TWO ARRESTED GENERALS RELEASED ON BAIL

C O N F I D E N T I A L KIGALI 000747

SIPDIS

SIPDIS

E.O. 12958: DECL: 05/11/2017
TAGS: PHUM PGOV RW
SUBJECT: TWO ARRESTED GENERALS RELEASED ON BAIL

REF: KIGALI 743

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


1. (SBU) Following two same-day sessions of a military
court in Kigali, the presiding judge released Generals Frank
Rusegara and Sam Kanyemera Kaka on bail on August 17. The
court scheduled their next court session set for September 6.
Both men stand accused of interfering with police officers
in the performance of their duties, as the officers attempted
to arrest a businessman sought in connection with loss of
life at a construction site accident (reftel). Kaka, retired
from the military, is a member of parliament from the ruling
RPF; Rusegara is the commandant for a military training
school. Embassy FSN attended the court session. which was
conducted in Kinyarwanda, and reported in both the French and
English media.


2. (C) The two men will offer substantive and procedural
defenses at the next court hearings, retired General Kaka in
particular. Polchief spoke with Kaka's defense counsel on
August 20, who confirmed that Kaka will argue that 1) he took
no action against the police officers or in support of the
businessman; 2) his immunity as a member of parliament was
improperly lifted; and 3) he should not be tried in a
military court, as he is now a civilian. The counsel
acknowledged that under Rwandan law, civilians acting in
concert with members of the military can be prosecuted (and
frequently are) in military court. However, the counsel said
that Kaka's position will be that, while present at the same
well-attended funeral as General Rusegara and the businessmen
when the police officers appeared, he had no prior
discussions or agreement with Rusegara, and cannot be
considered to have acted in concert with him. According to
the attorney, Rusegara's counsel will equally argue that
Rusegara took no action toward the officers or in support of
the businessman, and simply attended the funeral as an
invited guest.


3. (C) Also on August 20, Acting Head of Military
Prosecutions, Captain Kayijuka Ngabo described in depth to
polchief the attempt by policemen to arrest the businessman
at the funeral, which occurred as a crowd of mourners
(including the businessman) left a reception area. He noted
that the testimony of witnesses was somewhat "conflicting."
For example, some witnesses said the generals pushed the
policemen, some said the generals pulled at the policemen,
others said they verbally abused the policemen, and still
others said the generals did nothing. Ngabo noted that many
guests at the funeral were upset by the appearance of the
police, and afterwards many either refused to give
statements, or, dismissively, said the two generals did
nothing at all. "We will let the court decide," said Ngabo.
He did note that General Rusegara had admitted verbally
reproaching the policemen, but denied any physical act on his
part.


4. (C) Ngabo believed that parliamentary officials had
properly lifted MP Kaka's immunity, and that Kaka's effort to
separate himself from Rusegara, as a civilian not subject to
military justice, if successful would only "land him in a
civilian court" on the same charge. He noted that the
offense, interfering with officers attempting to make an
arrest, was a misdemeanor ("delit"),with punishment set at
three months to two years. "This is not a terribly serious
offense," he said, "but we will prosecute in circumstances
like this -- even generals cannot interfere with officers of
the law."




ARIETTI