By William Miller

Impunity Watch Reporter, North America

OTTAWA, Canada – A Canadian federal court refused to give former Rwandan ambassador to Canada Maximin Segasayo a hearing to determine whether he was complicit in war crimes on Thursday, February 18, 2010. The court held that Segasayo could not receive a hearing because he was a senior official and was presumed to be complicit.

Segasayo came to Canada in 1991 to serve as Rwanda’s ambassador to Canada. He served in that position until 1995 when Rwanda ordered him to return. Segasayo refused to return and was granted refugee status in Canada.

In 1998 Canada declared that the Rwandan government had “engaged in gross human rights violation, genocide, war crimes or crimes against humanity” during the 1994 genocide. During the genocide, members of the Hutu tribe killed 800,000 members of the Tutsis tribe. The genocide ended when a rebel group overthrew the Hutu controlled government and seized control of Rwanda.

Seqasayo was denied status as a landed immigrant in 1998 because he was a senior member of the Hutu tribe. The Canadian government has been trying to deport him ever since.

On Thursday, Federal Judge Sean Harrington found that Segasayo was not entitled to a federal hearing because there was an irrebuttable presumption that senior officials in a regime were complicit in war crimes. As a result, Segasayo a senior member of the Hutu tribe was not eligible for a hearing to determine if he was complicit in the war crimes.

The judge also held that the case was not ripe for adjudication in court because Segasayo had not yet exhausted all avenues of appeal.

This is the third time Segasayo has lost in federal court during his twelve year fight to stay in Canada. During that time he has also sought a ministerial exemption stating that he was not implicit in any of the atrocities that took place during the Rwandan genocide. An attempt to obtain refugee status from the immigration board claiming that as a member of the Hutu tribe he would be subjected to persecution if returned to Tutsis controlled Rwanda.

For more information, please see:

AFP – Canadian Court Denies Rwandan Envoy’s Refugee Bid – 19 February 2010

Montreal Gazette – Former Diplomat Loses Fight to Stay – 19 February 2010

Ottawa Citizen – Former Rwandan Ambassador Loses Key Court Fight to Stay In Canada – 18 February 2010