Facts
Emmanuel Nkunduwimye and Ernest Gakwaya were allegedly members of the Interahamwe militia, which was heavily implicated in the 1994 genocide. They allegedly participated in the 1994 genocide in Rwanda by murdering and raping Tutsis and moderate Hutus.
Procedure
Nkunduwimye and Gakwaya were arrested in March 2011 in Brussels.
On 9 October 2019, the Criminal Court decided to sever the cases against Gakwaya and Nkunduwimye from the case against another accused, Fabien Neretsé, considering that there was no connection between the offenses.
On 8 April 2024, Nkunduwimye’s trial began before the Brussels Court of Assizes (Cour d’assises).
During the trial, approximately one third of the witnesses withdrew or were unable to testify, including key witnesses Paul Rusesabagina and former Interhamwe leaders Eugène Mbarushimana and Dieudonné Niyitegeka. Other witnesses had died in the period between the dispatch of summons and the beginning of the trial, while some elderly witnesses were unable to testify due to frail health. The Belgian prosecutor requested a sentence of 30 years, while the defense requested acquittal on the basis of unreliable evidence.
On 10 June 2024, the court convicted Nkunduwimye of genocide and war crimes, including murder and rape. He was sentenced to 25 years imprisonment.
Nkunduwimye has appealed the decision to the Court of Cassation.