GOVERNMENT ASSURANCES ON BWINDI DEFENDANTS

UNCLAS KIGALI 000915

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PHUM PREL KJUS RW
SUBJECT: GOVERNMENT ASSURANCES ON BWINDI DEFENDANTS

REF: A. DHS A/S JULIE MYERS SEPTEMBER 17 LETTER TO A/S
FRAZER

B. KIGALI 0634


1. (SBU) Embassy has reviewed the September 17 letter from
Department of Homeland Security ICE A/S Julie Myers to A/S
Frazer, detailing the immigration judge's decision in regard
to one of the three Bwindi defendants. In her letter, A/S
Myers requested the Department of State to offer a "preferred
approach on effectuating removal" from the United States.
Reftel explored at length the low risk of Government of
Rwanda mistreatment of the Bwindi defendants, including the
Minister of Justice, Tharcisse Karugarama's statement to the
Ambassador that "the GOR would be willing to give appropriate
written assurances to the USG concerning treatment of the
defendants."


2. (SBU) Minister Karugarama recently renewed this offer of
assurances. The minister stated categorically that Rwanda
would be willing to give written assurance, in whatever form
required by the United States government, on proper treatment
of the Bwindi defendants. As we have previously stated, the
GOR prosecution of the Bwindi defendants would not take place
in a legal or political vacuum, but rather would occur
against the backdrop of the GOR's ongoing campaign to secure
the return of genocide suspects from nations around the world
and from the ICTR.


3. (SBU) Acutely aware of the necessity to demonstrate to
the international community its adherence to due process
standards, the GOR is presently engaged with Finnish and
British authorities on extradition requests for suspected
genocidaires found in their respective countries. It is also
seeking the transfer of defendants from ICTR in Arusha to
Rwanda. As a matter of high state policy, the GOR is
committed to an integrated regime of acceptable detention
facilities, proper due process protections, and appropriate
international observation. Rwanda stands ready to offer this
same comprehensive system of protections to the Bwindi
defendants.




ARIETTI