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Article VII: Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition. The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.
Countries have a duty to bring persons suspected of genocide and other international crimes to justice in their own courts, to extradite them to a state willing to prosecute them or to transfer them to an international criminal tribunal with jurisdiction over these crimes.
In recent years much attention has been given to the forcible detention of accused war criminals in Bosnia by IFOR forces for transfer to the International Criminal Tribunal for the former Yugoslavia (ICTY). .Less well publicized is the more routine arrest by national police forces of persons accused of genocide followed by extradition to another country or to international tribunals. Unlike the ICTY, all suspects transferred to the International Criminal Tribunal for Rwanda (ICTR) have been arrested by national police forces.
Requests for extradition or transfer are sometimes delayed or denied by the country receiving the request due to differing rules of evidence, different justice systems, the presence of the death penalty in the laws of the requesting country, lack of bilateral treaty or necessary legislation, constitutional prohibitions on the extradition of nationals or political differences.
The list of transfers to international Tribunals below do not include all cases. Transfers from Bosnia and Croatia will be added soon.
Bénin Juvénal Kajelijeli, , Bourgmestre of Mukingo and 05.06.98 Benin 10.09.98 was arrested in Benin on June, 5, 1998. He was transfered to the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania on September 10, 1998.
Joseph Nzirorera, former Rwandan President of the National Assembly and Secretary-General of the MRND, was arrested in Benin on June, 5, 1998. He was transfered to the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania on July 10, 1998.
Burkina Faso Alphonse Nteziryayo, Commanding Officer of the Military Police, then Prefect of Butare was arrested in Ouagadougou, Burkina Faso on April 24,1998. He was transfered to the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania on May 21, 1998. Nteziryayo pleaded innocent to six charges of crimes of genocide August 17, 1998 Nteziryayo has been jointly charged with Sylvain Nsabimana, who also has pleaded innocent. Nteziryayo succeeded Nsabimana as police chief in Butare, the largest town in southern Rwanda, in June 1994. He is alleged to have ordered and participated in the killing of all the Tutsis held in the town who had thus far survived the massacres by Hutu extremists. Nteziryayo, in Butare, is alleged to have supervised the training of a militia, distributed weapons and publicly called for the killing of all Tutsis.Counsel Titinga Frederic Pacere from Burkina Faso is defending him.
Cameroon Théoneste Bagosora, fromer Rwandan Colonel and Director of Cabinet, Ministry of Defence was arrested in Cameroon On March 9, 1996. He was transfered to the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania on January 23, 1997. According to human-rights monitors, Bagosora was a guiding force in the notorious Zero Network, a group of death squads that began organizing massacres of Tutsi civilians in 1992 or earlier. . But it was in peace talks between the government and Tutsi rebels that Bagosora first came before the public eye. At the talks, convened in Arusha in 1992, Bagosora proved a potent antagonist of both the Tutsi rebels and Hutu in his own government who favored reconciliation, including Prime Minister Agathe Uwilingiyimana, whom he later accused of being an "agent" of the rebel Rwandese Patriotic Front. She was one of the first Hutu moderates to be executed, in April 1994. In an ominous forecast of what was to come, Bagosora once quit a session prematurely, warning that he was returning to Rwanda "to prepare for the Apocalypse." While in Cameroon Bagosora wrote a 28-page defense of his politics.
Jean Bosco Barayagwiza, former Rwandan Director of Political Affairs in the Ministry of Foreign Affairs was arrested in Cameroon on March 27, 1996. He was transfered to the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania on November 19, 1997. In the wake of his arrest, Mr. Barayagwiza spent 330 days in jail without being formally told of the charges against him, in violation of ICTR rules which stipulate that charges must be laid within 90 days. For this reason in November 1999, his indictment was quashed by the Appeals Chamber and he was ordered released on technical grounds. On March 31, 2000, the Appeals Chamber reversed its original decision and ordered Barayagwiza to stand trial. Barayagwiza was a founding member of the Radio télévision libre des Mille Collines, a radio station that incited ethnic hatred against Tutsi, and leader of the Coalition pour la défense de la République (CDR).
Jérôme Bicamumpaka, former Rwandan Minister of Foreign Affairs, was arrested in Cameroon on April 6, 1999. He was transfered to the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania on July 31, 1999.
Laurent Semanza - former bourgmestre (mayor) of Bicumbi. He was arrested in Cameroon on 27 March 1996 and transferred to Arusha in November 1997. Semanza was originally charged with seven counts of genocide and crimes against humanity. Since the initial indictment was confirmed on 23 October 1997, new witnesses have provided fresh evidence. The amendment has been amended on 18 June 1999 to include charges for rape. The opening date of his trial was postponed after his lawyer was withdrawn after he failed to appear in court at the starting date of 3 February 1999.
Côte d'Ivoire Jérôme Bicamumpaka, former Rwandan Minister of Foreign Affairs, was arrested in Cameroon on April 6, 1999. He was transfered to the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania on July 31, 1999.
Democratic Republic of Congo (Kinshasa) Valérie Bemeriki, formerly a journalist with Radio Télévision Libre des Mille Collines (RTLM), was arrested June 13, 1999 in the Democratic Republic of Congo. She was transferred to Kigali and charged by the Rwandan pubic prosecutor with «incentive to murder and racial hatred.
