MILITARY PROSECUTOR DISCUSSES HIGH PROFILE CASES

UNCLAS KIGALI 000716

SIPDIS

SENSITIVE
SIPDIS

DEPARTMENT FOR AF/C
EUCOM FOR POLAD

E.O. 12958: N/A
TAGS: KAWC KJUS PGOV RW
SUBJECT: MILITARY PROSECUTOR DISCUSSES HIGH PROFILE CASES

REF: A. KIGALI 687

B. 05 KIGALI 411


1. (U) Summary. On 19 July poloff met with Major Christophe
Bizimungu, Rwandan Defense Force (RDF) Chief Prosecutor, to
discuss the status of three high profile cases currently
being handled by his office. Bizimungu presented a detailed
case against Colonel Patrick Karegeya, former head of the
External Intelligence and Security Department, and confirmed
that the prosecution had appealed the sentence. Bizimungu
provided less information and insight on the trials of Major
General Laurent Munyakazi and Major Ben Karenzi as both are
currently underway, but he noted that strong cases will be
presented by the prosecutor as they proceed. End summary.

Karegeya,s Insubordination
--------------

2. (U) Major Bizimungu confirmed that Colonel Patrick
Karegeya, former National Security Service Director General
of the Department of External Intelligence and Security, is
appealing his sentence of loss of rank and 18 months in
prison and asking for a complete dismissal of the charges.
(Note. Initially, the press reported a sentence of one year,
eight months. End note.) The prosecution is asking for a 7
and a half year prison sentence in addition to the demotion
from Colonel to civilian.


3. (SBU) Bizimungu, the prosecutor who argued the case,
showed poloff some of the documentation that he used in the
trial to prove the insubordination and desertion charges and
he outlined the timeline of the events. He confirmed that
there were no written orders delivered to Karegeya (ref A),
but said that testimony, private correspondence and records
confirming the cancellation of Karegeya,s official cell
phone all prove that verbal orders were given to him by Chief
of General Staff James Kabarebe at Kabarebe,s home in Kigali
on 11 April. Desertion was added to the charge of
insubordination because he did not report for duty for over
one month from the date the verbal orders were issued.


Former Commander Tried in Tribunal and Public
--------------

4. (U) The trial of former Second Division Commanding
General MG Laurent Munyakazi, is continuing in a dramatic and
public manner. Munyakazi, charged with 13 counts of
Genocide, was judged to be a Category One Genocidaire in a
gacaca hearing last year (ref B). (Note. Accused
genocidaires are classified into three categories, Category I
being the most grievous. End note.) It is alleged that
then LtCol Munyakazi, as Commander of the "Groupe Mobile",
did not prevent Interahamwe killings, was complicit in the
killings by the soldiers under his command and committed
murders himself. Munyakazi does not deny that acts of
genocide occurred by Interahamwe and his troops in his area
of responsibility, but claims that he was powerless to
prevent the killings and denies that he personally took part
in any genocide related activities.


5. (U) The local press has been following the trial closely
and reporting in explicit detail the testimony of survivors
accusing Munyakazi of the worst types of genocide crimes.

Expired Drugs, Family Ties and South Korea
--------------

6. (U) Dr. Ben Karenzi, former Secretary General of the
Ministry of Health and an active duty Major in the RDF, was
arrested on 23 July and charged with falsifying documents,
selling expired drugs, and storing drugs in an unlawful
place. His co-defendants include his brother Amos
Kamugisha, the Honorary Consul of South Korea to Rwanda and
Vedaste Munyankindi, Director of the Pharmacy Department in
the Ministry of Health. The men are accused of operating an
unlawful pharmaceutical drug business out of Kamugishsa,s
Kigali residence- on the same compound as his South Korean
consular office. According to the Rwandan National Police,
some of the pharmaceuticals were expired, a detail that has
been stressed in the local press. Bizimungu confirmed that
Karenzi is being held in the Mulindi Military detention
center but did not offer additional details or insight as the
case is currently under investigation.


7. (U) On a separate but related note, when Karenzi was
relieved of his position as Secretary General on 14 July, he
was replaced with Caroline Kayanga, the wife of LTG Charles
Kayonga, the RDF Land Forces Chief of Staff.

8. (SBU) Comment. Despite the natural inclination to
question the true motives behind these three high profile
trials, it may be that the cases have been brought forward
solely because of their merit. Former insider Karegeya has a
reputation for being very smart, but also very opinionated
and independent. It is unfortunate for him, but it is
neither unrealistic nor surprising to believe that he acted
the way the prosecution argued he did.


9. (SBU) The real question in Munyakazi's case is not the
extent that he was involved in the genocide, but why it took
so long for the charges to be made. As a Division Commanding
General, he clearly served in the RDF as a competent and
loyal officer, so why did it take so long for his history to
catch up to him? Bizimungu's explanation was that "gacaca
has opened the public's attitude" and the process has matured
to the point that the population is now willing to come
forward to stand as witnesses. He also noted the testimony
of former soldiers and Interahamwe in prison gacaca hearings
that has implicated Munyakazi.


10. (SBU) It is premature to analyze the case of Karenzi as
it is currently being investigated. As always, there are
rumors as to the "real reason" for the charges. However, if
the accusations are proved, this would be an encouraging
action by the GOR to continue to pursue high-level officials
guilty of corruption. End comment.
THURSTON