GOR RESPONSE ON BWINDI CASE

C O N F I D E N T I A L KIGALI 000867

SIPDIS

SIPDIS

E.O. 12958: DECL: 09/06/2016
TAGS: PREL KCRM RW
SUBJECT: GOR RESPONSE ON BWINDI CASE

REF: STATE 144819

Classified By: Ambassador Michael R. Arietti, reason
1.4 (B) & (D).


1. (C) Ambassador met with Prosecutor General Martin Ngoga on
September 6 to discuss the Bwindi Case, in particular, next
steps in the wake of the U.S. court's suppression of the
defendants' confessions (as requested reftel). Ambassador
discussed the three possible prosecutorial options (appeal
the ruling, continue the case using other evidence, or
dismiss the case) and asked if the GOR would consider
prosecution, return of the defendants, or prosecution in a
third country. Ngoga was fully aware of recent developments
and expressed GOR discomfort with the current situation,
noting that Rwanda had only reluctantly agreed to send the
defendants to the U.S. rather than trying them in Rwanda.


2. (C) Ngoga expressed a clear preference for U.S.
prosecutors to continue the case despite the evidentiary
setback. He asked that this option be vigorously pursued.
If the evidentiary appeal failed, and further U.S.
prosecution appeared inadvisable, he said that Rwanda could
prosecute the defendants under local laws, and would consider
doing so. If the case proceeded to trial in the U.S. and the
defendants won acquittal, he said, Rwanda would be unable to
prosecute. He noted that the return of the defendants under
any circumstances would be problematic, as they would likely
contest their return on the basis of their successful torture
claim before the U.S. court. He did not welcome the idea of
prosecution by a third country.


3. (C) Commenting that he had originally offered the services
of a GOR attorney to assist with the U.S. prosecution, he
renewed this offer for the purposes of the appeal. Rwanda
stood ready to assist in any way helpful to the prosecution,
he said, and he wondered if additional information could be
forwarded by the GOR to assist with the appeal. Ambassador
thanked Ngoga for his willingness to consider local
prosecution, and pledged immediate communication of Ngoga's
comments to Washington, and of further responses from
Washington or developments in the case.
ARIETTI