Kenya Jean Kambanda, former Rwandan Prime Minister 18.07.97 Kenyawas arrested in Kenya on July 18, 1997. . He was transfered to the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania the same day. on July 31, 1999. 18.07.97 01.05.98 Chamber 1 plead guilty 04.09.98 Sentenced to life imprisonment. Appeal dismissed 19.10.00
Georges H.Y.J. Ruggiu - journalist and former radio broadcaster for Radio Television Libre des Milles Collines during the 1994 genocide. He was arrested in Kenya on 23 July 1997 and transferred to Arusha in the same month. He is charged with direct and public incitement to commit genocide and crimes against humanity. Following the genocide, Ruggio fled to the refugee camps of Zaire (now Congo) and Tanzania with the Hutu extremists and a huge section of the Hutu population. In the camps, aid workers reported the "Belgian Hutu" organising people. Particularly conspicuous, given the colour of his skin, he then fled to Kenya, converted to Islam and joined a Somali Muslim community in Mombasa. It was here that he was finally arrested in July 1997. Ruggiu appeared in the Arusha court at first in full djellaba and keffiyeh, his face almost completely covered.
Georges Rutaganda - businessman and Second Vice-President of Interhamwe during the 1994 genocide. He was arrested in Zambia on 10 October 1995, indicted on 26 November 1995, and transferred to Arusha in May 1996. On 30 May 1996, Rutaganda pleaded not guilty to 8 counts of genocide, crimes against humanity and serious violations of Common Article 3 to the Geneva Conventions. He has been on trial since 18 March 1997 although the trial has been suspended several times due to ill health. The prosecution has asked the Tribunal to impose the maximum sentence of life imprisonment for Rutaganda.
Obed Ruzindana - former commercial trader in Kibuye, Kigali and Rwamatamu commune. He was indicted on 25 April 1996, arrested in Kenya, and transferred to Arusha on 20 September 1996. He is charged with genocide, crimes against humanity and serious violations of Common Article 3 of the Geneva Conventions. On 21 May 1999, Ruzindana was found guilty of one count of genocide and sentenced to twenty-five years in prison, but was found not guilty of the counts of crime against humanity. Both the prosecution and the defense have moved to appeal the verdict.
Eliezer Niyitegeka, Ictr-96-14-i Xx.xx.52 Kibuye Prefecture Minister of Information 09.02.99Kenyawas arrested in Kenya on April 6, 1999. She was transfered to the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania on July 31, 1999. 11.02.99
Casimir Bizimungu, Minister of Health 11.02.99 Kenyawas arrested in Kenya on April 6, 1999. She was transfered to the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania on July 31, 1999. 23.02.99
Jérôme Bicamumpaka, former Rwandan Minister of Foreign Affairs, was arrested in Kenya on April 6, 1999. She was transfered to the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania on July 31, 1999.
Felicien Kabuga AT LARGE Rwandan businessman, allegedly a the key financial architect of the genocide.financed notorious radio station Radio Television Libre des Mille Collines (RTLM) who imported many of the Interahamwe's machetes, was expelled from Switzerland on August 18, 1994. Before he left, he was able to transfer some 5 million francs out of the country. Kabuga eventually moved to Kenya, where many of Rwanda's former elites had settled into exile under the protection of President Moi. Eventually Moi changed his position and cooperated with UN investigators. But in the security sweep of July 1997, which netted several key figures including former Prime Minister Jean Kambanda, Kabuga once again escaped the law. Tipped off beforehand, Kabuga was a plane to the Seychelles during the round-up. Some Arusha-watchers believe that he is back in Kenya with the tacit approval of Kenyan authorities.
Mali Mathieu Ngirumpatse, Director General of the Ministry for Foreign Affairs and President of MRND was arrested in Mali on June 11, 1998. He was transfered to the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania on July, 7, 1998.
Namibia André Rwamakuba, former Rwandan Minister of Education, was arrested in Windhoek, the Nambian capital on October 21, 1998. He was transfered to the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania on Ocotber 23, 1998. On 7 April 1999, Rwamakuba pled not guilty to genocide and other crimes.
South Africa Ignace Bagilishema, 45, former Rwandan Bourgmestre of Mabanza Commune from February 1980 to July 1994, surrendered in Pretoria on February 20, 1999 and transferred to Arusha, Tanzania the same day. Bagilishema had previously been indicted He was transfered to the International Criminal Tribunal for Rwanda (ICTR) on April 25, 1996. According to the ICTR, for almost three years Bagilishema had been a fugitive shuttling between South Africa, Malawi and Mozambique. On 7 April 1999, Rwamakuba pled not guilty to thirteen counts of conspiracy to commit genocide, genocide, crimes against humanity (murder, extermination, and other inhumane acts), and violations of common article 3 to the Geneva Conventions and Additional Protocol II. His trial began on September 27th, 1999 before Trial Chamber I of the ICTR.
