US jury convicts Rwandan who fled through Kenya over genocide testimony

By  Hilary Kimuyu

Correspondent

Nation Media Group

More than three decades after the 1994 genocide, prosecutions in the United States and elsewhere are keeping the search for accountability alive, even as the fate of several high-profile suspects exposes the limits of international justice.

A United States jury has convicted a Rwandan-born man living in Ohio of lying under oath about his alleged involvement in the 1994 genocide against the Tutsi, in a case that underscores how the pursuit of accountability has followed suspects across continents.

Eric Tabaro Nshimiye, 54, was found guilty of four counts of perjury and one count of obstruction of justice after prosecutors accused him of lying during the 2019 trial of Jean Leonard Teganya, a former medical school colleague who was convicted of immigration fraud and perjury.

A US Department of Justice press release on Wednesday said the jury convicted Nshimiye of lying to a federal jury during the 2019 trial in Boston of Jean Leonard Teganya, a Rwandan national convicted of genocide-related crimes.

“Eric Tabaro Nshimiye lived under a web of lies and deception. He obtained refuge in this country by lying to immigration officials about his involvement in the Rwandan genocide and the appalling acts he committed against the Tutsi community,” said US Attorney Leah B. Foley.

“The United States protects victims, not violent criminals. This verdict ensures Nshimiye can no longer hide behind his lies,” she added.

Nshimiye fled Rwanda in 1994, travelled through Kenya and entered the United States in 1995, where he obtained refugee status before later becoming an American citizen, according to the US Department of Justice.

His conviction, announced more than 32 years after the genocide, highlights a persistent challenge for investigators and prosecutors: establishing accountability for atrocities committed decades ago, often in cases where suspects have built new lives abroad.

“For nearly three decades, this defendant concealed his involvement in the 1994 Rwandan genocide and the heinous acts of violence he committed, including clubbing people to death,” said Assistant Attorney General A. Tysen Duva for the Justice Department’s Criminal Division.

“Then, he lied to immigration officials in order to become a US citizen, and he lied to a federal jury to protect himself and a fellow perpetrator of the Rwandan genocide. Now, he will face the consequences of his crimes thanks to the courage of the survivors in this case and the diligence of our prosecutors and law enforcement partners who have ensured that Nshimiye will not be able to escape his past.”

The statement said that the charge of obstruction of justice provides a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000.

The charges against Nshimiye concern his testimony and alleged efforts to obstruct justice. He has not been convicted of genocide in this case.

Prosecutors alleged that Nshimiye concealed his own past when seeking refuge in the United States and later denied that he and Teganya had participated in the killings or belonged to Rwanda’s ruling party at the time.

Witnesses testified that Nshimiye, then a medical student in Butare, southern Rwanda, had taken part in attacks against Tutsis, including beating victims with a club and helping identify people targeted at roadblocks.

"Wolf in sheep’s clothing"

His defence challenged the allegations, arguing that they were fabricated and that he was not in Butare when the violence began.

“Eric Nshimiye is a wolf in sheep’s clothing, masquerading as a refugee in the United States in an affront to the thousands of Rwandans terrorised and displaced by the genocide in which he violently participated. For decades, he lived the American dream by building a life on a foundation of lies. Now, a federal jury has brought his deception to an end,” said HSI New England Acting Special Agent in Charge Jeffrey Grimming.

“This verdict belongs to the victims who bravely shared their stories, travelling across the world to relive the most horrifying moments of their lives and bring Nshimiye to justice. We are deeply grateful for their contribution and sacrifice,” he added.

According to the press statement, US Senior District Court Judge F. Dennis Saylor IV scheduled Nshimiye’s sentencing for January 26, 2027.

Nshimiye’s journey through Kenya reflects the regional displacement that followed the genocide, when people fled Rwanda for neighbouring countries and destinations farther afield. In subsequent decades, investigators have pursued alleged perpetrators in Africa, Europe and North America.

The genocide against the Tutsi, organised by extremist political and military elements, killed hundreds of thousands of people in approximately 100 days in 1994. Its aftermath transformed Rwanda and the wider Great Lakes region, producing mass displacement and a long-running effort to prosecute those suspected of planning or carrying out the killings.

The International Criminal Tribunal for Rwanda (ICTR) prosecuted senior figures responsible for the genocide before closing in 2015. Its remaining functions were assumed by the International Residual Mechanism for Criminal Tribunals (IRMCT), which retained responsibility for certain cases and for tracking fugitives indicted by the tribunal.

But the closure of the ICTR did not end the pursuit of suspects. Some cases were transferred to national jurisdictions, while others continued before the residual mechanism.

