This is quite possibly the fate that awaits Kabuga

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The immediate next step would be for the Trial Chamber to stay proceedings, order provisional release of Kabuga and institute a monitoring and reporting regime to keep track of his health.

However, releasing Kabuga would not be a straightforward issue for the Mechanism. The Mechanism, as well as its predecessorthe ICTR, has historically, found it extremely difficult to effectuate the release of persons who have been tried for their involvement in the Rwandan genocide. Most of the former defendants before the ICTR (both the acquitted and persons released on completion of their sentence) cannot return to Rwanda for fear that they may face re-prosecution or other violations of their human rights. As a resolution to the problem of relocating and resettling some acquitted and released persons, the Mechanism entered into a relocation agreement with Niger for the transfer of eight men previously in its custody to Niger. However, Niger promptly breached the terms of the buy phone number list agreement and have held the men under house arrest since their relocation to the country in December of 2021. The men have since lived under deteriorating conditions where they are forced to ration food and water. One of the men Tharcisse Muvunyi, who had completed the sentence imposed by the ICTR but was still held under house arrest in Niger, recently died in custody without ever regaining his freedom.

Unless a State steps up to cooperate with the IRMCT, it is quite likely that Kabuga will remain in custody even if the Trial Chamber orders his provisional release. The IRMCT has been notably hesitant to order states to cooperate on issues of releasing defendants. One must wonder why a mechanism capable of inventing brand new procedures for the purpose of finding defendants culpable of criminal acts, chooses to remain completely docile when it comes to protecting the rights of defendant in cases of release. However, I do not want to predict what could happen in Kabuga’s case, as I am quite optimistic that the Appeals Chamber decision will usher in a new era of protecting the rights of defendants.