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