Mengistu Haile Mariam, 62,- former President of Ethiopia, traveled in mid- November 1999 from his exile home in Zimbabwe to Johannesburg, South Africa his to South Africa, where he underwent treatment for ulcer. medical treatment. Mengistu has been living in a posh Harare suburb of Gunhill since fleeing Ethiopia in 1991. Mengistu treaveled with a Zimbabwean diplomatic passport with a special visa,. Mengistu later claimed that his visit to South Africa was organized at the "highest level" and that the South African Government had assured him that he would not be extradited. On the evening of December 3, 1999 the Ethiopian government asked President Thabo Mbeki's administration to detain Mengistu in South Africa under international law, while investigation into his alleged atrocities was conducted. There is no extradition treaty between South Africa and Ethiopia. The South African government announced on Dec 7 that Mengistu had left the country apparently prior to the receipt by the government of a formal request for his extradition to Ethiopia. Late in December 1999 Mengistu gave an interview to th South African daily, The Star in which he charged that the present Ethiopian Government was comprised of "narrow nationalists and counter-revolutionaries," who had "no legal or moral ground to judge the Ethiopian revolution." Mengistu said he had helped Southern African freedom fighters, and that this was one reason why he did not think South Africa's ANC government would send him back to Ethiopia. The biggest ANC military camps were located in Ethiopia, Angola and Tanzania. On the the charges for which he has been tried in absentia in Ethiopia, he said "The so-called genocide was this war in defence of the revolution". He defended his regime as a popular revolution made necessary by the "very backward, archaic and feudalist system" headed by Emporer Haile Selassie (1892-1975). He also denied killing the Emporer who had ruled 1930 to 1974 "He was 80 years old and a very weak man. We tried our best to save him but we could not keep him." He blamed the May 1991 collapse of his regime on former Soviet leader Mikhail Gorbachev, who withdrawn military and financial support from Moscow.
Tanzania Mikaeli Muhimana, Counciller in Gishyita 08.11.99 Tanzania 08.11.99 was arrested in Tanzania on November 8, 1999 and transfered the same day to the International Criminal Tribunal for Rwanda (ICTR) in Arusha.
Bernard Ntuyahaga, former Rwandan Major, who previously surrendered himself to the International Criminal Tribunal for Rwanda (ICTR) in Arusha-Tanzania, was later released when the Tribunal dropped all charges against him. After Rwanda having submitted extradition requests, he was then re-arrested by Tanzanian authorities. Ntuyahaga, allegedly took part in the killing of the Prime Minister, Agathe Uwilingiyimana, and 10 Belgian UN peace-keepers who were escorting the premier. In February, May and August 2000, the extradition case in Kisutu Magistrate's Court in Dar Es Salaamof Bernard Ntuyahaga was postposend in Dar Es Salaam, mainly for lack funds to pay an interpreter who will translate from Kiswahili or English to French, the language the accusedan interpreter. Some sources suggest the continuing delay was due to lack of government interest to prosecute the case, preferring to keep the accused in remand indefinitely. Ntuyahaga has been represented by Professor Jwan Mwakyusa, assisted by a lawyer from Belgium, Mr. Luc de Termmerman.
Togo
Zambia Jean-Paul Akayesu, former Rwandan Bourgmestre of Taba and Georges Rutaganda, former Rwandan Businessman & 2nd Vice President of the Interahamwe were arrested in Zambia on October 10, 1995. Clément Kayishema, former Rwandan Prefect of Kibuye was arrested in Zambia on May 2, 1996. All three men were transfered on May 2, 1996 to the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania.
Zimbabwe Mengistu Haile Mariam 62,- former President of Ethiopia, [ see South Africa above]was granted political asylum in Zimbabwe in 1991 by President Robert Mugabe. Commenting on Mengistu's problems in South Africa in December 1999, Mugabe said he had failed to persuade Mengistu to go for medical treatment in Cuba. Mugabe also mentioned US involvement in Mengistu's escape from Ethiopia, and stated that the US and Canadian governments had offered financial assistance, but that this had not been necessary. The December 22, 1999 the United States embassy in Zimbabwe confirmed the US was involved in finding a safe haven for the former Ethiopian dictator Mengistu Haile Mariam. The embassy said in a statement that then Assistant Secretary of State Hank Cohen had been involved in negotiations which resulted in Mengistu coming to Harare in 1991. In March 2001 Home Affairs Minister John Nkomo granted former Ethiopian dictator Mengistu Haile Mariam and seven members of his family, permanent residence in Zimbabwe despite calls from Addis Ababa for Mengistu's extradition and trial. Mengistu's new status means that he and his family members can no longer be deported from Zimbabwe unless they commit and get convicted of serious criminal offences in the country. A senior official at the Ethiopian embassy in Harare said yesterday that the Addis Ababa government still wants Mengistu to stand trial in Ethiopia but refused to comment on the Zimbabwe government's decision to grant him permanent residence.
Argentina Extraditions from Argentina:
Erich Priebke, former SS captain, was extradited from Argentina to Italy in 1995. o Croatia from Argentina in 1998.
Dinko Sakic, 78, former commander of Jasenovac Concentration Camp From the 1940s until his extradition in 1998, Sakic had lived in Argentina under the name Ljubomir Sakic Bilanovic. Shortly before his extraditon the Canal 13 television station broadcast an interview with SakicCanal 13 news programme ''Telenoche'' filmed in his house in Santa Teresita, Buenos Aires, where he stated he had run the Jasenovac concentration camp for more than a year. Sakic was convicted on 10 May 1999 by the Zagreb County Court of war crimes against civilians and sentenced to a maximum of 20 years imprisonment.
