WAR CRIMES AMBASSADOR VISITS RWANDA ON ICTR CASE

C O N F I D E N T I A L KIGALI 000276 SIPDIS SIPDIS E.O. 12958: DECL: 04/17/2018 TAGS: PREL PHUM PINR RW SUBJECT: WAR CRIMES AMBASSADOR VISITS RWANDA ON ICTR CASE TRANSFERS AND JUSTICE SECTOR ASSISTANCE REF: A. KIGALI 259 ¶B. KIGALI 204 Classified By: Ambassador Michael R. Arietti, reason 1.4 (B/D) ¶1. (C) Summary. Ambassador at Large for War Crimes Ambassador Clint Williamson met with a variety of Rwandan officials April 13-16 to discuss the prospects for case transfers from the International Criminal Tribunal for Rwanda (ICTR. Cautioning officials that the ICTR may initially rule against case transfers to Rwanda, he pledged USG assistance with any needs the Tribunal identifies as an impediment to those transfers. Rwandan officials noted their objections to criticisms of the judicial sector by the International Legal Assistance Consortium (ILAC) published in the fall of 2007, but agreed that any deficiencies identified by the ICTR would need to be addressed, and welcomed USG efforts to find a donor vehicle for doing so. End summary. ¶2. (C) Ambassador Clint Williamson, accompanied by Ambassador Arietti and staff members of each, met separately with the Ministers of Foreign Affairs and Justice, the Vice President of the Supreme Court, the Vice President of the High Court, the Secretary General of the Ministry of Internal Security (responsible for prisons),the Prosecutor General, and with the Legal Advisor and Minister without Portfolio at the presidency during Williamson's April 13-16 visit to Kigali, In all meetings, Williamson emphasized USG interest in seeing successful case transfers to Rwanda from the ICTR in Arusha, and USG willingness to assist with donor coordination in addressing whatever gaps in judicial capacity may be identified in the ICTR's review of transfer applications by the Tribunal prosecutor. Williamson advised Rwandan officials that early indications from the court were that the Tribunal may well rule against case transfer at the trial level. The USG would continue to support case transfers, and work for an improved judicial sector in Rwanda as those cases rose to the appellate level at the ICTR. ¶3. (C) Williamson sought to address Rwandan unhappiness with the ILAC study of the judicial sector, a review conducted at the request of the Rwandan government and supported by the USG, published in November 2007. Justice Minister Tharcisse Karugarama and Supreme Court Vice President Sam Rugege were particularly harsh in their assessments of the ILAC study, �A;Karugarama calling it "shallow, lazy, uninformed and intellectually dishonest," and Rugege saying it was "based on rumor." (Note: the report indicates such problems as: exceptionally long pre-trial detention; inadequate time and facilities to prepare legal defenses; continuing allegations of political pressure on judges; the small number of prosecutions of military officers for war crimes at the time of the genocide; lack of adequate witness and victim protection programs; lack of a public and independent accountability mechanism for police abuses; and an NGO community that may still have a "sense of vulnerability." We find all these criticisms to be reasonable ones. End Note). Williamson advised that the GOR should focus on concrete recommendations for improvements in the judicial sector, whatever the source might be -- the ILAC report, an ICTR decision setting forth remaining obstacles to genocide case Qdecision setting forth remaining obstacles to genocide case transfers, or a donor-generated list of suggested improvements. Karugarama, Rugege and others agreed that any remaining problems identified by the ICTR should be addressed, Karugarama noting that his ministry had hired five international consultants and would be expecting their needs assessment in the next few months. ¶4. (C) Both High Court President Johnson Busingye and Prosecutor General Martin Ngoga noted GOR willingness to have international judges preside in ICTR cases transferred to Rwanda, Ngoga cautioning that it would best be accomplished as an internal GOR decision, rather than one imposed by the ICTR or other external partners. "Let us decide to do that," he said. In welcoming the possibility of foreign judges in ICTR genocide cases, Busingye noted the recent arrival of judges from Mauritius to preside at new commercial courts. In additional comments, Ngoga said the ILAC report was "not so bad," was "curable," and that "some people here are very sensitive," but understood the need for improved judicial sector performance. ¶5. (C) Williamson also announced in his meetings with GOR officials the upcoming revival of the Rewards for Justice program, aimed most particularly at genocidaires residing in the Democratic Republic of the Congo (DRC). The program would include the assignment of two ICTR investigators to the eastern Congo, and pledges by MONUC to cooperate in the search for suspects. In a meeting with local ICTR officials, Williamson discussed the mechanics of the revived rewards program, and the usefulness of close cooperation between the ICTR, MONUC, the government of the DRC, and the USG. In his discussions with Internal Security Secretary General Joseph Mutaboba, Williamson applauded the continuing efforts to ready prison facilities for ICTR case transfers, and noted that he had toured the Kigali 1930 prison "VIP" wing and found it in a good stage of readiness for transferees. Mutaboba relayed his particular concern for adequate vehicles to manage physical transport of prisoners from prison to transit center to court and back. 6 (C) Comment. Rwandan officials of late are reacting strongly to any inference of poor performance by Rwanda in the governance/human rights/justice sectors -- reftels on the ongoing Joint Governance Assessment show the emotional reaction of some senior Rwandan officials to external criticisms, even if generated from assessments to which they have themselves consented. Ambassador Williamson's cold dose of upcoming reality -- the strong possibility of the ICTR denying case transfers at the trial level -- has and will continue to focus the minds of Rwandan officialdom on needed improvements in the judicial sector. ¶7. (SBU) Ambassador Williamson did not clear this cable before his departure. ARIETTI