Identifier
Created
Classification
Origin
07KIGALI296
2007-03-22 15:14:00
CONFIDENTIAL//NOFORN
Embassy Kigali
Cable title:  

WAR CRIMES AMBASSADOR VISITS RWANDA

Tags:  PREL PGOV PHUM RW 
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VZCZCXYZ0000
PP RUEHWEB

DE RUEHLGB #0296/01 0811514
ZNY CCCCC ZZH
P 221514Z MAR 07
FM AMEMBASSY KIGALI
TO RUEHC/SECSTATE WASHDC PRIORITY 3939
INFO RUEHJB/AMEMBASSY BUJUMBURA 0036
RUEHDR/AMEMBASSY DAR ES SALAAM 0850
RUEHKM/AMEMBASSY KAMPALA 1571
RUEHKI/AMEMBASSY KINSHASA 0197
RUEHNR/AMEMBASSY NAIROBI 0822
RUEHFR/AMEMBASSY PARIS 0218
RUEHTC/AMEMBASSY THE HAGUE 0155
RUCNDT/USMISSION USUN NEW YORK 0063
C O N F I D E N T I A L KIGALI 000296 

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: DECL: 10/13/2016
TAGS: PREL PGOV PHUM RW
SUBJECT: WAR CRIMES AMBASSADOR VISITS RWANDA

REF: KIGALI 110

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

C O N F I D E N T I A L KIGALI 000296

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: DECL: 10/13/2016
TAGS: PREL PGOV PHUM RW
SUBJECT: WAR CRIMES AMBASSADOR VISITS RWANDA

REF: KIGALI 110

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


1. (SBU) Summary. Ambassador at large for War Crimes Issues
Clint Williamson visited Rwanda March 10-14, meeting with
senior GOR officials, diplomatic missions, ICTR officers, and
members of the human rights community. He also visited the
Mpanga prison being readied for the potential reception of
detainee transfers from ICTR in Arusha. He stressed the
importance of enhancing Rwanda's judicial capacity, designed
to effect the successful transfer of cases from the ICTR, and
help Rwanda meet international standards for future
prosecutions. He also proposed the need for a comprehensive
judicial capacity-building plan to effect ICTR case
transfers. He met general agreement that such a plan should
be consistent with the donor community's overall efforts to
assist the Rwandan judicial sector. End summary.


2. (U) Williamson toured the Dutch-built Mpanga prison March
10, and inspected prison grounds and the designated wing for
ICTR prisoner transfers. ICTR prisoners will have separate
sleeping, dining and recreational facilities, within the
prison facility presently used for genocide suspects and
those convicted of genocide crimes. Williamson saw that the
exterior of the special wing is finished, but interior
construction of individual cells as well as dining, bathing
and recreational facilities remain to be constructed
(according to the Dutch first secretary, the Dutch government
stands ready to finish construction, upon receipt of a
budget). Space for approximately 90 prisoners was
envisioned. He also paid his respects at several genocide
memorial sites.


3. (C) March 21, Williamson met with ICTR Prosecutor Hassan
Jallow in Ambassador Arietti's office. Jallow expressed
satisfaction with GOR-ICTR relations, and their increasingly
close cooperation on case transfers. A joint GOR/ICTR team
had been constituted to effect those transfers, transfers
which could begin as early as summer or fall of 2007. He
noted that the GOR intended to accede to the International
Convention on Torture, and other remaining human rights

conventions. He expressed some concern at the prospect of
ICTR suspects being subject to gacaca jurisdiction for
similar or unrelated charges after completion of their
trials, and said some form of limited immunity would be
necessary to avoid this happenstance. Jallow noted that the
first cases transferred would likely concern suspects not yet
in custody, and that the actual transfer of suspects, to come
later, might be as low as three individuals. Perhaps a total
of 20 indicted cases would be transferred, counting those in
custody and those still at large.


4. (C) On the subject of ICTR indictment of RPA/RDF
personnel (i.e. those in the Kagame-led liberation forces who
themselves committed war crimes in evicting the genocidal
government and stopping the 1994 genocide),the ICTR would
make a decision in late spring or early summer of this year.
Jallow saw three possibilities: indict and try RPA/RPF
personnel, indict and transfer case files to Rwanda, or
transfer case files with a recommendation (and perhaps
private agreement by the GOR) to prosecute. Any indictment
would very likely disrupt ICTR-GOR cooperation, and harm the
ICTR's completion strategy (i.e. prosecutions completed by
2008, and appeals by 2010). Indictment would also require
Security Council agreement, as the deadline for indictments
had passed, Williamson noted. Jallow indicated that the GOR
had expressed some willingness to try cases in Rwanda,
although misgivings had been expressed, given alleged
grumblings within the Rwandan military at the prospect of
presently serving officers being tried for past offenses.