Joseph Schwammberger, b. 1912, arrived in Argetina on March 19, 1949. On January 9, 1976 the Embassy of the Federal Republic of Germany requested of extradition for crimes committed during World War II, inclusing 32 homocides. On February 28, 1988 the Court of First Instance granted the extradition of Schwammberger. The extradition was confirmed on September 1, 1989 by the [Federal Camera of the Silver]. This opinion was ratified by the Supreme Court of Justice on March 20, 1990. The 27 of August of 1990, being imprisoned Scwammberger died after being sentenced to imprisonment in Germany
Karl Adolf Eichmann, [See Israel below] On May 11, 1960 Eichmann was abducted by agents of the Israeli Mossad. He was taken to Israel where his trial in Jerusalem began on April 2, 1961. After hiding in Germany for 4 years, in 1950 Eichman fled via Austria to Italy, where in a Franciscan monastery in Genoa, he acquired a refugee passport bearing the name Ricardo Klement, which he used to receive an Argentine visa. He arrived in Argentina in August 1950 where he lived for ten years, even bringing his family from Germany.
Emilio Massera, former navy chief, admiral and deputy military junta member from 1977 to 1983. On December 1998 a Swiss court has requested has requested the extradition of Massera for kidnapping a person with Chilean and Swiss nationality in Argentina in 1977. In March 1999 an Argentine judge this week rejected the request from Switzerland for the extradition.
Comment: During Juan Peron's first term in office, a Commission of Confidential Advidors was set up which sought out war criminals to invite them to settle in this country. The extradition of some of these person was turned down, inclusing Edward Roschmann, the Croat Ante Pavelic, Walter Kuschmann and Heinrich Muller. Josef Mengele lived openly In Argetnina for a few years. During the war the country did not sever diplomatic relations with the Axis Powers until January 1944. This afforded Axis agents a unique base of operations in Latin America, especially after December 1941 , for in Nazi criminals, collaborators and sympathisers. Around 150 Nazi war criminals are believed to have lived, or be living in Argentina. Some sources allege that Argentina received nearly 1.5 billion dollars of gold taken from Nazi victims in Europe. The Menem government created a Commission for the Clarification of Nazi Activities in Argentina or Commission of Enquiry into Activities of Nazism in Argentina (CEANA). Argentina also witnessed the entry of not less than 40,000 Jewish refugees during 1933-1945, a record figure in Latin America
Bolivia Klaus Barbie (Oct. 25, 1913 -Sept 25 1991) Lyon SS chief, emigrated in 1951to Bolivia, settling in La Paz. He acquired Bolivian citizenship in 1957, under the pseudonym Klaus Altmann. he was discovered in La Paz by the Nazi hunter Beate Klarsfeld in 1971In the following years the French government requested his extradition many times, but it was only in 1983 that the Bolivians finally expelled Barbie and he was brought to France to stand trial for crimes against humanity. He was jailed for life in 1987 and died in 1991 at age 77.
Mexico Extradition from Mexico:
Ricardo Miguel Cavallo, also known as Miguel Angel Cavallo, a former intelligence officer who is suspected of terrorism and genocide during Argentina's military dictatorship from 1976 to 1983, was arrested on August 24, 2000. Police confirmed that they had intercepted Mr Ricardo Cavallo in Cancun on a flight bound for the Argentine capital, Buenos AiresHe was known in Mexico as a leading businessman in the southern resort town of Cancun , who ran the country's controversial national car registry, known as Renave. IN a January 12, 2001 decision, Judge Jesus Guagalupe Luna ruled that the extradition treaty signed in 1980 between Mexico and Spain was does provide for the transfer of the accused to Madrid. Luna’s ruling, detailed in a 700-plus page document, was based for the most part on international conventions on genocide and torture. The judge also reiterated that the treaty places international agreements above federal laws. If the Mexican government and Supreme Court decide to uphold the ruling Cavallo will be sent to Spain to stand trial.
United States of America Extraditions and transfers from the United States:
Jorge Eduardo Acosta Aubone, Navy Captain, formerly a senior officer at the Naval Mechanics School. He escaped Argentina in mid-1980s before the trials against top junta leaders began. He was found hiding in California in 1987 and extradited to face trial where he was convicted on charges of torture and making illegal arrests. He was cleared of those charges under President Menem's amnestya and released on October 1989. He is currently serving prison term in Argentina after having been charged with children robbery, an offense not covered by the 1989 amnesty.
John Ivan Demjanjuk, extradited to Israel from the United States in February 1986. his sentence was overturned by the Israel Supreme Court on July 29, 1993 on the grounds of reasonable doubt. He returned to Ohio where his U.S citizenship was reinstated in February 1998. In May 1999 the U.S. Government, which remains convinced that Demjanjuk was a guard in several concentration camps began proceedings to again strip him of his US citizenship. In 1985, a United States court authorized the extradition of a person alleged to have committed acts in Germany and other countries which amounted to genocide and other crimes against humanity to Israel (In matter of Demjanjuk, 603 F. Supp. 1468 (N.D. Ohio, aff'd, 776 F.2d 571 (6th Cir. 1985), cert. denied, 457 U.S. 1016 (1986)).Israel
Aleksandras Lileikis, 92, A US Federal District Court in Boston found that Aleksandras Lileikis, 88, of Norwood, Mass., had been chief of the Nazi-sponsored Lithuanian Security Police (Saugumas) in Vilnius and had played a prime role in the destruction of the Jewish community there by handing Lileikis denaturalized on May 24, 1996
Kazys Gimzauskas, lived in the US from 1956 to 1994, a retired machinist who once lived in St. Petersburg, Florida, in June 1996, after he had returned to Lithuania, he was stripped of his US citizenship. In February 2001 a Lithuanian court found Gimzauskas guilty of collaborating with the Nazis in genocide during World War Two.
