C O N F I D E N T I A L KINSHASA 001782

SIPDIS

E.O. 12958: DECL: 09/22/2014
TAGS: PGOV CG RW ICTR
SUBJECT: CRY OF ALARM--MISSING ICTR INVESTIGATIONS


Classified By: Polcouns Melissa Sanderson for Reasons 1.5 B and D


1. (SBU) Summary: Embassy Kinshasa previously has expressed
its concern that ICTR's management is sometimes
counterproductive and reduces its efficiency. Recently,
personnel changes have reinforced our concerns. The Security
Council anticipates ending investigations by the end of 2004,
but we fear that effectively the mandate already has been
relinquished. End Summary.

BACKGROUND
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2. (SBU) As recently as June 29, the Chief Prosecutor of the
ICTR reported to the UN Security Council that "most of the
indicted Rwanda genocidaires still at large are most probably
in the Democratic Republic of the Congo and that all the
efforts being made to apprehend them and transfer them to the
Tribunal have not borne much success." In our view, part of
the blame for this failure rests with the ICTR, which has
failed to provide resources or obfuscated efforts to address
the problem.


3. (SBU) In November 2003 Ambassador Pierre Prosper and
Kinshasa Rewards for Justice Coordinator traveled to Arusha
for discussions with the Tribunal and Kigali with Chief of
Investigations, Richard Renaud. At that time Prosecutor
Jallow and Mr. Renaud were urged to travel to Kinshasa to
meet with DRC officials and with MONUC to work out procedures
and arrangements necessary to bring those indicted by the
Tribunal to justice. Neither Prosecutor Jallow, nor any of
the ICTR principals have made the effort to travel to
Kinshasa to address issues with the government or MONUC.


4. (SBU) Beginning in May 2003 Embassy Kinshasa has requested
investigative support from the ICTR to track genocidaires
located in the Democratic Republic of Congo and Republic of
Congo. These are targets who have been uncovered by tips to
the Rewards for Justice Program. The Chief of
Investigations, Richard Renaud, has only begrudgingly made
investigators from the Tracking Team available when pressured
by Embassy Kinshasa or S/WCI. The governments of the DRC and
the ROC have arrested five indicted genocidaires with
investigative assistance from ICTR Tracking Team
investigators Moussa Sanogo and Michael Penda. Many more
potentially could have been brought to justice by a more
proactive ICTR.


5. (SBU) The UN Security Council has established an exit
strategy for the ICTR which envisions all investigations and
arrests completed by the end of 2004. Recent personnel
changes suggest that ICTR may already have closed this part
of its mandate. Investigator Moussa Sanogo, the most senior
and experienced of the Tracking team investigators has been
reassigned to provide investigative services for the ongoing
military trials in Arusha. Investigator Sanogo has developed
multiple resources and contacts in Congo-Brazzaville and in
the DRC over the more than two years he has investigated in
the area and was involved in all five successful cases.

COMMENT
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6. (C) Embassy Kinshasa has observed that the Chief of
Investigations is uncomfortable working with and does not
seem to trust his African subordinates, and it is alleged
that he had attempted to replace them with non-Africans of
his acquaintance. Mr. Renaud has also been accused of
preventing or interfering with investigations that would lead
to the capture of the remaining worst genocidaires. Although
the government of DRC has requested for two years that the
ICTR have an ongoing presence in the DRC and although the
Prosecutor points out that the largest number of remaining
genocidaires at large are in the DRC, Renaud is disassembling
the tracking team, effectively preventing further
investigations in the time remaining.
MEECE