Identifier
Created
Classification
Origin
08KIGALI113
2008-02-11 15:13:00
CONFIDENTIAL
Embassy Kigali
Cable title:  

JUSTICE MINISTER ON ILAC REPORT, BWINDI

Tags:  PGOV PREL PHUM RW 
pdf how-to read a cable
VZCZCXYZ0002
PP RUEHWEB

DE RUEHLGB #0113 0421513
ZNY CCCCC ZZH
P 111513Z FEB 08
FM AMEMBASSY KIGALI
TO RUEHC/SECSTATE WASHDC PRIORITY 5118
INFO RUEHDR/AMEMBASSY DAR ES SALAAM 1061
C O N F I D E N T I A L KIGALI 000113 

SIPDIS


SIPDIS

E.O. 12958: DECL: 01/03/2018
TAGS: PGOV PREL PHUM RW
SUBJECT: JUSTICE MINISTER ON ILAC REPORT, BWINDI
DEFENDANTS, LEGAL CODES


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

C O N F I D E N T I A L KIGALI 000113

SIPDIS


SIPDIS

E.O. 12958: DECL: 01/03/2018
TAGS: PGOV PREL PHUM RW
SUBJECT: JUSTICE MINISTER ON ILAC REPORT, BWINDI
DEFENDANTS, LEGAL CODES


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


1. (C) Summary. Ambassador met February 4 with Minister of
Justice Tharcisse Karugarama. The Minister expressed strong
reservations about the justice sector survey conducted by the
International Legal Assistance Consortium (ILAC),saying it
was not a proper basis for a fund-raising efforts, as not
coordinated with existing donor programs. In inquiring about
the status of the Bwindi defendants, he expressed regret at
the U.S. judge's suppression of their confessions, but
suggested that Rwanda could proceed with prosecution if they
were returned to Rwanda. He welcomed help in putting draft
anti-terrorism legislation into final form, and said the
draft penal code would might be ready by the end of the year.
The great majority of genocide cases before the regular
courts would be transferred to the gacaca traditional courts,
he said, with only a small number involving the very senior
genocide leadership retained by the regular courts. End
summary.


2. (C) In a February 4 meeting with the Ambassador,
Karugarama began by expressing strong reservations about the
ILAC review of the justice sector, saying it had been poorly
coordinated with existing donor programs, and was not up to
date on the actual state of justice sector reforms. It was
too broad an assessment, he said, and a more narrow focus on
ICTR case transfer requirements would have been more helpful,
he said. The GOR did not want fund-raising to be conducted
on the basis of the ILAC report, he said. He felt that many
improvements needed to enable the transfer of cases from
Arusha to Kigali had already been met. The GOR might need
help in making its case arguments before the ICTR panel
examining applications for transfers to Rwanda. The Minister
promised to send a list of case transfer needs to the Mission.


3. (C) The Minister next inquired about the status of the
three Bwindi defendants, currently detained by Homeland
Security following the dismissal of the criminal case against
them for the murder of several American citizens in Uganda in
the late 1990s. Ambassador noted that the Mission awaited
instructions on the possibility of seeking assurances from
the Rwandan government, to govern any prosecution by the GOR.
The Minister expressed regret at the suppression of the
three men's confessions by the American judge. The
Ambassador asked whether the Ministry of Justice thought that
the prosecution could argue the case of the confessions
obtained prior to transfer to the U.S. were not allowed. The
Minister said that if there was corroborating evidence for
the confessions, Rwanda could likely proceed. He also
commented that Uganda still had jurisdiction in the matter,
should the Ugandans wish to exercise it. The Ambassador
replied that the USG had explored Ugandan prosecution of the
case without notable success. The Minister then noted that
Rwanda had signed and ratified the International Convention
Against Torture, but was unsure if his government had yet
registered the instrument of accession.


4. (SBU) Regarding various pieces of legislation, the
Minister said that the GOR had taken donor comments into
account in drafting anti-terror legislation, but would
welcome additional assistance in preparing the draft texts.
He promised to send the Mission the latest draft.


5. (SBU) On the draft penal code, he thought the text might
be passed into law by the end of the year; the Ambassador
expressed strong support for the comprehensive
anti-trafficking-in-persons sections of the draft code.
Qanti-trafficking-in-persons sections of the draft code.


6. (C) On gacaca courts (traditional courts trying genocide
cases),he said new legislation would transfer the great
majority of remaining category one cases from the regular
courts to gacaca courts, which would use the "most effective
judges" from the 3000-odd panels that had been trying cases.
He commented that a special gacaca review body based at the
headquarters of the Gacaca Service in Kigali was currently
examining a small number of cases in which miscarriages of
justice may have occurred. A very small number of cases
concerning the senior genocide planners would be tried in the
regular courts.


7. (SBU) On the draft media law, he said there was some
disagreement within the cabinet on the current text, which
was in a very "raw" form.


ARIETTI