Since concluding its work in December 2015, the International Criminal Tribunal for Rwanda (ICTR) had yet to secure a host country for nine acquitted or released individuals. These included four Rwandans acquitted of charges — Prosper Mugiraneza, Protais Zigiranyirazo, François-Xavier Nzuwonemeye, and André Ntagerura — as well as four individuals released after serving their sentences: Anatole Nsengiyumva, Tharcisse Muvunyi, Alphonse Nteziryayo, and Innocent Sagahutu. Despite being legally free, they spent between 10 and 17 years living under secure residence near the ICTR headquarters in Arusha, Tanzania, waiting for relocation and identity documentation.
On November 15, 2021, a milestone agreement between the United Nations and the Government of Niger offered a potential solution. Under this agreement, Niger was to permanently resettle the nine stateless individuals. Two weeks later, eight of them safely arrived in Niger, with the development formally announced by Judge Carmel Agius, President of the UN Mechanism for International Criminal Tribunals, during a speech to the UN Security Council on December 13, 2021.
However, one of the nine, Jérôme Bicamumpaka, opted out of the relocation, citing medical concerns. Having undergone treatment for five months at a Nairobi hospital, he expressed concerns over the lack of specialized medical facilities in Niger.
The situation took a sudden and dramatic turn on December 27, 2021, when Niger issued a decree expelling the eight newly resettled individuals, permanently banning them from its territory “for diplomatic reasons.” This decision shocked observers and undermined the relocation efforts that had been praised just two weeks prior.
Legal and Human Rights Implications under the African Charter
The expulsion order by Niger, alongside the prolonged statelessness and lack of identity documentation faced by the acquitted individuals, raises serious concerns under the African Charter on Human and Peoples’ Rights (ACHPR).
Right to Freedom and Security (Article 6)
The Charter guarantees every individual the right to liberty and protection from arbitrary arrest or detention. Despite their acquittals or completed sentences, the prolonged restriction of movement, lack of legal status, and constant police surveillance of these individuals amount to a violation of their right to freedom and security.
Right to Dignity (Article 5)
The inhumane conditions these individuals have endured — including being stateless, undocumented, and deprived of basic freedoms — violate their inherent dignity as human beings. The failure to provide a permanent resettlement solution continues to subject them to degrading treatment.
Protection Against Expulsion (Article 12)
The expulsion decree issued by Niger contradicts the ACHPR provision that prohibits the expulsion of legally resident persons without lawful procedures. Niger’s decision undermined the agreement made with the UN and jeopardized the legal status of individuals protected under international and regional human rights frameworks.
Right to Health (Article 16)
Bicamumpaka’s decision to reject relocation due to inadequate healthcare in Niger highlights the right to enjoy the best attainable state of physical and mental health under the Charter. States are obligated to ensure that all persons within their borders have access to necessary healthcare facilities.
Legal Proceedings and Calls for Justice
In response to the expulsion order, three of the eight individuals filed an application with the Mechanism on December 29, 2021, seeking to suspend the expulsion and secure their continued stay in Niger until a permanent solution could be found. On December 31, Judge Joseph E. Chiondo ordered Niger to suspend the expulsion and submit observations on the decree within 30 days.
Nigerien lawyer Hamadou Kadidiatou, representing the eight individuals, argued that the expulsion violated Niger’s legal commitments under the resettlement agreement. She warned that her clients risked deportation to Rwanda, alleging without proof that the Rwandan government was involved.
On February 22, 2022, a Mechanism judge ordered the return of the eight individuals to Arusha, Tanzania, until a permanent solution could be found.
Conclusion
This ongoing saga underscores the critical need for African states to uphold their obligations under the African Charter on Human and Peoples’ Rights. By continuing to deny these individuals their legal and human rights, the situation undermines not only international justice but also the principles enshrined in regional human rights frameworks. The case calls for greater accountability, cooperation, and adherence to legal obligations by African states in protecting the rights of acquitted or released persons under international and regional laws.
