FOUR RWANDAN OFFICERS ARRESTED FOR 1994 REVENGE

C O N F I D E N T I A L KIGALI 000415

SIPDIS

E.O. 12958: DECL: 06/14/2018
TAGS: PREL PGOV RW
SUBJECT: FOUR RWANDAN OFFICERS ARRESTED FOR 1994 REVENGE
KILLINGS

REF: 07 KIGALI 296

Classified By: Ambassador Michael Arietti for
Reason 1.4 (b) (d)


1. (U) On June 11, a Rwandan military spokesman announced
the arrest of four military officers (one retired) for the
June 5, 1994 killing of 13 Catholic clergy, including several
bishops, at Kabgayi, a Catholic church complex. These
alleged murders occured at the height of the genocide, when
advancing Rwanda Patriotic Army (RPA) soldiers overran the
nearby town of Gitarama, the then seat of the rump genocide
government formed by Hutu extremists after the death of
President Habyarimana. According to the spokesman, the
arrests of General Wilson Gumisiriza, Major Wilson Ukwishaka,
Captain John Butera, and Captain Dieudonne Rukeba, followed
upon a joint investigation by the ICTR and Rwandan
authorities. Of note, General Gumisiriza and Captain Butera
are numbers 24 and 33 respectively on the list of forty
officers indicted by the Spanish judge in February.


2. (U) The announcement of these arrests comes one week
after the June 4 statement by ICTR prosecutor Hassan Jallow
before the Security Council, stating that, acting in
collaboration with the Government of Rwanda (GOR),a prima
facie case had been established that these killings had been
committed by RPA troops (now known as the RDF, Rwanda Defence
Force). Jallow noted the intention of GOR officials to
effect arrest and prosecution, and his decision to "hold in
abeyance" any further action on the case. His office, said
Jallow, would monitor the trial proceedings.


3. (C) On June 12, Mohammed Ayat, senior legal advisor at
the ICTR office in Kigali, confirmed to pol/econ chief the
ICTR's intention to monitor the trial, commenting that an
ICTR trial attorney would arrive "soon" to liaise with GOR
authorities. Ayat thought this would be "the only case to be
undertaken by the GOR" in connection with ICTR investigations
of RPA/RDF revenge killings or war crimes. ICTR Chief
Investigator in Kigali Alfred Kwende told us June 13 that as
far as he was aware, no investigation files had yet been
turned over to the GOR in this case, noting as he has in the
past that the ICTR office investigating this and other cases
of RPA/RDF killings had been removed from Kigali to Arusha
several years ago for "security concerns."


4. (C) In a separate conversation June 12, Rwanda Supreme
Court Vice President Sam Rugege told us that, while the case
would begin in the military high court, it would likely end
on appeal before the civilian Supreme Court, as military
defendants in felony cases had an automatic right of appeal
to his court. If the case ended in acquittal, he noted,
under Rwandan law prosecutors could also appeal to his court.


5. (C) Comment. This wartime incident has been the subject
of discussion for some time between the GOR and the ICTR
(reftel),the ICTR opting for a negotiated indictment by the
Rwandan government of RPA/RDF suspects, rather than
indictment (and possible transfer) by the ICTR itself. The
timing of the arrests is interesting, as these arrests come
on the heels of three decisions regarding the return of
suspected genocidaires for trial to Rwanda, one, favorable,
by the British government and two, not favorable, by ICTR
panels (septel). These arrests and prosecution will begin to
Qpanels (septel). These arrests and prosecution will begin to
answer critics of the ICTR and the GOR -- that only crimes by
Hutu extremists have been addressed. The GOR in fact has
prosecuted several dozen officers and enlisted men for
revenge killings and failures of command responsibility
during the 1994 genocide and resulting insurgency (although
usually resulting in light sentences). This is only one
case, among the many remaining alleged offenses attributed to
the RPA/RDF, but it is a start. End comment.

ARIETTI