Kanyarukiga is accused of genocide, complicity in genocide and extermination.
"The Appeals Chamber confirms decision of the First Instance Chamber's refusal the transfer of the case [Kanyarukiga] to Rwanda", stated a ruling Thursday, a copy of which has been obtained by Hirondelle.
The prosecutor's motion, aiming at transferring the Kanyarukiga case to Rwandan courts, was rejected on 6 June by the First Instance.
Rejecting the appeal, the upper court was not been convinced that the fundament right of Kanyarukiga to obtain the appearance of his witnesses under the same ICTR conditions can be guaranteed currently in Rwanda.
The fear also persists that the defendant, if convicted, can face life imprisonment in isolation, the heaviest sentence under the Rwandan penal code after the abolition last year of capital punishment.
For the same reasons, the Appeals Court last month rejected another motion of transferring former businessman and genocide-accused, Yussuf Munyakazi.
The prosecution considered transferring some cases to Rwanda to facilitate the completion strategy of the Tribunal.
© Hirondelle News Agency