Identifier
Created
Classification
Origin
07KIGALI178
2007-02-22 17:34:00
CONFIDENTIAL
Embassy Kigali
Cable title:  

AMBASSADOR DISCUSSES TWO LEAHY ISSUES WITH FOREIGN

Tags:  PGOV PHUM PREL ASEC MOPS AU SU RW 
pdf how-to read a cable
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DE RUEHLGB #0178/01 0531734
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O 221734Z FEB 07
FM AMEMBASSY KIGALI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3798
INFO RUEAFVS/OSD WASHINGTON DC IMMEDIATE
RHMFISS/CDR USEUCOM VAIHINGEN GE IMMEDIATE
C O N F I D E N T I A L KIGALI 000178 

SIPDIS

SIPDIS

DEPARTMENT FOR DAS SWAN, AF/C, DRL, AF/RSA AND PM
EUCOM FOR POLAD, OSD FOR C ITKANS

E.O. 12958: DECL: 02/22/2017
TAGS: PGOV PHUM PREL ASEC MOPS AU SU RW
SUBJECT: AMBASSADOR DISCUSSES TWO LEAHY ISSUES WITH FOREIGN
MINISTER

REF: A. STATE 15216

B. KIGALI 146

Classified By: Poloff GLearned for reasons 1.4 (b,d)

C O N F I D E N T I A L KIGALI 000178

SIPDIS

SIPDIS

DEPARTMENT FOR DAS SWAN, AF/C, DRL, AF/RSA AND PM
EUCOM FOR POLAD, OSD FOR C ITKANS

E.O. 12958: DECL: 02/22/2017
TAGS: PGOV PHUM PREL ASEC MOPS AU SU RW
SUBJECT: AMBASSADOR DISCUSSES TWO LEAHY ISSUES WITH FOREIGN
MINISTER

REF: A. STATE 15216

B. KIGALI 146

Classified By: Poloff GLearned for reasons 1.4 (b,d)


1. (U) This is an action request, please see paragraph 4.
Due to time constraints in the case of BG Muganga, post
requests a response from Department no later than opening of
business (Washington time) 23 Feb.


2. (C) On 22 Feb Ambassador Arietti met with Foreign Minister
Murigande to receive GOR's response to his request for
information on the case of LtCol Goodman Ruzibiza (ref B).
Murigande briefly reiterated that the GOR considers that
Ruzibiza was not convicted of human rights violations and is
fit for duty. It believes that replacing him would be an act
of injustice, but is prepared to do so if the USG continues
to require this after reviewing the information provided by
the GOR.


3. (C) Murigande then asked about the status of Brigadier
General Mubarakh Muganga, due to take part in DOD sponsored
training in Ethiopia. (Note. DRL has not cleared Muganga for
USG training due to a human rights allegation. End note.)
Ambassador explained that the question about Muganga had
arisen when the USG became aware of an allegation in one
paragraph in the book "Rwanda: l'Histoire Secret" accusing
Muganga of "luring" a dissident Capt to Rwanda to be tortured
and killed. This allegation raised the issue and the USG had
not yet cleared Muganga to attend the training. (Note.
Muganga is due to leave 24 Feb for Addis Ababa to attend
DoD's Africa Center for Strategic Studies Senior Leaders
Seminar. End note.) Murigande seemed perplexed that a
single, unverified accusation would be accepted as credible
by the USG and argued vehemently that the source of the
allegation was not reliable. He added that USG dependence on
single source information from a known political opponent of
the government would lead to continued problems as almost

every member of the Rwandan Defense Forces (RDF) and GOR
could have allegations made against them by regime opponents.



4. (C) Recommendation: Embassy believes the two cases which
have arisen under the Leahy Amendment are very different and
merit separate decisions. According to the GOR response,
there is no question of fact that Lt. Col Ruzibiza was a
responsible officer of a battalion that was engaged in a
conflict that led to the loss of civilian lives. The GOR
found that he was not responsible for deliberate actions that
led to the loss of civilian lives, but does not deny that
civilians died during the incident. It is of course the case
that civilians die in many military actions, as has been the
case in conflicts in which American forces and those of other
democracies have been involved. While such civilian deaths
are tragic, and need to be investigated, the USG and other
democracies do not hold all individual soldiers or commanders
responsible for human rights abuses unless there is evidence
to support this on a case by case basis. This seems to be
the issue in the case of Lt. Col Ruzibiza. The GOR has made
a deliberation that while Ruzibiza was guilty of a failure of
command, he was not guilty of ordering the deaths of
civilians. Embassy believes that our final decision on this
case should be consistent with USG policy in implementing the
Leahy Amendment as applied globally. This is a gray area,
and Embassy requests that Department review the information
provided by FM Murigande and provide its final position. The
GOR has indicated that it will comply with a final USG
decision and would replace Ruzibiza if necessary to retain
military cooperation (Murigande indicated that Ruzibiza has
already been suspended from his command position pending
final resolution of discussions with the USG.)

