First UK Rwanda genocide prosecution follows earlier extradition proceedings – George Hepburne Scott
The Crown Prosecution Service has announced the first criminal charges brought in the United Kingdom in connection with the 1994 genocide against the Tutsi in Rwanda.
Dr Vincent Brown, formerly known as Vincent Bajinya, has been charged with one offence of conduct ancillary to genocide and six offences of conduct ancillary to murder as a crime against humanity. The charges concern alleged conduct in Kigali in April 1994. Dr Brown has not been convicted and is entitled to the presumption of innocence.
Earlier extradition proceedings
The prosecution has a significant extradition background. Dr Brown was previously the subject of attempts by the Government of Rwanda to secure his extradition from the United Kingdom.
In Brown and Others v Government of Rwanda [2009] EWHC 770 (Admin), the Divisional Court allowed appeals against extradition. The Court concluded that the requested persons would face a real risk of a flagrant denial of justice if returned to Rwanda for trial. The decision did not determine their guilt or innocence in relation to the underlying allegations.
Further extradition proceedings subsequently followed. In Government of Rwanda v Nteziryayo and Others [2017] EWHC 1912 (Admin), the Divisional Court considered whether changes in Rwanda’s criminal justice system were sufficient to address the fair-trial concerns identified in the earlier proceedings. The Court upheld the refusal of extradition.
Extradition and domestic prosecution
The new charges illustrate an important distinction between extradition and domestic criminal prosecution.
A decision refusing extradition determines whether an individual may lawfully be surrendered to another state. It does not ordinarily determine guilt or innocence and does not necessarily prevent the requested state from subsequently investigating and prosecuting the alleged conduct where domestic law provides jurisdiction.
The present proceedings therefore represent a significant development at the intersection of extradition law, human rights and international criminal law. They also demonstrate that the seriousness of the allegations does not remove the requirement for courts considering extradition to examine whether the requested person would receive the fundamental safeguards required for a fair trial.
Criminal proceedings against Dr Brown are now active. Nothing in this article should be taken as expressing any view as to the merits of the charges.
Further analysis
George Hepburne-Scott is a specialist extradition barrister – please see further analysis of the two extradition decisions and the subsequent UK prosecution on UK Extradition Lawyer.
