RWANDA AT LOGGERHEADS WITH ICTR OVER ACCUSED LEAD

C O N F I D E N T I A L KIGALI 000883

SIPDIS

SIPDIS

DEPT FOR S/WCI

E.O. 12958: DECL: 09/12/2016
TAGS: PREL KCRM PHUM RW
SUBJECT: RWANDA AT LOGGERHEADS WITH ICTR OVER ACCUSED LEAD
COUNSEL


Classified By: Ambassador Michael R. Arietti. Reason: 1.4 (b,d)


1. (SBU) Summary. The GOR has demanded the termination of
the employment contract of an ICTR lead counsel, Callixte
Gakwaya, whom the GOR has indicted on genocide charges, to
remove his immunity from prosecution by Rwanda. The ICTR has
not responded formally, beyond an announced need to study the
request. The GOR will consider next steps at a cabinet
meeting September 13, which may include a call for the
resignation of ICTR Registrar Adama Dieng, or the temporary
cessation of cooperation with the Tribunal. End Summary.


2. (SBU) On September 1 Tanzanian police arrested Callixte
Gakwaya, Lead Counsel of the ICTR, acting upon an outstanding
arrest warrant issued by Rwandan authorities. ICTR
Registrar Adama Dieng contacted Tanzanian authorities,
reminding them of the immunity agreement between the UN and
the GOT (governing ICTR employees),and secured Gakwaya's
release. The Rwandan Government responded last week by
demanding that the ICTR terminate Gakwaya's employment,
thereby lifting his ICTR immunity, and allowing the GOR to
begin judicial proceedings in Tanzania to secure Gakwaya's
return for trial in Rwanda.


3. (C) Rwandan Prosecutor General Martin Ngoga told us
September 9 that the GOR had indicted Gakwaya on genocide
charges some time ago. Upon learning of his employment by
the ICTR, the GOR communicated its concern, and an ICTR
official came to "collect information" on the case. The ICTR
conducted its own investigation, which "was even more damning
than our own," said Ngoga. However, the ICTR subsequently
took no action, and Gakwaya continued worked in various
capacities at the ICTR for several years. Fairly recently,
said Ngoga, Gakwaya gained appointment as Lead Counsel for
accused genocidaire Yusuf Munyakasi.


4. (C) Ngoga said the GOR has requested a number of times
that the ICTR respond formally to its indictment of Gakwaya
(as well as that of other ICTR employees alleged to have
participated in genocide) and has never received any
substantive response. "All they ever say is, it's a question
of timing," said Ngoga. While administrative relations with
the ICTR were "quite good," he said, and he personally got on
well with the ICTR prosecutor's office, the non-response on
the outstanding GOR indictments was a "constant irritant."
As, according to Ngoga, ICTR Registrar Dieng has
responsibility for recruiting lawyers, including defense
counsel, the GOR found it particularly galling to see Gakwaya
appointed Lead Counsel for an accused genocidaire. "The case
against Gakwaya is very strong," said Ngoga. The recent
arrest and release by Gakwaya, "focused all of us (within the
GOR) on the lack of cooperation on these cases," he said.


5. (C) The GOR's one-week deadline for Gakwaya's termination
has expired. Ngoga subsequently told us that the GOR
government would consider its next steps at its weekly
cabinet meeting September 13. His recommendation, he said,
was that the GOR either demand the resignation of ICTR
Registrar Dieng, or cease cooperation with the ICTR. "This
had really gone on too long," he said. "Others within the
GOR will decide, but we need a proper response from the
ICTR." (Note: Minister of State for Foreign Affairs Rosemary
Museminali and Justice Minister Tharcisse Karugarama made
statements in the local press September 12 calling upon the
USTR to respond to the GOR). In a follow-on conversation
with ICTR Information Officer Innocent Kamanzi, Kamanzi told
emboff that "We must continue to study and analyze" the GOR
demand. The same had been said earlier in a press release in
Arusha, said Kamanzi.


6. (C) Comment. GOR relations with the ICTR have often been
prickly. While acknowledging recent smooth relations with
the ICTR, Ngoga voiced considerable frustration that the ICTR
essentially refused to reply to the GOR's repeated request
for a substantive response to GOR indictments. If the
cabinet shares Ngoga's sentiments, the GOR may up the ante in
its demands to the ICTR. End Comment.
ARIETTI