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A Quebec judge has dismissed the case of a former senior Rwandan politician who was deported from Canada and ended up in prison for his role in the central African country’s genocide more than three decades ago.
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Léon Mugesera, 74, is serving a life sentence in Rwanda for hate speech aimed at stirring up killings of minority Tutsis in the early 1990s. Canada deported him to Rwanda in January 2012.
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He took Attorney General Sean Fraser to Federal Court claiming that his “fundamental rights are being violated in his homeland, and that Canada has the duty to intervene with the Rwandan government in light of the diplomatic assurances received prior to his removal from Canada.”
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Justice Denis Gascon concluded in a recent decision out of Montreal that Canada owes Mugesera nothing.
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“Canada did not and does not have an ongoing obligation to monitor the way the Rwandan authorities have been treating Mr. Mugesera since his removal from Canada,” Gascon said.
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“Given the absence of any obligation on Canada in this regard, the court is of the opinion that Canada’s conduct did not contribute to the violations of fundamental rights that Mr. Mugesera claims to be suffering at the hands of the Rwandan authorities in Rwanda.”
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About 800,000 Tutsis and moderate Hutus were killed by extremist forces in the regime, then dominated by Hutus, in 1994 over a period of 100 days.
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Mugesera, a university professor and influential politician, made a speech in 1992 that incited the slaughter of the minority Tutsis. He fled the country, arriving in Canada in 1993 as a permanent resident, along with his wife and five children. But his status was revoked and he was ordered deported in 1996 when authorities learned he wasn’t forthcoming on his application form when entering Canada. His wife is a Canadian citizen and still living in Canada, according to Gascon’s ruling.
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Mugesera appealed the deportation order all the way to the Supreme Court, which ruled unanimously in 2005 that there were reasonable grounds to believe he had committed crimes against humanity.
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It then took six years for the Canadian government to assess the risk to Mugesera’s life if returned to Rwanda.
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When Canada again ordered him deported in December 2011, Mugesera’s lawyers, convinced their client had no chance of a fair trial in Rwanda, turned to the Federal Court, Quebec Superior Court and the United Nations in failed last-ditch efforts to keep him here.
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In April 2016, the Rwandan high court convicted Mugesera, who had been a regional vice-chairman in the ruling party, of genocide and crimes against humanity.
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Mugesera has since alleged that his “physical and moral integrity was undermined many times by the Rwandan authorities,” that his “conditions of detention constitute mistreatment,” and that “he received death threats from and was regularly humiliated by the Rwandan authorities, which contributed to his psychological distress,” according to the Federal Court decision.