Rwandan Genocide: Alleged Perpetrators

(Urgent Question): To ask the Home Secretary if he will make a statement on the handling of the cases of the five alleged perpetrators of the Rwandan genocide in the United Kingdom.

None of us can forget the horrendous scenes of the Rwandan genocide 25 years ago. My colleague the Minister for Africa visited Rwanda only this week to share in the international recognition and remembrance of those horrific events.

I can confirm that the Metropolitan police’s war crimes unit, within the counter-terrorism command, received a referral from the Rwandan authorities in January 2018 relating to five individuals in the UK and allegations of genocide offences in Rwanda dating back from around 1994. Relevant documentation was assessed by the war crimes unit and officers were deployed to Rwanda as part of our initial work to scope out the allegations. We subsequently commenced an investigation, which will initially involve a review of all the documentation transferred from Rwanda. Given the complexities involved, it is expected to be a protracted and lengthy process. Inquiries continue.

As the Minister said, Sunday was the 25th anniversary of the Rwandan genocide. The hon. Member for Wirral South (Alison McGovern) and I represented this House, along with the Minister for Africa, at ceremonies in Kigali, which were dignified and profoundly moving.

The House will recall that nearly a million Rwandans were murdered in frenzied killing over a 90-day period while the international community effectively did nothing to stop it. Once the killing was ended, those leaders who were responsible for the genocide fled. Over the intervening years, many have returned voluntarily to Rwanda to be processed through the Gacaca court system. Others have been extradited to Rwanda from the United States, Canada, France, Norway, Denmark, Germany, the Netherlands, Belgium and Sweden. Britain, sadly, is a glaring exception.

Proceedings started here in the UK more than a decade ago in respect of five alleged genocide perpetrators, but in spite of ruling that there was a prima facie case of genocide made out against all five, the British courts declined to extradite. The British taxpayer has already forked out more than £3 million in legal costs, and four of the five are living on benefits, including housing benefit. The Rwandan authorities, having failed to secure extradition in Britain in the lower courts, have declined to proceed to the Supreme Court and have asked that the UK undertake the trial here. In spite of all the evidence already being available here in the United Kingdom, the Metropolitan police have indicated that it could take a further 10 years to process these cases.

The souls of those who were murdered in the genocide cry out for justice, but from Britain justice has at least been delayed and at worst denied. The Nuremberg trials commenced a mere seven months after the end of the war and were concluded within 10 months. In the interests of those facing these dreadful allegations, as well as of the reputation of British justice, we should surely expect these five alleged génocidaires to be on trial at the Old Bailey by the end of this year. I end with the words spoken last weekend by the distinguished Rwandan Minister of Justice and Attorney General, Mr Johnston Busingye, who, when he came here to Britain, our Director of Public Prosecutions could not even find the time to see. He said this:

My right hon. Friend is a strong supporter of Rwanda and knows the country incredibly well. I respect many of his views on the country and on the need for action, but I have to say that I fundamentally disagree with his last point. The United Kingdom has not shielded these people. He will know that on 28 July 2017 the High Court ruled that they could not be extradited, for fear of not facing a fair trial. He will know and respect the difference between the Government, the police and the judiciary. He will know that we have to follow the rule of law and that ruling.

This Government, and previous Governments, have been committed to bringing people to trial, which is why he has raised this issue. We have spent £3 million trying to get the right outcome, but when the Court ruled that these individuals could not be extradited, the United Kingdom, under its genocide convention obligations and after requests from the Rwandan Government, took on the investigation itself. We went out to meet officials in Rwanda and to gather evidence there, and there is a live police investigation into a number of individuals in relation to potential war crimes. My right hon. Friend will also understand that, as this is a live police investigation, there is no more I can say on this matter, for fear of prejudicing a fair trial here or anywhere else, and that is where we have to leave it. Those are the facts we find before us.

The Government are not shielding any war criminals, and nor should we. We would not do that. We are doing our best. I have raised the issue with the counter-terrorism police, and they say that the timescale for these investigations is not 10 years but more like between three and five years. I can assure my right hon. Friend that if the police require more resource or if they come up against an obstacle relating to international relations, the Government are standing by to help, to expedite and to ensure that those suspected of war crimes face full justice, but there is absolutely no case that this Government or any previous Government have shielded them from any war crimes trials that they might face.

I am grateful to the right hon. Member for Sutton Coldfield (Mr Mitchell) for applying for this urgent question on such an important matter, and I am grateful to you for granting it, Mr Speaker. The Rwandan genocide took place in 1994, and its recent 25-year anniversary was a haunting reminder of what happened. It was an atrocious act of violence, with hundreds of thousands of people being killed in just 100 days. That such a heinous act took place while the world stood by is a stain on the international community.

Allegations have been made against five individuals whose extradition to Rwanda was not granted by the High Court in 2017. I will not comment specifically on the individuals themselves. It has, however, been reported in the past couple of days that Scotland Yard received a referral from the Rwandan authorities in January 2018, and that Scotland Yard officers were sent to help with the investigation regarding those individuals, as the Minister has confirmed today.

