Petition for Early Release Filed on Behalf of Grégoire Ndahimana Before the International Residual Mechanism for Criminal Tribunals

Kate McInnes, Principal at Arendt Chambers, has filed a petition for early release with the United Nations International Residual Mechanism for Criminal Tribunals (IRMCT) on behalf of Grégoire Ndahimana, the former mayor of Kivumu Commune in Kibuye Prefecture, Rwanda.

Mr. Ndahimana was convicted at trial before the International Criminal Tribunal for Rwanda of genocide and extermination as a crime against humanity, for aiding and abetting the Nyange Parish massacre in April 1994 and for command responsibility over communal police. The Appeals Chamber revised the mode of liability, finding that Mr. Ndahimana had contributed to a joint criminal enterprise, and increased his sentence to 25 years. He is presently serving that sentence in Benin, and has now served more than two-thirds of it.

Under the IRMCT's Rules and Beninese law, Mr. Ndahimana is eligible for early release. Beyond this eligibility, the current institutional context weighs heavily in favour of release. As noted in the early release petition, with the closure of the IRMCT imminent, convicted prisoners currently held in Benin and Senegal face a real risk of refoulement to Rwanda. Rwanda's well-documented record of human rights violations, particularly against those perceived as opponents of the incumbent authorities, establishes that transfer to Rwanda would expose Mr. Ndahimana to serious and foreseeable risks, including double jeopardy, unlawful detention, torture, and persecution.

Arendt Chambers is grateful to Mr. Ndahimana and his family for their trust in this matter, and we remain committed to advocating for his rights as this petition moves forward.

This petition can be viewed here: https://ucr.irmct.org/Search/PreviewPage/?link=http%253A//icr.icty.org/LegalRef/CMSDocStore/Public/English/Application/NotIndexable/MICT-13-59-ES/MSC54484R0000666548.pdf.