GOR ON GACACA, LEGAL CASES INVOLVING FRANCE, EAST

UNCLAS KIGALI 000611 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: ETRD PHUM PREL RW SUBJECT: GOR ON GACACA, LEGAL CASES INVOLVING FRANCE, EAST AFRICAN COMMUNITY, REFUGEES REF: A. KIGALI 599 ¶B. KIGALI 547 ¶1. (U) Summary. The GOR briefed the diplomatic community on June 28, announcing several initiatives to alleviate crowded prison conditions, hailing Rwanda's entry into the East African Community (EAC),noting efforts to secure return of a genocide suspect from France, and denying reports of recruiting in refugee camps in Rwanda. End summary. ¶2. (U) Justice Minister Tharcisse Karugarama announced that, to alleviate crowding in Rwanda's prisons, henceforward all persons convicted by gacaca courts would serve their TIG (community service) and suspended portions of their sentences first (as previewed in reftel A). "No one with any form of TIG or suspended punishment will be heading for prison," he said. Further, he said, the GOR would conduct new releases of genocide suspects in September and December of this year. "We will reduce the size of the prison population." He gave no estimates of the size of the intended releases. ¶3. (U) The Minister also reviewed the status of Rwanda's attempts to secure custody of genocide suspect Isaac Kamali, denied entry into the U.S, and arrested upon his return to Paris. The Minister stated that the GOR was "sending the case file to France," with the hope that either France would either extradite the suspect or prosecute him there. "We are following events closely," he said. He declined to speculate on how working with the French government might improve relations between the two nations. ¶4. (U) Karugarama then addressed the GOR's attempts to litigate before the International Court of Justice the French judge Brugiere's issuance of arrest warrants for nine senior Rwandan officials. "France has yet to respond to our application," said. "They have never answered our complaint." (Note: the ICG specifically commented, upon receipt of the GOR application to the court, that jurisdiction was voluntary, and France must agree to the case being heard before the court). ¶5. (U) Foreign Affairs Minister of State Rosemary Museminali made general remarks on Rwanda's formal entry into the East African Community, noting that the GOR would deposit its instrument of accession on July 2 in Arusha. While several other EAC economies were "more robust," Rwanda would find both "challenges and opportunities" in competition with those more developed economies. She sketched out the general framework for the EAC member states, passing in negotiated stages from a Customs Union to a Common Market to a Monetary Union. Along the way, she said, Rwanda would have to "harmonize" its budget system with other EAC nations, and also adopt standard taxation and tariff schemes. On July 10, she indicated, the GOR would host a roundtable with the Rwandan private sector to discuss the full range of EAC issues. ¶6. (U) Finally, Local Government Minister of State Nyatani issued a press release denying reports of Congolese negative forces recruiting from refugee camps in Rwandan. Repeating language in the press release, she said such reports were "baseless and without truth." In answer to a question from a western ambassador, inquiring about reports of recruiting by a Congolese NGO associated with General Laurent Nkunda, she said any such efforts by the NGO would be "clandestine." ¶7. (SBU) Comment. Assuming the new procedures regarding gacaca convictions are applied immediately, the rising tide of convicts crowding into Rwanda's 16 prisons should level off -- although it bears noting that gacaca suspects who do not confess at some stage of the proceedings do not benefit from TIG or suspended sentences, and so will continue to be sent to prison. Those inclined to confess will now see even greater benefit -- immediate release, with custodial sentences to be served at a future date. The nation's prisons will still be faced with very difficult conditions at present levels of occupancy; the September and December releases will need to be substantial to secure a real reduction in terribly crowded conditions. ¶8. (SBU) Comment continued. The Justice Minister's calm review of both the ICJ case and of the Kamali arrest (which entailed no criticism of USG actions) are reflective of his professionalism and faith in judicial procedures. Minister of State Museminali's comments on Rwanda's entry into the EAC were at once realistic and possessed of optimism -- Rwanda would face important challenges, but would benefit from the new regional body. Minister of State Nyatani's comments were less convincing, her flat denials of recruiting belied by several documented reports (reftel B). ARIETTI