UPDATE ON BACOR CASE INVOLVING VALENS KAJEGUHAKWA

C O N F I D E N T I A L KIGALI 001189 SIPDIS SIPDIS DEPT PLEASE PASS TO DHS E.O. 12958: DECL: 10/13/2016 TAGS: PREL KCRM RW SUBJECT: UPDATE ON BACOR CASE INVOLVING VALENS KAJEGUHAKWA REF: A. 11/20/06 EHRENREICH E-MAIL TO KIGALI ¶B. 11/30/06 LEARNED E-MAIL TO DEPT Classified By: Ambassador Michael R. Arietti, reason 1.4 (B/D) ¶1. (C) Ambassador discussed the Banque Continentale Africaine-Rwanda (BAKOR) case with Rwandan Prosecutor General Martin Ngoga on December 6. Mission understands the Department has been requested by DHS to secure additional information on the disposition of the case as it concerns the four fellow defendants of Valens Kajeguhakwa, former Deputy in the Chamber of Deputies of the Rwandan Parliament, who fled Rwanda to escape prosecution on embezzlement charges (ref e-mails). ¶2. (C) Ngoga called to his office the prosecutor who has handled the case from its inception, and they jointly reviewed the case file in front of the Ambassador. They offered the following information on the four men: --Kitzito Karanga died in prison in 2005 (we understand of complications from diabetes). --The trial court issued its decision in the case on July 27, 2005 (after the death of Karanga),in which it acquitted Innocent Munyankindi, and found Jean Chrysostome and Sylvestre Mupenda guilty of embezzlement and breach of trust. Munyankindi was released, and Chrysostome and Mupenda remained in custody. --The GOR appealed the acquittal of Munyankindi, while Chrysostome and Mupenda appealed their conviction. Munyankindi remains at liberty pending the GOR appeal. Chrystostome and Mupenda were released on bail in May, 2006, pending their appeal. ¶3. Regarding the 2004 re-arrest of the defendants, where they were supposedly released and re-arrested the same day, according to Ngoga the original indictment was successfully challenged by the defendants. The prosecution, realizing the weaknesses of the original indictment, and anticipating their release, had prepared a second indictment with new facts and new charges and presented it to the judge in the case, who accepted it and ordered their re-arrest. Ngoga said the men were released one day and picked up the next. ARIETTI