MEDIA COVERAGE OF BIZIMUMGU TRIAL REFLECTS

UNCLAS KIGALI 000180

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SENSITIVE
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DEPT FOR AF/C AND DRL
EUCOM FOR POLAD

E.O. 12958: N/A
TAGS: PGOV KDEM PHUM RW
SUBJECT: MEDIA COVERAGE OF BIZIMUMGU TRIAL REFLECTS
DIVERGENT VIEWS OF JUDICIARY

REF: A. KIGALI 168

B. KIGALI 54

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1. (U) Summary: Local and international media provided
mixed commentary on the Bizimungu verdict announced February
17 (reftel). While some lauded the long-awaited decision of
the Rwandan Supreme Court as a positive development in
Rwanda's judicial reform process and an example of the
judiciary's independence, others criticized the trial and
outcome as politically motivated. Others simply reported
the facts of the decision, as announced by the Court,
without further comment on the decision itself or the merits
of the case. End summary.

Evidence Cited by Court
--------------


2. (U) Pro-government newspaper "The New Times" (TNT)
detailed the basis of the Supreme Court's decision to uphold
the lower court's guilty verdict and 15-year sentence on
former President Bizimungu. The newspaper quoted Court
President Aloysie Cyanzayire as stating during sentencing
that Bizimungu will serve 15 years total (the maximum 10-
year sentence for the additional conviction of treason and
the five-year sentence for his prior conviction of
embezzlement). The sentence on the treason conviction will
run concurrently with his prior five-year sentence for
formation of a criminal association and five-year sentence
for incitement of civil disobedience.


3. (U) According to TNT, Cyanzayire cited the most
aggravating factor supporting the charge of treason as
Bizimungu's 2001 interview with French weekly magazine
"Jeune Afrique," in which he stated that "The Rwandan army
top brass is comprised 100 percent of Tutsis, while Hutus
make up 85 percent of the population, and in ten to fifteen
years Hutus will again take up arms and lure Tutsis out of
the country." Additional evidence cited by Cyanzayire
included two letters found in Bizimungu's residence that
were written by self-exiled renegade Rwandan Army Major
Alphonse Furuma and addressed to President Kagame and Papal
Nuncio that were critical of the RPF.


4. (U) Government-owned "Radio Rwanda" similarly reported
the facts of the Supreme Court's decision but did not
provide any comment on the decision or the merits of the
case. It stated only that the Court affirmed the 15-year
jail sentence of Bizimungu, who was found guilty of
"treason, spreading malicious rumors aimed at inciting the
public against the government, and creating a criminal
association." It also reported that his co-defendant,
former Minister of Transport Charles Ntakirutinka was
sentenced to ten years, while the other co-defendants were
acquitted of all charges and ordered immediately released.

Positive Sign of Judicial Independence
--------------


5. (U) In contrast, independent radio "Contact FM" praised
the Court's decision to acquit the six co-defendants, who
were tried jointly with Bizimungu and Ntakirutinka, as a
positive sign demonstrating the independence of the Rwandan
judiciary. (Note: The 2003 Constitution established the
Rwandan judiciary as a separate branch of government. End
note.)

Criticisms of Political Motivation
--------------


6. (U) Other independent media, however, took a more
critical view of the Court's decision. Independent "Radio
France International" (RFI) commented that the Court's
decision to uphold Bizimungu's conviction was not only a
serious decision with consequences for Bizimungu but a
warning for anyone considering challenging the ruling RPF,
as did the former president in attempting to create an
independent political party. Agence France Press (AFP)
commented that Bizimungu was a prisoner of his own views.
It dismissed his trial as purely politics and said that the
verdict must be viewed in that context.


7. (U) BBC reporter Geoffrey Mutagoma observed that the
courtroom was so packed that it was difficult to see
Bizimungu's reaction as the court upheld his conviction.

Ntakirutinka's wife told BBC afterwards that she was not
surprised by the decision, while another person who was
interviewed by Mutagoma viewed the trial as demonstrating
that the Rwandan judiciary had matured.


8. (SBU) Former Prime Minister Celestin Rwigema, living in
exile in the U.S., dismissed the trial as "du theater" (a
theatrical farce) during an interview with VOA. Contrary to
those who regarded the decision as a reflection of the
judiciary's independence, he remarked that it shows that the
"Rwandan judiciary is not free and works under the RPF and
President Kagame."


9. (SBU) Jean Paul Turinzwenamungu, Executive Secretary of
the Rwandan League for the Promotion and Defense of Human
Rights (LIPRODHOR),Rwanda's largest human rights NGO, also
regarded the verdict as "politically motivated" rather than
independent. He pointed out that the January 17
postponement of the decision for no reason was an indication
that the Supreme Court was not sufficiently independent to
render its own decision. (Note: On January 17, the Supreme
Court clearly stated its reason for the postponement as a
need for additional time to carefully review and document
the voluminous facts of the case (ref B)). He said that by
convicting Bizimungu of criminal association, affirming the
lower court's decision despite the prosecution's failure to
provide sufficient evidence to sustain the conviction, the
Supreme Court demonstrated lack of independence.
Turinzwenamungu attributed the absence of loud public outcry
over the verdict to self-censorship among civil society,
which otherwise would have mobilized and put pressure on the
GOR.


10. (SBU) Francine Rutazana, Executive Secretary of the
League of Human Rights for the Great Lakes Region (LDGL),a
regional NGO based in Kigali, shared LIPRODHOR's view of the
verdict as "highly politically motivated." She believed
that Bizimungu's arrest was motivated by his intended
candidacy for the 2003 presidential elections. She
expressed disappointment over the Supreme Court's lack of
independence and perspicacity, and questioned the Court's
decision to let the former president suffer unjustly in
prison. She added that LDGL was afraid to publicly
criticize the Supreme Court and preferred to exercise self-
censorship.

Comment
--------------


11. (SBU) The four-hour proceeding was conducted in a calm,
orderly, meticulous manner, with a detailed recounting of
the facts of each case, followed by a lengthy reading of
each defendant's verdict and sentence (ref A). While
observers generally commented that Friday's court proceeding
appeared more organized and procedurally transparent than
the lower court's 2004 proceeding, the range of commentary
from local and international media based in Rwanda reflects
the ongoing divergence of opinion over the initial charges
on which Bizimungu and Ntakirutinka were accused and
convicted.