Elizaphan Ntakirutimana ( pronounced In-TAW-key-ruti-mana) [69] year old retired Seventh-day Adventist pastor and former President of the Seventh Day Adventist Church in Rwanda, was arrested on September 29, 1996 by FBI agents outside Laredo, Texas on Interstate 80 driving towards Mexico. The ICTR indictment alleges that after April 6, 1994 Ntakirutimana encouraged fearful Tutsis to take refuge at the Mugonero Church Complex. At the Church complex Hutus were separated from the person taking refuge and told leave. On April 16, 1994, a convoy of armed attackers came to the Complex and systematically killed or injured hundreds of Tutsis assembled there. Mugonero is the headquarters of the Seventh-Day Adventist mission, on the eastern shore of Lake Kivu.Ntakirutimana's son, Dr Gerard, a Hutu Power supporter, medical director of Mugonero hospital was also indicted for his role in the massacre. Three months after the Mugonero massacre, Pastor Ntakirutimana fled with his wife to Zaire, then Zambia, and from there to Laredo, Texas. The Ntakirutimanas son Eliel, one of his seven children, is a cardiac anaesthesiologist who had been a naturalised United States citizen for more than a decade. In Laredo, Ntakirutimana worked part-time in a health-food store.Shortly after they arrived, Tutsis who lived in the US sent a letter to the White House, asking that Pastor Ntakirutimana be brought to justice for his conduct during the massacre. With the help of his defense attorney, fomrer US Attorney Garneral Ramsey Clark, Ntakirutimana appealed his exatraditon to the US Supreme Court, which did not accept the case. He was transfered to the ICTR in Arusha, Tanzania in March 2000.
Carl Albrecht Oberg (1897 - 1965), Hoherer SS - und Polizeifuhrer (Higher SS and Police Leader) responsible for the "Final Solution" in France. On October 10, 1946, he was extradited by the US to France, and on October 9, 1954, was again sentenced to death. Oberg was responsible for putting into effect the order for wearing the yellow Jewish badge (see badge, Jewish), deportation of 80,000 Jews from France most of whom were killed in extermination camps in Poland. On April 10, 1958, his death sentence was was reduced to life imprisonment and further reduced on October 31, 1959 under a presidential amnesty to twenty years imprisonment. In 1965, he was pardoned by President Charles de Gaulle and repatriated to Germany, where he died the same year.
Comment: On January 9, 2001 the United States is offered rewards of up to $5 million for information about 13 fugitive Rwandans who have been indicted by an international tribunal for their alleged roles in the Rwandan genocide of 1994. The rewards are for information leading to the transfer of any of the fugitives to the International Criminal Court for Rwanda, in the Tanzanian town of Arusha, or to their conviction. Similar rewards are available for information on alleged war criminals in the Balkans and international terrorists. The fugitives include former planning minister Augustin Ngirabatware, former minister of youth and sports Callixte Nzabonimana and two officers in the presidential guard -- Commandant Protais Mpiranya and Captain Cedeslas Kabera. Three others were mayors: Aloys Ndimbati in Gisovu, Ladislas Ntaganzwa in Nyakizu and Charles Sikubwabo in Gishyita. Two were military officers: Lt. Commandant Idelphonse Hategekimana and Capt. Idelphonse Nizeyimana, according to a State Department list. Two indictees -- Yusufu John Munyakazi and a Mr. Ryandikayo -- were members of the Interahamwe, the Hutu militia. The others are businessman Felicien Kabuga [see Kenya above] and Mubuga councilor Vincent Rutaganira.
Australia Konrad Kalejs Australia and Latvia signed a treaty of extradition on July 14, 2000, in order to allow the extraditon of Konrad Kalejs who previously had ben expelled from Canada, the United States and Great Britain. Konrad Kajels took refuge in Australia, his country of nationality. Kalejs was arrested in Melbourne on December 12 2000 for extradition to Latvia on charges of genocide and war crimes, and immediately released on bail. The charge follows years of efforts by Latvian investigators to assemble evidence from six countries to bring Mr Kalejs, 87, to trial. Charges laid in Latvian courts stem from his time as commander of a concentration camp guard company in Salaspils from June 1942 to July 1943, during the Nazi occupation.
India Froduald Karamira was former vice-president of the Mouvement démocratique républicain, Democratic Republican Movement (MDR) and a leading figure of its hardline faction known as MDR-Power, was arrested in June 1996 in Bombay and deported in July to Rwanda. During his deportation at a stop-over in Addis-Abeba, he attempted toescape. Karamira was triedand convicted n January and February of 1997. He was executed in Kigali on April 22, 1998
Israel Not an extradition or transfer:
Karl Adolf Eichmann, was abducted on May 11, 1960 by agents of the Israeli Mossad (Secret Service). He had arrived in Argentina in August 1950, later bringing his family from Germany. Previously after hiding in Germany for 4 years, in 1950 Eichman fled via Austria to Italy, where in a Franciscan monastery in Genoa, he acquired a refugee passport bearing the name Ricardo Klement, which he used to receive an Argentine visa. Amid protests by Argentina at the U.N., Eichman was taken to Israel where his trial in Jerusalem began April 2, 1961. In August 1961 Argentina and Israel reconciled on the issue.
