BUSINESSMEN, GENERALS, AND GOVERNMENT MINISTERS:

C O N F I D E N T I A L KIGALI 000743

SIPDIS

SIPDIS

E.O. 12958: DECL: 05/11/2017
TAGS: PREL PHUM RW
SUBJECT: BUSINESSMEN, GENERALS, AND GOVERNMENT MINISTERS:
ALL MUST ANSWER FOR THEIR ACTIONS

REF: KIGALI 209

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


1. (SBU) Summary. The recent case of prominent local
businessman Assinapol Rwigara, sought by police after a
construction-site accident, is an object lesson in Rwandan
law enforcement in action, and the rumor-mill that attends
the arrest of any public personality. Officials extended the
operative law enforcement model of immediate arrest,
incarceration and questioning to two generals who allegedly
interfered in police attempts to find the businessman.
Despite his family's initial claim that the police had
detained Rwigara secretly, friends and family members quietly
negotiated his surrender to the prosecutor general.
Concurrently, a months-long inquiry into the various fiscal
failing of 46 government institutions has culminated in the
questioning of several ministers and senior civil servants by
the police and prosecution service. The larger story, here
encapsulated by the arrest of the three men, together with
the summoning after months of careful preparation of senior
officials in regard to the Auditor General's findings, is the
sense that the GOR takes public probity seriously: no one is
above the law. End summary.


2. (SBU) On August 16, Assinapol Rwigara, a well-known
local businessman, surrendered himself in the presence of his
attorneys to Prosecutor General Martin Ngoga. Rwigara had
been sought by police for questioning since mid-July, after
the collapse of a construction site dig for an office
building Rwigara planned to construct. Five workers lost
their lives, and several others were seriously injured. The
accident occasioned considerable media attention, and
immediate allegations of shoddy work practices and lack of
attention by city authorities (if not worse - rumors of
bribery also surfaced). Police responded with the issuance of
arrest warrants for Rwigara and several construction
engineers; the engineers were later released pending further
investigation.


3. (SBU) Rwigara family members at various times claimed he
had been arrested and detained, and expressed concern for his
safety, charges the police and prosecution service vigorously
denied. At the funeral of another local businessman's wife,
attended by many prominent Rwandans, Rwigara made a Scarlet
Pimpernel appearance, at one point supposedly addressing the
crowd on the unfairness of his status as a fugitive. Police,
tipped off, attempted to arrest him. Two generals, Kaka and
Rusegara (one retired and a member of parliament, the other
the head of a military training school),allegedly interfered
in the arrest, and Rusegara made his escape. The two
generals then found themselves under arrest for obstruction
of justice (the generals first court appearance was scheduled
for August 17). Ministry of Defense Secretary General Zac
Nzenga told polchief August 17 that senior police officials,
in a fury, conveyed their unhappiness to military justice
personnel, and demanded action. The military felt compelled
to respond with the arrest of the two generals, he said.
(Note: parliamentary officials also acted swiftly to life the
immunity of the MP).


4. (C) Despite continued claims by the family that Rwigara
was already under arrest and at risk of abuse, Ngoga told
polchief August 17 that friends and family members had in
fact quietly negotiated Rwigara's surrender with Ngoga over
the course of several days. Rwigara eventually appeared with
his legal counsel at Ngoga's office, and Ngoga accompanied
them to the police. With his counsel attending, said Ngoga,
police have begun their questioning of Rwigara. Claims by
Rwigara's family of secret arrest and possible abuse thus
appear to be untrue. Ngoga confirmed that the police officers
who had failed to affect the arrest of Rwigara at the funeral
service were also in custody, pending investigation into
their actions.


5. (C) Worth noting are Rwigara's past business practices
-- not all of Rwigara's activities have been entirely
aboveboard, and that may have colored official reaction to
the construction accident. For example, he engaged in
lucrative cigarette smuggling in the past, and has a criminal
conviction to show for it, say the police.


6. (C) Ngoga also discussed at some length a months-long
investigation by police and the prosecution service, based
upon the findings of an Auditor General's report issued at
the end of 2006 (see reftel). Forty-six government

institutions had been sent a letter of inquiry, asking for
detailed responses to the Auditor General's findings. Most
of the institutions had replied, some offering explanations
or additional documentation, some formally disagreeing with
the findings. Twelve cases alleging criminal behavior had
been filed in court, he said, and several institutions had
been cleared of any fault. To considerable local media
attention, over the last several days, the police and
prosecution service have summoned several senior officials,
including the Ministers of Finance and Commerce, to answer
questions and assist inquiries. Ngoga cautioned that
questioning did not imply that prosecutions necessarily lay
in store for any of the senior officials. He noted that a
team of prosecutors, police investigators and auditors
continued to examine carefully the Auditor General's
findings, responses by offices and ministries, and testimony
by officials.


7. (C) Comment. Assinapol Rwigara and his escapades seized
the nation's attention for several weeks (until overshadowed
by the summoning of senior officials regarding the Auditor
General's findings). However, the Rwigara incident appears
to be a routine police matter: workers lost their lives in a
construction accident, and serious allegations surfaced of
poor work practices and an inattentive city government. The
arrest of the generals is both more interesting and more
significant: two prominent military men, who apparently
attempted to use their high station to protect a friend in
legal distress, found themselves on the wrong end of Rwandan
law enforcement. Some Rwandans do feel that the attempted
arrest of Rwigara at a funeral was unseemly, and the
generals' actions were thus excusable. However, the
generals' alleged public display of disobedience to law, and
the lawful commands of law enforcement personnel, brought a
swift reaction.


8. (C) Comment continued. However, for this embassy, the
larger story, as shown by the arrest of the three men,
together with the summoning after months of careful
preparation of senior officials in regard to the Auditor
General's findings, is the sense that the GOR takes public
probity seriously. Breaches of public decorum (the
generals),evasion of one's civic responsibility to
participate in investigations (the businessman) and the poor
accounting for public funds (the forty-six public
institutions) will bring law enforcement to your door. While
we may differ with the Rwandans on the severity of their law
enforcement reaction -- are arrest warrants really necessary
for a construction accident, or generals who try to pull rank
on police officers -- we do not disagree with the principle
on display -- no one is above the law. End comment. .


ARIETTI