It is right that these allegations are investigated in this country. We believe in a rules-based international order. If that is to mean anything, a crime against humanity must be considered as a crime against us all; no matter where in the world it takes place, all efforts must be made to pursue justice for victims. Although the Minister must be circumspect about what he says with an investigation ongoing, can he reassure the House that all necessary resources will be put at the disposal of the investigation, that all possible efforts to gather evidence will be made and that, although it will of course be complex, the investigation will be carried out carefully and as speedily as possible?

I can give the hon. Gentleman that reassurance. At the beginning of this year, I got an update from the counter-terrorism police about the conduct of any investigations relating to people from Rwanda. In fact, I briefed my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) on that at about the same time to make sure he realised we are not forgetting this. We are not going to forget the genocide, and nor are we going to forget bringing those people to justice. I am very happy to keep the House posted, as we are allowed to. Nevertheless, with respect, we have to remember that this is a live police investigation and therefore all the safeguards apply.

Other countries with very strong records of protecting asylum and the rights of individuals under criminal investigation, such as Canada, Norway, Denmark, Sweden and the Netherlands, have seen fit to extradite suspects back to Rwanda. Why have we not?

If my right hon. Friend has a problem with the judiciary, I suggest he takes that up with the Lord Chief Justice. We have to respect the ruling of the High Court, which took the view in July 2017 that these people would not face a fair trial if extradited. We fought the case, we took it to the Court, the Court decided otherwise, and we have to respect that ruling.

I congratulate the right hon. Member for Sutton Coldfield (Mr Mitchell) on securing this urgent question, and I thank you, Mr Speaker, for granting it, as the 100 days of commemoration of the 25th anniversary begin. I was part of the Commonwealth Parliamentary Association delegation to Rwanda last year—I think it was the first ever CPA delegation to Rwanda—and saw at first hand the efforts that are being made to achieve justice and build peace. However, the question of alleged perpetrators remaining overseas leaves a cloud hanging over those efforts. It is not fair either to those who are accused or to the victims that these accusations are left untested.

Building on some of the questions that have already been asked, and accepting the role of the judiciary, what discussions have been had with other countries about why they felt able to allow extraditions? If the justice system here has concluded that a fair trial cannot be conducted in Rwanda, a way has to be found to achieve justice here. Is the Minister confident that the Met police has enough resources to complete its inquiries? What is the planned timescale for the next steps once those inquiries are concluded? Can he assure us that those steps will be taken as quickly as possible so that justice is both done and seen to be done?

I can assure the hon. Gentleman that I meet the head of counter-terrorism policing at least once a week, and we discuss a wide range of issues. If there is an issue with resource pressure in this particular case, or in other cases, we will no doubt discuss it and do what we can to solve it. Other courts and other countries have different statute books and different legislative arrangements. We go by our courts, and our courts made that ruling. That is regrettable. I am frustrated, and not just in this case; any Home Office Minister will often see their decisions and their attempts to extradite sometimes very dangerous people struck down. However, that is the rule of law—that is the rules-based system we are in—and, whether I like it or not, it is quite right that we follow it.

With chain gangs labouring in uniforms of magnificent pink, like that worn by my hon. Friend the Member for Redditch (Rachel Maclean), is there not much we can learn from the Gacaca court system?

Well, I am not going to comment on that, but it is very clear that successive Governments have tried to extradite these people to face justice in Rwanda. The courts took a different view. We then stepped up to the plate, and the police, in an operational decision, had to investigate. I am not a learned gentleman with the ability to compare different legal systems, and nor will I attempt to.

I will not ask the Minister to comment on these particular cases, but given the decision of the High Court in 2017, can he assure the House that there is no obstacle in principle to anyone who is accused of war crimes, genocide or crimes against humanity facing justice in this country, provided the evidential test is met?

I can give the right hon. Gentleman that assurance. When it comes to war crimes, under our obligations in the convention there is no barrier at all.

Twelve years ago, I sat in on one of those Gacaca courts and saw some of these genocide suspects being put on trial. It was a rough and ready process, but does the Minister agree that a huge amount of work has been done over the years by the international community, including by British lawyers and experts, to help Rwanda improve its justice system? It has abolished the death penalty. Does he agree that there is no problem in principle with extraditing suspects to Rwanda to face trial?

It is our view—it was the Government’s view—and that is why we contested the case. Unfortunately, it was not the view of the UK courts.

May I plead with the Minister for a greater sense of urgency in this case? The right hon. Member for Sutton Coldfield (Mr Mitchell), whom I congratulate on securing the urgent question, talked about a 10-year delay. The Minister said there was a three to five-year delay. Three to five years is still too long. It is 25 years since the genocide in Rwanda. May we please have a sense of urgency from the Government?

The hon. Gentleman will have heard me say that it was not until 2017 that we started the investigation here at the request of the Rwandans, so it is not that we have not been doing it for 20-odd years. If there is a requirement for resources, that will be discussed every week with the counter-terrorism police, and I stand by ready to help with that. However, the hon. Gentleman will also want us to ensure that if these people come before a court, they are convicted and that we present the best case possible to ensure that the charges they face are upheld and stick.