The appeal is suspensive. As long as it will not be examined by the final court of appeal, the highest French judicial body, Ntawukuriryayo can not be handed over to the ICTR.
The tribunal issued on 21 September 2006 a warrant for his arrest and transfer against this former sub-prefect born in 1942 and arrived in France where he had a legal status.
Thierry Massis, one of Ntawukuriryayo's lawyers, announced his intention to appeal the decision of the investigating chamber of the Court of Paris Appeal.
Alain Gauthier, president of the collective of the civil parties for Rwanda, was pleased with the decision of the Court of Appeal of Paris; even if he knows "pertinently that the ICTR will not have time to try him". Indeed, the first instance trials must be finished be the end of 2008.
The investigating chamber will examine next Wednesday the new release request filed by Ntawukuriryayo.
Ntawukuriryayo was arrested on 16 October in Carcassonne under the terms of an ICTR warrant for his arrest and transfer which accuses him of genocide and crimes against humanity.
"Because of the acts of Dominique Ntawukuriryayo and those of his subordinates, no less than 25 000 Tutsi refugees were killed on the Kabuye hill from 21 to 25 April 1994", it is written in the ICTR indictment.
In April 2006, 32 Rwandan nationals had filed charges in Carcassonne against this former sub-prefect. The police was not able to find Ntawukuriryayo's residence.
On 30 October, new charges were filed, this time in Paris, by the collective of the civil parties for Rwanda (CPCR) and by several dozen Rwandan nationals.
Two persons have already been handed over to the ICTR by France. The former Minister for Higher Education, Scientific Research and Culture, Jean de Dieu Kamuhanda, arrested in November 1999, had his sentence of life in prison confirmed in appeal in September 2005. A former officer, François-Xavier Nzuvonemeye was arrested in February 2000 in France and is presently on trial.
© Hirondelle News Agency