition, Mr Mbarushimana — the first suspected genocide perpetrator to be extradited from the Nordic countries — had lived in Denmark for 11 years, allegedly under the forged name of Emmanuel Nkunda.

The Danish police arrested him in 2010 but postponed his extradition insisting that Mr Mbarushimana preferred to be tried in Denmark because he did not believe the courts in Rwanda to be independent.

The protracted legal battle against extradition ended in the Danish country’s Supreme Court and the decision to bring him to Rwanda is two years old.

Mr Mbarushimana lived in former Butare now Huye district before and during the 1994 Genocide against the Tutsi. In 2008, he was sentenced by the area’s Gacaca court to life.

Witnesses told Gacaca court that Mr Mbarushimana, the district inspector of schools during the Habyarimana government, was seen at a number of roadblocks.

Roadblocks were killing centres during the 1994 genocide.