Austria Izzat Ibrahim al-Duri, AT LARGE Ezzat Ibrahim Douri deputy chairman of Iraq's ruling Revolutionary Command Council and deputy commander-in-chief of the armed forces, No. 2 in Iraq after Saddam, arrived in the Austrian capital on Aug. 6, 1999 after being refused a visa by other European countries. Ibrahim has had a series of health problems, previously being treated in August 1997 for an undisclosed illness at Vienna General Hospital and a private clinic in the capital. In 1998 he underwent heart surgery in Baghdad. While Ibrahim was Vienna city councilman Peter Pilz, filed a criminal complain tstating that Autria was signatory to international covenants against torture and for the defense of human rights, claiming that the coutnry had a moral obligation to take Ibrahim into custody. Austria's domestic criminal law also allows such prosecutions. Article 64 of the Austrian Penal Code provides that certain offenses committed abroad can be prosecuted in the Austrian courts . These include (in Article 64.6) "criminal acts which Austria is under an obligation to punish even when they have been committed abroad" -- such as the obligation under the UN Torture and Genocide Conventions. The offence of genocide is defined in Article 321. During the genocidal Anfal campaign against Iraq's Kurdish population in 1988, Ibrahim was also a member of the Revolutionary Command Council's Northern Affairs Committee which, along with the Ba'th Party's Northern Bureau Command, was the administrative backbone for the military campaign headed by Ali Hassan al-Majid. The Northern Affairs Committee placed its seal on a June 20, 1987 directive, coded SF/4008, which called for "special strikes ...to kill the largest number of persons" in designated zones, as well as the capture and execution of all adults found in prohibited areas. The directive remained in force as the standing orders for Iraqi armed forces and security services throughout the Anfal campaign and beyond. At the time of the Gulf War and the Kurdish uprising against the government that followed, Ibrahim held the post of commander for the north, with full authority to "reward and punish," in the words of the decree appointing him. On January 24, 1991, as warning the people of Sulaimaniyya, a major city in the Kurdish north, he allegely said "if you have forgotten Halabja, I would like to remind you that we are ready to repeat the operation." Halabja was the Kurdish city that was the target of a major Iraqi chemical weapons assault on March 16, 1988 which killed between 3,200 and 5,000 residents.
Momir Talic, General and army chief of staff of Bosnia's Serb Republic, was arrested in Vienna on August 26, 1999 while attending a military seminar sponsored by the 55-nation Organization for Security and Cooperation in Europe. Austrian police acted at the request of UN chief prosecutor Louise Arbour, who enlisted authorities there to act on a secret arrest warrant issued by a tribunal judge. Talic, commanded troops in northwestern Bosnia during the 1992-95 war and was a member of the inner circle of advisers to Gen. Ratko Mladic, the Bosnian Serb wartime military chief who also has been indicted on war crimes charges. The indictment alleges that as chief of the 1st Krajina Corps, Talic, 57, "planned, instigated, ordered, committed, or otherwise aided and abetted" the mistreatment, killing, detention and deportation of tens of thousands of Bosnian Muslims and Croats in 1992. Talic is charged with crimes against humanity in the northwestern Prijedor region of Bosnia in 1992 – "namely, persecutions on political racial and religious grounds" against Bosnian Muslims and Croats, the indictment said. The March 14 indictment of Talic by the six-year-old war crimes court had not previously been made public. Following a prosecutorial strategy of packaging indictments to consolidate investigations and speed the trial process, it links Talic to the last war crimes suspect to be arrested, Bosnian Serb Radislav Brjanin. On July 6, British NATO troops in the Bosnian Serb Republic picked up Brjanin, who with Talic ran a regional "crisis staff," one of several groups allegedly created by Bosnian Serb leader Radovan Karadzic – another war crimes suspect who is still at large – to oversee the terrorizing of Muslims and Croats and their expulsion from the area. Brjanin, on the political side, and Talic, on the military side, are alleged to have been the organizers of systematic killings, beatings and deportations of thousands of non-Serbs during the 2½-year conflict. Brjanin, once a deputy prime minister of the Serb Republic, is the most senior civilian among the 30 Bosnian Serbs now in custody; Talic is the most senior Bosnian Serb military figure awaiting trial. Arbour said today that the two men will be tried together; Brjanin pleaded not guilty last month. Previous apprehensions of Bosnian Serb, Muslim and Croat war crimes suspects – about half of those who have been publicly indicted are now in custody – were carried out by international peacekeeping forces in the Balkans. It was the first arrest by the tribunal outside the territory of the old six-republic Yugoslav federation. Talic was sent the same day to the Netherlands. to a prison in the Netherlands, where he will be the highest-ranking Serbian military official to stand trial on charges stemming from the Bosnian war.
Belgium Augustin Ndindiliyimana was arrested in January in the Belgian town of Termonde, where he had been living since fleeing Rwanda in 1994. He will stand trial at the International Criminal Tribunal for Rwanda. He is charged with 10 counts of genocide, crimes against humanity and violations of the Geneva Conventions on the treatment of combatants and civilians in wartime, the U.N court said in a statement. He arrived in Tanzania Saturday and no trial date has yet been set. The 56-year-old general is also accused of sexual violence and rape of Tutsi women. Ndindiliyimana was the chief of staff of Rwanda's paramilitary police, or gendarmerie, Among other things, Ndindiliyimana is charged with participating in the murder of 10 Belgian peacekeepers who were guarding the country's prime minister, Agathe Uwingiliyimana, when the slaughter began in earnest on April 7, 1994.
