Génocide au Rwanda: la route vers un procès pour Félicien Kabuga sera longue

La cour d’appel de Paris a donné hier son feu vert à un transfert de Félicien Kabuga devant le MTPIR, le mécanisme qui a succédé au Tribunal pénal international de la Haye. Elle confirme donc la validité du mandat émis à l’encontre de cet homme, poursuivi pour son rôle présumé de financier du génocide de 1994. C’est une première étape importante qui est franchie. Mais la défense n’a pas dit son dernier mot. Et la route vers un transfert, et plus encore un éventuel procès s’annonce encore longue.

Dans l’immédiat rien ne change pour Félicien Kabuga. Il reste détenu en France à la prison de la Santé. Car, avant toute chose, sa défense a dix jours pour déposer un recours auprès de la cour de Cassation pour tenter de faire annuler la décision de mercredi d’un transfert de Félicien Kabuga devant le MTPIR.

C’est ce que vont faire ses avocats. Ils l’ont annoncé. A la réception du dossier, la cour de Cassation aura deux mois pour statuer. Et ce n’est qu’à ce moment-là, et encore si la décision de remettre Félicien Kabuga au mécanisme international est confirmée, que le compte-à-rebours du transfert sera lancé.

Un long processus judiciaire

La France aura alors un mois pour l’organiser… Nous sommes  donc au début d’un long processus. A titre de comparaison, l’expérience du tribunal sur le Rwanda, l’ancêtre du Mécanisme, a montré qu’il s’écoulait en moyenne trois à huit mois entre l’arrestation et le transfert d’un fugitif, et un an moyenne avant l’ouverture d’un procès.

C’est l’une des raisons qui a poussé la semaine dernière un juge du Mécanisme à refuser de modifier le mandat d’arrêt de Félicien Kabuga comme le demandait le procureur Serge Brammertz. Ce dernier souhaitait à ce qu’il puisse transiter d’abord par La Haye avant d’aller à Arusha, où se tiendra de toute façon le procès s’il lieu, en invoquant les contraintes de déplacement liées à la pandémie de coronavirus.

Mais le juge a considéré que la question était prématurée, et qu’il serait toujours possible de la réexaminer le moment venu. Félicien Kabuga, 84 ans, considéré comme le « financier » du génocide au Rwanda qui fit au moins 800 000 morts en 1994 d’après l’ONU, a été arrêté dans la matinée de ce samedi 16 mai près de Paris. IL était activement recherché par la justice internationale depuis 25 ans.

Article de RFI

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