One of the most prominent fugitives was Fulgence Kayishema, who was arrested in South Africa on May 24, 2023, after evading arrest for more than two decades. He was accused of helping plan the killing of more than 2,000 Tutsi men, women and children who had sought refuge in a church in western Rwanda in April 1994.

The indictment alleged that Kayishema and others tried to burn the church before using a bulldozer to bring it down, killing those inside, and later arranging the removal of bodies to mass graves. These are allegations that must be tested through judicial proceedings.

Human Rights Watch described his arrest as an important milestone in the search for justice, arguing that the passage of time should not shield people accused of the gravest international crimes from prosecution.

“Kayishema’s arrest shows there is no expiration date on justice for the most serious crimes,” said Lewis Mudge, the organisation’s Central Africa director, in a statement issued at the time.

The case also illustrates the complex path between arrest and trial. Kayishema’s case had been referred to Rwandan authorities in 2012, but his arrest came only in 2023. His subsequent legal proceedings involved South African courts and the international mechanism, with the question of transfer to Rwanda forming part of the process.

The pursuit of justice has also been complicated by the deaths of several high-profile fugitives before they could stand trial.

Félicien Kabuga, accused of helping finance and organise the genocide, was arrested in France in May 2020. His trial opened before the IRMCT in September 2022 but was suspended while judges considered whether he was medically fit to stand trial.

Augustin Bizimana, Rwanda’s defence minister during the genocide, was confirmed dead in 2020 after his remains were identified in the Republic of Congo. Protais Mpiranya, who commanded the presidential guard during the genocide, was confirmed dead in 2022. The IRMCT also confirmed the death of fugitive Phénéas Munyarugarama, who died in the Democratic Republic of Congo in 2002.

For survivors and relatives of victims, such deaths have meant the loss of an opportunity to see those accused of responsibility answer the charges in court.

The cases demonstrate the practical difficulties of international prosecutions: suspects may remain at large for decades, evidence may become harder to obtain, witnesses may die and proceedings can be complicated by questions of health, jurisdiction and the transfer of accused persons between countries.

Beyond locating suspects, the pursuit of accountability has raised questions about where they should be tried and whether national courts can guarantee independent proceedings.

Human Rights Watch has argued that, although trials close to victims and affected communities can strengthen accountability, Rwanda’s justice system has faced concerns over judicial independence and possible political interference in sensitive cases.

The organisation opposed the transfer of Kayishema’s case to Rwanda in a 2008 submission to the ICTR, arguing that fair-trial guarantees could not be assured. It has also documented concerns raised during other cases transferred to Rwandan courts, including allegations by Ladislas Ntaganzwa about his prison conditions and access to defence lawyers.

Ntaganzwa, a former mayor whose case was transferred to Rwanda, was convicted of genocide and related crimes in 2020 and sentenced to life imprisonment. His conviction and sentence were upheld on appeal in 2023. The monitoring of his proceedings also raised questions about detention conditions, defence access and the protection of confidential legal material.

These concerns do not negate the need to prosecute genocide suspects. Rather, they underline the importance of ensuring that proceedings meet international standards, including the right to a fair and public hearing, access to legal representation and judicial independence.

The IRMCT retains powers to monitor cases referred to national jurisdictions and, under its statute and rules, can revoke a referral if it determines that the accused will not receive a fair trial.

The experience of Paul Rusesabagina, whose 2021 conviction in Rwanda followed a controversial arrest and transfer to the country, has also drawn international scrutiny overdue process and the treatment of government critics. His sentence was commuted by presidential order in 2023.

For international justice institutions, the challenge is therefore twofold: ensuring that alleged perpetrators are brought before a court, while protecting the rights of the accused and preserving the credibility of the proceedings.

Nshimiye’s conviction differs from cases involving direct charges of genocide. It concerns alleged lies to a federal jury and obstruction of justice, rather than a judicial finding that he personally committed the mass killings.

Nevertheless, it illustrates how immigration proceedings, witness testimony and prosecutions for perjury can become part of the wider effort to establish the truth about atrocities committed decades earlier.

For East Africa, the cases also highlight the region’s place in the aftermath of the genocide. Kenya and other neighbouring countries were destinations for people displaced by the violence, while the Democratic Republic of Congo became a place of refuge for some fugitives later sought by international investigators.

The enduring challenge is to ensure that the passage of time, movement across borders or the closure of an international tribunal does not automatically end the prospect of accountability.

But the deaths of suspects before trial, the difficulty of gathering evidence and disputes over fair-trial safeguards show that arrest alone cannot deliver justice.

Ultimately, the legitimacy of the process depends not only on whether suspects are found, but also on whether courts establish responsibility through credible proceedings that respect the rights of victims and defendants alike.

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