TRANSFER OF GENOCIDE SUSPECTS TO RWANDA - UK

UNCLAS KIGALI 000422 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PREL PGOV PHUM RW SUBJECT: TRANSFER OF GENOCIDE SUSPECTS TO RWANDA - UK "YES," ICTR "NOT YET" REF: A. KIGALI 369 ¶B. KIGALI 380 ¶C. KIGALI 415 ¶1. (SBU) Summary. Rwanda has received three different judicial evaluations recently of its capacity to try 1994 genocide suspects returned from abroad. A British district judge most recently ruled in favor of the extradition of four individuals to Rwanda for trial, citing sufficient judicial independence and legal protections. Two ICTR rulings differed in their treatment of Rwandan judicial failings, but welcomed futher progress by Rwanda that might justify a later transfer of suspects. While pleased with the British decision, the ICTR rulings dented Rwanda's claims to being fully prepared for case transfers of genocide suspects. Each decision will likely be appealed. End summary. ¶2. (SBU) Local reaction to the British decision was quite enthusiastic. The judge decided that the charges brought against the four were not ethnically motivated, and that the 2007 Rwandan Organic Law on the transfer of cases from the ICTR provided enough legal support and protection for potential witnesses and the suspects for their extradition. Noting the lack of a extradition treaty, the judge found a Memorandum of Understanding between the two governments sufficient for transfer. The British judge did not spare criticism of the Government of Rwanda (GOR) in his ruling, noting there was "fundamental agreement" that the GOR is "not a democracy, but an authoritarian state," where freedom of the press is lacking. However, he rejected arguments that a "culture of interference attempts" by government officials in the past, and recent "intemperate language" by GOR officials on the Spanish indictments constituted a lack of judicial independence which would prevent extradition. ¶3. (SBU) In his ruling (note: unofficial copy obtained locally by the embassy),the British judge also brusquely dismissed testimony from "expert" defense witnesses and vocal GOR critics including "Hotel Rwanda" subject Paul Rusesabagina and Dutch academic Filip Reyntjens, questioning their expertise and knowledge of Rwanda and its judicial system as they exist today. The judge called some of Rusesabagina's claims, including placing the blame for the genocide on members of the Rwandan Patriotic Army (RPA) and of RPA participation in killings at genocide roadblocks, "worthless, wild, and exaggerated." The pro-government New Times seized on this portion of the decision, printing it in its entirety under the headline, "How a UK judge exposed and shamed Paul Rusesabagina." ¶4. (SBU) Reaction to the ICTR decisions was more muted. In the first ICTR panel decision, judges cited GOR condemnation of the Spanish indictment of 40 senior Rwandan military officials (ref A) as evidence of its antipathy to judicial independence (ref B). The panel also cited witness protection problems and technical sentencing issues regarding possible life sentences with solitary confinement as reasons for denial of transfer. A second ICTR panel days later ruled against the transfer of another genocide suspect for similar witness protection concerns and technical sentencing issues regarding solitary confinement. However, the second ICTR panel examined but rejected the notion of a lack of judicial independence in Rwanda, and in fact commended GOR progress in Qindependence in Rwanda, and in fact commended GOR progress in the judicial sector. The two ICTR decisions explicitly invited further progress and reforms by the GOR. ¶5. (SBU) Comment: The jury is still out on whether the international community will ultimately accept the transfer of genocide cases to Rwanda. While the GOR is certainly pleased with the UK decision supporting extradition (and also rubbishing two principal opposition critics),the ICTR decisions have dented its claims to be fully prepared for the return of principal genocide suspects. As noted in ref C, the recent GOR indictment and arrest of four RPA officers for revenge killings in the 1994 tragedy may not be a coincidence, as Rwanda seeks to convince the world that Rwanda will seek justice and render it fairly. End comment. WELLER