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