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Ex-policeman goes on trial in France over Rwanda genocide

A former Rwandan military policeman was due to go on trial in France on Wednesday, charged with genocide and crimes against humanity during the 1994 slaughter in his home country.

Published: 10 May 2023 08:46 CEST
Ex-policeman goes on trial in France over Rwanda genocide
A stone monument at the Nyanza Genocide Memorial, which remembers the thousands of people killed in 1994. (Photo by Yasuyoshi CHIBA / AFP)

Philippe Hategekimana, 66, fled to France after the genocide, obtaining refugee status under a fake name.

It is the fifth such trial in France of an alleged participant in the massacres between April and July 1994, in which 800,000 people died, most of them ethnic Tutsis.

Hategekimana is accused of involvement in murdering dozens of Tutsis and also setting up roadblocks to stop Tutsis who would then be killed in and around the southern provincial capital of Nyanza, where he worked as a senior police official.

He has denied the charges.

Plaintiffs have accused him of “using the powers and military force conferred to him through his rank in order to… take part in the genocide”.

He is suspected of being involved in the murder of of a nun and of the mayor of the town of Ntyazo who opposed the executions.

He is also accused of having a role in the killing of 300 Tutsi refugees on a hill called Nyamugari, and in an attack on another mount called Nyabubare in which around 1,000 civilians were slaughtered.

The trial in Paris is to last until June 30.

In 1999 Hategekimana arrived in France and obtained refugee status under a false identity.

He became a university security guard in the western city of Rennes, gaining French citizenship in 2005.

He fled France for Cameroon in late 2017 after the press reported that the Collective of Civil Parties for Rwanda (CPCR), one of the plaintiffs in the trial this week, had filed a complaint against him.

He was arrested in the capital Yaounde in 2018 and extradited to France.

France, one of the top destinations for fugitives from the massacres, has tried and convicted a former spy chief, two ex-mayors, a former hotel chauffeur and an ex-top official in similar trials since 2014.

But it has generally refused requests to extradite suspects to Rwanda, prompting President Paul Kagame to accuse Paris of denying Rwanda jurisdiction.

Relations between both countries have however warmed considerably since a historians’ report commissioned by President Emmanuel Macron and released in 2021 recognised France’s “overwhelming” responsibilities in failing to halt the massacres.

Another Rwandan, a doctor called Sosthene Munyemana who has been living in France since 1994, faces trial in Paris before the end of the year. 

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POLICE

READER QUESTION: What powers do police have on the street in Denmark?

Police in Denmark can only stop and search members of the public without cause under special circumstances. What are the rules that apply?

Published: 9 September 2024 17:38 CEST
READER QUESTION: What powers do police have on the street in Denmark?

Copenhagen Police said last week that they had confiscated more than 20 knives in just under a month as a result of around 830 people being checked for weapons in special visitationszoner or “stop-and-search” zones.

Denmark’s laws allow these zones to be established by law authorities for a limited period in response to violent crime. They mean police officers can stop people on the streets or in cars and check if they are carrying weapons without having to give any cause.

READ ALSO: Danish police search 830 people in Copenhagen in less than a month

The Local was contacted by a reader who asked what police “may and may not do” in Denmark.

“For example, can they ask for ID, question you on the street, search you? Can people video in a public place?”, they wrote.

Asking for ID

Police don’t have the right to demand ID, but can ask for your name, address and date of birth, in accordance with paragraph 750 of Denmark’s Retsplejeloven or policing laws. You do not have to give your full CPR (personal registration) number if you have one, although you might be asked for it and see no reason not to give it.

If someone refuses to provide this basic information to the police or provides false information, they can be fined or punished.

It’s worth noting, though, that foreign residents of Denmark who have an opholdskort or residence card are technically required to carry it with them at all times.

READ ALSO: Can you travel in and out of Denmark if you lose your residence card?

The police can question members of the public, but individuals are not required to provide any statements, and no force can be used to compel someone to speak or answer questions. 

Searching

Police can search a person or their vehicle if they have “reasonable suspicion” that the person may have broken the law. They can only conduct a search without any cause if they are in a designated search area (visitationszone) as described above.

In non-visitationszoner, police need reasonable grounds to conduct a search. This can include visible illegal activity, smell of drugs, acting suspiciously or being in a location where drugs or weapons are known to be circulating.

Police may also search your vehicle if they suspect it contains illegal items, such as weapons or drugs, or if the vehicle is involved in a crime.

Detainment

Police in Denmark have the authority to detain individuals for questioning if they suspect the person has committed a crime. Detention without formal charges must be reviewed by a court (known as a grundlovsforhør) within 24 hours.

Police can issue on-the-spot fines for minor offences such as traffic violations and public disturbances, but must follow up with court procedure for serious matters.

All searches conducted by police must be recorded, as must preliminary charges (termed sigtelser), which mean you are under police suspicion. These preliminary charges, which police can give if they have “reasonable grounds” to suspect you have broken the law, enable them to carry out a search as described above.

You are not obliged by law to respond to police questions during these initial searches and proceedings. Once arrested, the police must inform you of your rights, which include the right to remain silent and the right to a lawyer.

Police must record searches and initial charges including the time and circumstances of the interaction, allowing a member of the public to later file a complaint if they believe police did not act correctly.

Video recording in public spaces

Members of the public have the right to film or photograph in public spaces, including police officers, as long as they do not interfere with police work. Denmark does not have laws that prohibit filming law enforcement as long as the filming does not obstruct the officers in their duties.

If police deem that filming obstructs their work or invades the privacy of others, they can ask individuals to stop. Recording police actions from a distance without interference should generally be allowed.

In 2021, Copenhagen Police commented after media reported, based on video evidence, that some officers had threatened members of the public with being arrested if they filmed them.

“Based on the recordings presented to us, we have decided to clarify the rules on this area to all employees. As a starting point, there is no basis for charging a person who is passively filming… a police officer on duty,” Copenhagen Police told newspaper Berlingske.

Complaints

Members of the public can file complaints with the independent Police Complaints Authority (Den Uafhængige Politiklagemyndighed) if they believe the police have misused their power or acted unlawfully. You should provide a case number when filing the complaint, if you have one.

Complaints can also be filed at local police stations.

As a member of the public, you have the right to complain about both the conduct of the police and the basis on which they took their decisions – meaning, for example, how they may have justified carrying out a search. In the later case, the complaint may mean you believe a police officer has broken the law.

The Police Complaints Authority handles the case differently depending on whether it relates to a conduct issue or a potential criminal act.

Are there any further questions relating to this article you’d like us to answer? Let us know in the comments.

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