Denmark Innocent Sagahutu, former Rwandan Second-in-command of the Renaissance Battalion, was arrested in Denmark on February 15, 2000. Sagahutu, is charged with participating in genocide, mass rape, and the 1994 killings of 10 Belgian U.N. soldiers in Rwanda, had lived with his wife and two children for two years as a political refugee in western Denmark. Sagahutu's extradition case was briefly suspended after his lawyer, Thomas Roerdam, claimed he was suffering from a serious disease. A higher court ruled earlier this month that his health problems were not life-threatening. The Justice Ministry, which earlier had determined that his extradition would not violate Danish law, refused Oct 27 to allow the Supreme Court to hear the appeal, removing the last obstacle to Sagahutu's extradition. He was transfered to the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania on November 24, 2000.
France Jean De Dieu Kamuhanda, former Rwandan Minister for Culture and Education, was arrested 26 November 1999 in the central French town of Bourges on a warrant issued by the U.N. International Criminal Tribunal. He has been held in the La Sante prison in Paris. Kamuhanda was transfered to the ICTR on 7 March 2000
Germany Extradition to Germany: Joseph Schwammberger [see Argentina]
Extradtion or transfer from Germany to the ICTY : Zejnil Delalic and Dusko Tadic
Italy Erich Priebke, 84, and Karl Hass, 85, two former SS captains, sentenced to life imprisonment [date], lost appeal in March 1998. The two men assisted in the 1944 killing of 335 men and boys in the Ardeatine Caves near Rome in 1944. Priebke was arrested after being extradited from Argentina in 1995. The two men were first convicted for their part in the war crime last year and initially sentenced to 15 and 10 years in jail respectively. These sentences were later reduced.
Latvia Konrads Kalejs, 86, Latvian chief prosecutor Rudita Abolina said the government uncovered evidence that Kalejs was a chief guard at a Nazi-run concentration camp in Salispils, about 25 miles from the capital, Riga, currently trying to extradite him from Australia where he is living after being deported from the US, Canada. British officials failed to act quickly to detain him in January 2000, before he left for Australia. Suspected of being an officer in the Arajs Kommando, a Nazi-sponsored death squad responsible for the murder of some 30,000 people, mostly Latvian Jews, during World War II. In April 2000 Australia and Latvia signed a treaty of extradition. The treaty should be ratified by the two Parliaments by the end of year 2000.
Lithuania Aleksandras Lileikis, 92, was denaturalized on May 24, 1996by US Federal District Court in Boston. Susequentl he was returned to Lithuania to stand trial. The Boston Court found that Aleksandras Lileikis, then of Norwood, Massachusetts, had been chief of the Nazi-sponsored Lithuanian Security Police (Saugumas) in Vilnius and had played a prime role in the destruction of the Jewish community there by handing Boston ordered Lileikis
Kazys Gimzauskas, 92, deputy of Lileikis, econd-in-command to Aleksandras Lileikis, was stripped of his US citizenship in June 1996, after he returned to Lithuania. From 1956 to 1994, he lived St. Petersburg, Florida.
Antanas Mineikis, was stripped of his U.S. citizenship in 1992 for concealing his wartime service in a Nazi-led execution squad. He was deported to Lithuaniawhere he died November 1997. The Lithuanian prosecutor general had investigated Mineikis' past, but later stopped the probe, citing a lack of evidence to prosecute.
Sweden Alfredo Astiz, Swedish courts have linked Astiz with the death of Dagmar Hagelin, aged 17, a Swedish girl, living in Buenos Aires. Hagelin was shot and kidnapped on January 27th, 1977 carried to the ESMA, wounded but alive. At least three survivors of the ESMA saw Dagmar and talked to her in captivity. She was mentally sound and her physical condition was improving when she was finally killed by her captors.. [see Astiz in France section above]
Switzerland Alfred Musema, Director of Tea Factory in Kibuye was arreste on 11 February 1995 in Switzerland and transfered to the ICTR on 20 May 1997. He was one of the first Rwandan genocide suspects to be arrested. On 27 January 2000 he was sentenced to life imprisonment.
Jorge Rafael Videla (b. Aug. 2, 1925), Argentina's President and Army chief between 1976 and 1981, is the object of a Swiss arrest warrant for the 1977 disappearance of a Swiss-Chilean.
Felicien Kabuga, expelled from Swtitzerland on August 18, 1994 and remains at large.But before he left, he was able to transfer some 5 million francs out of the country. Many were outraged at the Swiss's failure to apprehend the man believed to be the key financial architect of the genocide.[ See Kenya] .