5. (C) Williamson then met in succession with Prosecutor
General Martin Ngoga, Justice Minister Tharcisse Karugarama,
and Gacaca Head Domitilla Mukantaganzwa. Williamson
emphasized the USG's desire in principle to see the GOR
receive ICTR case transfers, but noted the need for a
judicial capacity assessment of areas requiring capacity
building programs. Ngoga cited pending legislation to
abolish the death penalty, and to offer certain procedural
guarantees regarding ICTR case transfers. He noted as well
the need for donor assistance with judicial sector capacity
building, for prosecutors, judges, and defense counsel. He
expressed strong interest in a "needs assessment" for ICTR
case transfers. He also expressed the GOR's strong interest
in seeing ICTR archives transferred to Rwanda after the court
closed its operations in Arusha. Minister Karugarama also
expressed strong support for a William's suggested "needs
assessment," particularly for judges, support personnel, and
the defense bar, and in transfer of ICTR archives to Rwanda.
On gacaca jurisdiction over ICTR suspects, particularly those
subject to additional crimes unrelated to ICTR charges,
Karugarama thought that an acceptable compromise could be
easily reached (Note: Ngoga thought pending legislation would
satisfy the ICTR). Williamson expressed USG concern that
this issue be adequately addressed. Karugarama also asked
for support for a "Transit Center" for ICTR prisoners to be
tried to Kigali (with the Mpanga prison located two
hours-plus by road to the south). Gacaca Head Mukantaganzwa
spoke on the difficulties of addressing justice and
reconciliation, and explained the intent of the gacaca
legislation just passed by parliament, which will narrow
regular court jurisdiction over genocide suspects and lessen
penalties (see reftel for extensive discussion of this
legislation).


6. (SBU) Williamson told both Ngoga and Karugarama that the
USG supported the concept of a "needs assessment" that
addressed both Rwandan judicial capacity and the specialized
requirements of ICTR case transfers. This assessment, said
Williamson, would be an essential first step in both
facilitating transfers and building the judicial system for
the long-term. He suggested a staged approach, focusing
first on the immediate need for transfer capacity, and said
he intended to tour European capitals in April and discuss
the concept further. Williamson noted the sensitivity of the
Rwandans to the location of the ICTR archives, but cautioned
that it required a Security Council decision and further
discussions. He also conveyed the interest of the USG in
helping Rwanda track genocide suspects abroad, particularly
those who may be living in the United States. He offered to
assist in making contacts with the Justice Department's
Office of Special Investigations, which had a mandate to
investigate the immigration status of suspected war criminals
and "genocidaires" who had entered the U.S.


7. (SBU) Williamson then heard from several human rights
groups, including Human Rights Watch, Ibuka (a genocide
survivors' organization) the Great Lakes League of Human
Rights, and LIPRODOHR the League for the Protection and
Promotion of Human Rights in Rwanda. He discussed the
prospect for ICTR case transfer, and heard from several of
the representatives on the great value in having the
leadership of the 1994 genocide "finally face the Rwandan
people."


8. (C) On March 13, Williamson visited diplomatic missions
and aid officers with programs aimed at improving Rwanda's
judicial capacity, including meetings with the EU, UK and
Belgian ambassadors. Williamson heard consistent support for
an ICTR "needs assessment" that dovetailed with Rwanda's
judicial sector needs writ large. He noted that the GOR's
ability to handle transfers was key to ensuring the
successful completion of the ICTR. The British ambassador
called this assessment an "excellent idea" and noted his own
government's effort to assist the extradition of 4 genocide
suspects from the U.K., and said his government might be
willing to assist with a suspect "tracking unit." He
suggested that the ICTR approach the GOR before any decision
on RPA indictments, and call upon it to "do the right thing."
The UK government would be willing to urge the GOR to
prosecute RPA crimes, he said, and "lay to rest" the
accusation of "victor's justice" reigning in Rwanda. The
Belgian ambassador noted Belgium's ongoing prosecution of
several genocide cases in Belgium, and said the GOB could
possibly receive ICTR case transfers. The EU ambassador
described the EU's extensive programs to assist with ICTR
transfers, and said the GOR's Justice Sector Working Group
was "not very effective," but worth communicating with on
priorities and funding levels. Williamson also met with two
aid officials funded by the Belgium government who were in
the process of establishing the Institute for Legal and
Professional Development (ILPD),as well as other programs on
improved judicial administration, particularly in the
prosecutor's office.


9. (SBU) Lastly, Williamson met with the President of the
High Court Johnston Busingye, who described his efforts to
train his 26 high court judges, and prepare them for possible
ICTR cases (Note: his court will try any ICTR transfers, and
possibly extraditions from other nations). Busingye noted
his intention to use ILPD courses for legal practitioners to
assist his judges with in-service training, and said that
Rwanda stood ready to accept "senior foreign judges" to
assist with adjudication of transferred ICTR cases. He also
argued, as other officials had, that ICTR archives should be
sent to Rwanda after its closure, as it would assist greatly
in the prosecution of remaining genocide cases before Rwandan
courts, and in "educating the Rwandan people."

ARIETTI