In 2023, the IRMCT Appeals Chamber ruled to discontinue Kabuga's trial, citing that he was unfit to stand trial due to serious health conditions. Since then, he has remained in custody in The Hague, Netherlands.
On 9 September 2025, Chief Prosecutor Serge Brammertz and his team stated that although Kabuga has repeatedly complained that his continued detention violates his fundamental rights, European countries he sought to be relocated to have refused to host him.
'Yet, two years later, Kabuga remains in limbo, while complaining that his continuing detention violates his most fundamental rights. His preferred European states have proved unwilling to accept him and the Host State is unequivocal that Kabuga 'cannot be released onto its territory'' reads the prosecution's submission.
The prosecution further argued that there should be no concerns about transferring Kabuga to Rwanda, stressing that medical arrangements will be made during the flight.
'The Prosecution therefore requests that the Trial Chamber decide on Kabuga's provisional release,' he noted.
Brammertz and his team also emphasized that further decisions on Kabuga's case should not be delayed on grounds of medical records, since much of his health information is already public.
Félicien Kabuga, once one of Rwanda's wealthiest businessmen, has long been identified as a leading financier of the 1994 Genocide against the Tutsi. He is accused of, among other charges, importing massive quantities of machetes that were distributed and used in the killings.
Kabuga was arrested in France on 16 May 2020 after 26 years as a fugitive. In October that year, he was transferred to The Hague to face trial before the IRMCT.
The charges against him included genocide, complicity in genocide, direct and public incitement to commit genocide, attempt to commit genocide, conspiracy to commit genocide, extermination, and persecution.
The IRMCT has clarified that the suspension of proceedings did not amount to an acquittal, nor did it establish guilt.
IGIHE
Source : https://en.igihe.com/news/article/irmct-prosecution-requests-kabuga-s-provisional-release-to-rwanda
