Identifier
Created
Classification
Origin
07KIGALI313
2007-03-29 16:15:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Kigali
Cable title:  

PRESIDENT OF MILITARY COURT ON RECORDS,

Tags:  PREL PGOV MASS RW 
pdf how-to read a cable
VZCZCXYZ0000
PP RUEHWEB

DE RUEHLGB #0313 0881615
ZNR UUUUU ZZH
P 291615Z MAR 07
FM AMEMBASSY KIGALI
TO RUEHC/SECSTATE WASHDC PRIORITY 3964
INFO RUEHJB/AMEMBASSY BUJUMBURA 0045
RUEHDR/AMEMBASSY DAR ES SALAAM 0856
RUEHKM/AMEMBASSY KAMPALA 1580
RUEHKI/AMEMBASSY KINSHASA 0200
RUEHNR/AMEMBASSY NAIROBI 0830
RUEHFR/AMEMBASSY PARIS 0221
UNCLAS KIGALI 000313 

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV MASS RW
SUBJECT: PRESIDENT OF MILITARY COURT ON RECORDS,
PUNISHMENTS WITHIN THE MILITARY


UNCLAS KIGALI 000313

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV MASS RW
SUBJECT: PRESIDENT OF MILITARY COURT ON RECORDS,
PUNISHMENTS WITHIN THE MILITARY



1. (SBU) Summary. On March 22 DCM and polchief met with
Major General Patrick Nyamvumba, President of the Military
High Court, to discuss the military justice system and
prospects for access to records. Nyamvumba described a
system grounded in the civilian criminal code and procedure,
with careful record keeping, and an interest in making those
records more readily available to the public. Nyambvumba
expressed keen interest in USG assistance with record access,
and with military justice training. End summary.


2. (SBU) General Nyamvumba began by reviewing briefly the
military justice system, as revised by the 2003 Constitution
and implementing legislation. As currently constituted, the
military courts consist of a Military Tribunal and Military
High Court. Cases tried by the Military Tribunal and
reviewed by the Military High Court can be appealed to the
civilian Supreme Court if the sentence imposed exceeds 10
years imprisonment. Cases, such as murder or threats to
national security, that are tried by the Military High Court
are reviewable by the Supreme Court.


3. (SBU) Nyamvumba described the system as "dependent on the
civilian system," with no independent criminal procedure or
penal code (note: the existing civilian penal code has at its
conclusion a separate chapter entitled "military penal code,"
which describes various offenses and their punishments).
Most of the judges in the military court system were trained
judges, he said, and the military court system received
regular training assistance from the Ministry of Justice and
from various NGOs.


4. (SBU) Nyamvumba noted that serving military officers were
subject to military discipline and military courts, no matter
the nature of their offense or their role in government
(Note: a number of senior civilian positions are held by
serving officers, including the Head of Cabinet at the
Presidency, a number of Ambassadors, several members of
Parliament, and the Heads of several independent Commissions,
including the Commission investigating French involvement in
the genocide). An aide to Nyamvumba listed for us the
pending cases within the military justice system, including
17 murder cases, 151 "ordinary crimes," 13 genocide cases,
and seven crimes against state security. In total, he said,
the military courts passed judgment on 204 cases in 2006 (no
statistics available on convictions versus acquittals).


5. (SBU) The general mentioned that since 1994, military
courts had imposed the death penalty in 20 cases -- none had
been carried out, he averred, and all would be commuted to
life sentences when the government completed its ongoing
effort to abolish the death penalty. Despite the general
rule on military court jurisdiction over serving
officers,gacaca courts did, he said, exercise jurisdiction
over military personnel for Category 2 and 3 cases (that is,
ordinary murderers and destroyers of property, rather than
Category 1 leaders and directors of the genocide, who would
appear before the regular military courts).


6. (SBU) The general said that military court records were
open to the public, and that his office was interested in
exploring the creation of a website for public access to
those records. Any assistance from the USG would be greatly
appreciated, he said. In answer to the DCM's request for a
regular channel to examine military court records, the
general suggested writing to the Secretary General of the
Ministry of Defense (a post soon to be taken up by returning
Ambassador to the U.S. Jack Nsenga, also a serving military
officer). When asked if JAG Corps assistance to the Rwandan
military court system would be useful, General Nyamvumba
responded enthusiastically. "We would welcome such
assistance at any time," he said.

ARIETTI