In the case of Muganga, there is no evidence that he was
involved in any wrongdoing aside from the one paragraph in a
book written by Abdul Ruzibiza. This is the same book that
accuses President Kagame and other senior leaders of the GOR
of having deliberately shot down the aircraft of former
president Habariyamana in 1994, which touched off the
genocide. The GOR has repeatedly dismissed the allegations
of this writer and post is aware that many commentators have
disputed and discredited elements of his allegations. The
USG is continuing to act towards the GOR as if these
allegations are unproven and we have not taken steps to
distance ourselves from President Kagame or his government.
In the absence of any evidence to support the allegation
against Muganga, post does not believe he should be prevented
from attending DOD sponsored training. As the Foreign
Minister has stated there are constant allegations against

members of the current Rwandan government from members of the
Rwandan Diaspora. If we take the position that the mere
existence of an allegation, without any supporting evidence,
disqualifies individuals from participating in USG funded
military training we will put the entire military assistance
program at risk. We understand that the Leahy amendment
requires "credible evidence" and we are not aware that such
evidence exists in this case. End recommendation.


5. (SBU) GOR's statement regarding case of LtCol Goodman
Ruzibiza.

//BEGIN TEXT//

Explanation of the case of Lt. Col. Goodman B. Ruzibiza

On September 11, 1995, around 1900 hours in Kanama district,
at Nyakiriba, one 2nd Lt. Claude Ruraza while shifting from
Bigogwe to Gisenyi, was ambushed and killed by unknown
people, probably insurgents who were operating in that area
at the time.

The general area where the incident took place was under 5th
Battalion, headquartered in Bigogwe and commanded by Maj.
George Rwigamba, and Maj. Goodman Bagurete Ruzibiza as the
Operations Officer (OPTO).

Upon learning about the incident, the two Commanders deployed
two platoons commanded by 2nd Lt. Emmanuel Rutayisire and 2nd
Lt. Vincent Sano respectively with the instruction to &siege
the area where 2nd Lt. Claude Ruraza was killed until the
morning and make a cordon and search.8

The mission as stated above aborted because during the very
night the enemy engaged the two platoons and fighting ensued.
During the fighting many civilians were killed.

As was then the practice in the Rwanda Patriotic Army (RPA)
and still is in the Rwanda Defense Force (RDF) when there is
death of civilians in any operation; the four commanders were
all arrested, jailed and tried before the Military High Court.

On September 12, 1997, the Military High Court issued the
following judgment:

-- The charges of murder and complicity to murder that were
brought against the four officers by prosecution were
rejected because it was established that these officers never
gave any order to kill civilians;
-- However as Commanders they were found guilty of failing to
exercise effective command responsibility over their troops,
so as to prevent the death of innocent civilians;

The four commanders were sentenced to 28 months of close
custody.

Having completed his sentence in jail on December 24, 1997,
Maj. Goodman B. Ruzibiza was released.

In his letter dated August 19, 2004, Maj. Goodman B. Ruzibiza
requested the President of the Military High Court to be
rehabilitated.

On May 11, 2005, the Military High Court rehabilitated Maj.
Goodman Ruzibiza basing on the Law Nr. 13/2004 of 30/07/2004
determining the Code of Criminal procedure. His
rehabilitation removed conviction and sentence and stopped
all resulting disqualifications.

The RPA then and the RDF now are known to be highly
disciplined armies. The proof of this discipline is
displayed in Darfur. The high level of discipline has been
achieved partly because they (RPA then and RDF now) always
hold their Commanders responsible of any of their command
failures. It is this tough disciplinary practice that landed
then Maj. Goodman B. Ruzibiza in prison for 28 months. As
you very well know, in an insurgency environment, many
officers find themselves in a situation similar to that of
Maj. Goodman B. Ruzibiza. If such situation were to affect
their career for good, many armies around the world would be
deprived of their good commanders and efficiency terribly
affected.

Response of the Government of Rwanda to the Request of the US
Government

On the basis of the case as explained above, the Government
of Rwanda feels that it would be an injustice to prevent Lt.

Col. Goodman B. Ruzibiza to benefit from the training offered
under ACOTA. We therefore hope that the explanation given
above will convince the US Government that Lt. Col. Goodman

B. Ruzibiza does not bear nay criminal responsibility but
probably had then command weaknesses that have been addressed
or could even be further addressed by his participation in
the ACOTA training.

However, if the US Government feels that even after the above
explanation it could not continue the training of the unit
commanded by Lt. Col. Goodman B. Ruzibiza, the Government of
Rwanda is prepared in the interest of the military
cooperation with USA and in the interest of the excellent
relations that exist between our two countries, to let Lt.
Col. Goodman Ruzibiza suffer an injustice by replacing him by
another commanding officer
//END TEXT//
ARIETTI