United Kingdom Herbert Kappler (1907-1978) was extradited by the British authorities in Germany to Italy in 1947. Kappler planned and executed the deportation October 18, 1943,of about ten thousand Jews of Rome as well as reprisal killings of March 23, 1944 of other Italian civilians. During the night of October 15, 1943 some 1,259 Italian Jews were arrested. On a total of 1,007 Jews were sent to Auschwitz;. Only 10 survived. . Thirty years after his imprisonment, Kappler was taken to a hospital in Rome 1977, from which he managed to escape. He died a year later in Germany. [http://motlc.wiesenthal.org/text/x12/xm1223.html]
Helmut Knochen (b. 1910) SS and SD Security Service Officer, was extradited the British zone of Germany to France in October 1946, brought to trial there, and sentenced to death in 1954. Previously in June 1946 a British military court in the British zone of Germany had also sentenced Knochen to death for the murder of British pilots who had been taken prisoner. As senior commander of the Sicherheitspolizei (Security Police) and SD in for occupied northern France he was in charge of deporting French Jews to extermination camps as well as the execution of many Frenchmen. Knochen's death sentence in France was commuted in 1958 to life imprisonment. President Charles de Gaulle granted Knochen a pardon in 1962 and he was sent back to Germany, where he retired in Baden - Baden. [http://motlc.wiesenthal.org/text/x12/xm1290.html]
Tharcisse Muvunyi, former Rwandan Commander of Ecole Sous-officiers (ESO) was arrested on 5 February 2000, in response to a warrant from the International Criminal Tribunal for Rwanda (ICTR). Mr Muvunyi had been living as a refugee in Lewisham, south-east London, since March 1998, when he arrived on a train at Waterloo. His wife and three children were already in London, and the family were granted permission to remain in Britain until 2002 while their application for political asylum was processed. The failies status in Britain was not affected by his arrest. According to the indictment, Mr Muvunyi is held responsible for atrocities commited by soldiers under his command, including the killing of two Tutsi priests and 25 Tutsi children who were hunted down in a convent. Muvunyi was transfered to the ICTR on 30 October 2000.
Augusto Pinochet, former Preseident of Chile, was detained in London on October 16, 1998 on the basis of an extradtion request from Spanish judge Baltazar Garzon. After a 16 month legal procedure concerning the priciple of immunity of former Heads of State, the principle of universal jurisdiction, and Pinochet's ageand health, British authorities released Pinochet on March 2, 2000 and he returned to Chile. Since his return to Chile, Pinochet has been indicted by Chilean authorities.
Yugoslavia Slobodan Milosevic, born on 20 August 1941 in Pozarevac, Serbia, fromer President of the Federal Republic of Yugoslavia, Supreme Commander of the Yugoslav Army (VJ) and President of the Supreme Defence Council was arrested on 1 April 2001 in Belgade. Milosevic was transferred to ICTY on 29 June 2001. His initial appearance before the court is scheduled for 3 July 2001. The indictment charges Milosevic along with Milan Milutinovic, Dragoljub Ojdanic and Vlajko Stojiljkovic on the basis of individual criminal responsibility and superior criminal responsibility for violations of the laws or customs of war (murder; persecutions on political, racial or religious grounds) and Crimes against humanity (deportation; murder). A fifth person Nikola Sainovic is charged on the basis of individual criminal responsibility for these crimes. The indicted person Milutinovic, Ojdanic, Stojiljkovic and Sainovic remain at large in Serbia.
Drazen Erdemovic, an ethnic Croat army trooper who was a member of the Bosnian Serb forces in Srebrenica, was arrested in Vojvodina, Federal Republic of Yugoslavia on March 3, 1996 by the Serbian police. In an interview with the French newspaper Le Figaro and ABC News, Erdemovic admitted to killing 70 civilians. Among the elements of Erdemovic's story that appeared in Le Figaro and impressed investigators was his membership in a "10th Commando'' unit under the direct authority of Col. Pero Salapura, one of the heads of Bosnian Serb military security. Erdemovic said his unit shot "about 1,200'' men during a period of 24 hours on July 20 at a farm north of Srebrenica. He said he and his fellow commandos were ordered to fire at Muslim men brought by the busload to the fields. "Some were young, 17 to 18 years old,'' Erdemovic said. "The oldest were in their 50s.'' Erdemovic, who was born near Tuzla in Bosnia and was an ordinary soldier, said that after a falling out with his commander in Bosnia he decided to move to Serbia and tell his story, apparently in revenge. At the ICTY Erdemovic plead guilty and was transferred in August 1998 to Norway to serve a five year sentence.
Milomir Stakic, 39, a medical doctor, former mayor of Prijedor, a citizen of Bosnia and Herzegovina, is accused of genocide, both with regard to his individual criminal responsibility and his superior criminal responsibility, during his time as mayor of the Bosnian region of Prijedor in 1992 and 1993. Stakic was arrested in Belgrade in March 2001 by Serbian Police and flown Hague, Netherlands. He had been indicted on 13 March 1997, in a sealed indictment. According to the indictment, "As the President of the Municipal Assembly of Prijedor, Milomir Stakic occupied the most important position on the Crisis Staff, in terms of de jure authority. He had the final voice and authority in deciding all issued within the municipality." According to the indictment, the condition in the camps "were abject and brutal. Bosnian Serb military and police personnel in charge of these facilities, their staff, and other persons who visited the camps, all of whom were subject to the authority and control of the Crisis Staff, killed, sexually assaulted, tortured, and otherwise physically and psychologically abused the detainees in the camps." Furthermore, the indictment alleges that, "At Omarska and Keraterm, the camps were operated in a manner designed to inflict upon the detainees conditions intended to bring about their physical destruction with the intent to destroy, in part, the Bosnian Muslim and Bosnian Croat people as national, ethnic or religious groups."
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