BURUNDI'S RADJABU TO GO TO COURT MAY 29

UNCLAS BUJUMBURA 000376

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR AF/C

E.O. 12958: N/A
TAGS: PGOV PHUM PINR PREL BY
SUBJECT: BURUNDI'S RADJABU TO GO TO COURT MAY 29

REF: A. BUJUMBURA 327


B. BUJUMBURA 65


1. (U) Summary. Burundi's National Prosecutor on May 22
presented to former CNDD-FDD chairman Hussein Radjabu's
attorney a list of charges against Radjabu following his
April 27 arrest. Radjabu is expected to go to court May 29.
This session follows an extensive search of Radjabu's home on
the evening of May 18, when members of the National Police
removed items belonging to the CNDD-FDD. During the search,
during which Radjabu was present, the police took his
attorney into custody for questioning and released him
several hours later. Nonetheless, so far, UN observers are
satisfied that due process is being followed. End Summary.


2. (U) Burundi's National Prosecutor presented to Hussein
Radjabu's attorney on May 22 the list of charges to be
brought against the former CNDD-FDD party chairman. Radjabu
has been incarcerated at Mpimba Prison since his April 27
arrest for "intent to disrupt national security through an
armed rebellion." In the May 22 session, the National
Prosecutor informed Radjabu's legal advisor, that he must
appear in court on May 29. In keeping with Burundian law,
neither the National Prosecutor nor Radjabu's defense
attorney may divulge the contents of the charges against him
before the May 29 hearing.


3. (U) That session followed an extensive search of Radjabu's
home on May 18. Approximately forty members of Burundi's
National Police removed items claimed as property of the
CNDD-FDD, Burundi's ruling party. The CNDD-FDD said Radjabu,
who was removed from the party chairmanship on February 7
(Reftel B),could no longer keep cars and other items
belonging to the party. In the May 18 search, officers from
the National Police removed one CNDD-FDD vehicle, along with
a telephone, computer printers, and other party-owned items
found inside the house.


4. The search was conducted in Radjabu's presence. In an
effort to assure that due process was being followed,
Burundian authorities allowed Radjabu to witness the search.
The government invited observers from the UN and other human
rights organizations to oversee the search. Escorted from
Mpimba Prison by police, where has been held since April 27
awaiting a hearing, Radjabu arrived at his home at
approximately 5:00 PM. He remained on the premises for the
duration of the search, and was returned to Mpimba at 11:00
PM.

Attorney Handcuffed and Questioned
--------------


5. (SBU) According to UN observers and others on the scene,
authorities presented a valid search warrant to Radjabu, who
complained, nonetheless, that his attorney was not present.
His attorney, Prosper Niyoyankana, arrived at the house at
approximately 5:30 PM. Later that evening, while vigorously
protesting the legality of the search, the police handcuffed
Niyoyankana and took him into custody. According to one UN
observer, the police "violently forced" Niyoyankana into a
police vehicle, where he was subsequently taken to the
Special Research Bureau ("Bureau Speciale de Recherche") of
the National Police. After several hours of questioning, the
police released him at approximately 11:15 PM that night.


6. (SBU) Comment. Although Radjabu's attorney, who is the
younger brother of Burundi's Minister of Defense Major
General Germain Niyoyankana, was taken into custody and
questioned after contesting the search of his client's home,
it appears that, so far, Burundi is following due process in
Radjabu's case. In allowing him to be at the scene when his
home was searched, Burundian authorities clearly indicated
that they do not intend to give Radjabu any opportunity to
later claim that he was the victim of a vendetta. The rough
handling of his attorney notwithstanding, Burundi looks to be
handling this sensitive case in a prudent, and mature,
manner. End Comment.
MOLLER