Identifier
Created
Classification
Origin
08NAIROBI1220
2008-05-09 10:24:00
CONFIDENTIAL
Embassy Nairobi
Cable title:
ICTR: GOVERNMENT OF KENYA FREEZES KABUGA'S ASSETS
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C O N F I D E N T I A L NAIROBI 001220
SIPDIS
E.O. 12958: DECL: 05/07/2018
TAGS: PGOV PREL PHUM KCRM KE
SUBJECT: ICTR: GOVERNMENT OF KENYA FREEZES KABUGA'S ASSETS
REF: 07 NAIROBI 4630
Classified By: DCM Pamela J. Slutz for reasons 1.4 (b and d)
-------
SUMMARY
-------
C O N F I D E N T I A L NAIROBI 001220
SIPDIS
E.O. 12958: DECL: 05/07/2018
TAGS: PGOV PREL PHUM KCRM KE
SUBJECT: ICTR: GOVERNMENT OF KENYA FREEZES KABUGA'S ASSETS
REF: 07 NAIROBI 4630
Classified By: DCM Pamela J. Slutz for reasons 1.4 (b and d)
--------------
SUMMARY
--------------
1. (C) The Government of Kenya (GOK) on May 6 moved to freeze
real estate assets in Nairobi owned by International Criminal
Tribunal for Rwanda (ICTR) fugitive, Felicien Kabuga. This
welcome move came as a response to a request for cooperation
made by the ICTR Chief Prosecutor to the GOK. While this is
a positive step, the GOK has so far failed to take other
necessary steps. With the May 6 "freeze", the GOK has likely
done just enough to avoid being cited for non-cooperation by
the ICTR Chief prosecutor in his May 12 report to the UN
Security Council (UNSC). We, in coordination with the
Friends of Kabuga group led by the Canadian High Commission,
have requested an appointment to demarche Foreign Minister
Wetangula and representatives of relevant ministries in an
effort to highlight additional steps the GOK should take to
fully cooperate with ICTR. End Summary.
--------------
ICTR Applies Pressure...
--------------
2. (C) The GOK followed up a November 2007 visit from ICTR
Chief Prosecutor Hassan Bubacar Jallow with the formation of
a joint ICTR-GOK task force. In response, Jallow wrote to
the GOK in April 2008 asking for: 1) seizure of ICTR fugitive
Felicien Kabuga's house; 2) delivery of National Security and
Intelligence Service (NSIS) intelligence on Kabuga; 3)
permission for a visit by Jallow; and 4) actions related to a
nephew of Kabuga. Subsequently, Attorney General Amos Wako
wrote to NSIS and the Minister of Justice to highlight the
need for cooperation with the joint task force. On April 20,
Jallow wrote to the GOK's Chief of Public Prosecution asking
for a progress report by May 5 to inform the drafting of
Jallow's written report to the UN Security Council, due May
12.
--------------
...And GOK Responds, Sort Of
--------------
3. (U) The GOK has not submitted the requested report on
progress in all four areas; however, the Department of Public
Prosecutions on May 6 petitioned the High Court in Nairobi to
freeze real estate in Nairobi owned by Kabuga. The GOK
further requested that the property be managed by a
government-appointed management company and that all rents
derived from the property (estimated at approximately
USD20,000 annually) be transferred to the ICTR. The court
approved the GOK's petition.
4. (C) The GOK has not fully complied with ICTR's other
requests for action. In light of the GOK's move to freeze
Kabuga's assets, Jallow is unlikely to cite Kenya for
non-cooperation in his written report detailing the extent of
GOK cooperation will be sent to the UNSC next week. (Note:
Jallow will present the report in person on June 4. End
Note.)
--------------
COMMENT
--------------
5. (C) While this move is welcome, the GOK needs to do more
to cooperate with the ICTR before Jallow's mandate expires at
the end of this year. We will continue to press the GOK to
intensify its cooperation with ICTR. We, in coordination
with the Friends of Kabuga group, have requested an
appointment to demarche Foreign Minister Wetangula and
representatives of relevant ministries on the steps needed
for the GOK to discharge its obligation to fully cooperate
with ICTR, which include increased intelligence sharing and
efforts to locate and arrest Kabuga. End Comment.
RANNEBERGER
SIPDIS
E.O. 12958: DECL: 05/07/2018
TAGS: PGOV PREL PHUM KCRM KE
SUBJECT: ICTR: GOVERNMENT OF KENYA FREEZES KABUGA'S ASSETS
REF: 07 NAIROBI 4630
Classified By: DCM Pamela J. Slutz for reasons 1.4 (b and d)
--------------
SUMMARY
--------------
1. (C) The Government of Kenya (GOK) on May 6 moved to freeze
real estate assets in Nairobi owned by International Criminal
Tribunal for Rwanda (ICTR) fugitive, Felicien Kabuga. This
welcome move came as a response to a request for cooperation
made by the ICTR Chief Prosecutor to the GOK. While this is
a positive step, the GOK has so far failed to take other
necessary steps. With the May 6 "freeze", the GOK has likely
done just enough to avoid being cited for non-cooperation by
the ICTR Chief prosecutor in his May 12 report to the UN
Security Council (UNSC). We, in coordination with the
Friends of Kabuga group led by the Canadian High Commission,
have requested an appointment to demarche Foreign Minister
Wetangula and representatives of relevant ministries in an
effort to highlight additional steps the GOK should take to
fully cooperate with ICTR. End Summary.
--------------
ICTR Applies Pressure...
--------------
2. (C) The GOK followed up a November 2007 visit from ICTR
Chief Prosecutor Hassan Bubacar Jallow with the formation of
a joint ICTR-GOK task force. In response, Jallow wrote to
the GOK in April 2008 asking for: 1) seizure of ICTR fugitive
Felicien Kabuga's house; 2) delivery of National Security and
Intelligence Service (NSIS) intelligence on Kabuga; 3)
permission for a visit by Jallow; and 4) actions related to a
nephew of Kabuga. Subsequently, Attorney General Amos Wako
wrote to NSIS and the Minister of Justice to highlight the
need for cooperation with the joint task force. On April 20,
Jallow wrote to the GOK's Chief of Public Prosecution asking
for a progress report by May 5 to inform the drafting of
Jallow's written report to the UN Security Council, due May
12.
--------------
...And GOK Responds, Sort Of
--------------
3. (U) The GOK has not submitted the requested report on
progress in all four areas; however, the Department of Public
Prosecutions on May 6 petitioned the High Court in Nairobi to
freeze real estate in Nairobi owned by Kabuga. The GOK
further requested that the property be managed by a
government-appointed management company and that all rents
derived from the property (estimated at approximately
USD20,000 annually) be transferred to the ICTR. The court
approved the GOK's petition.
4. (C) The GOK has not fully complied with ICTR's other
requests for action. In light of the GOK's move to freeze
Kabuga's assets, Jallow is unlikely to cite Kenya for
non-cooperation in his written report detailing the extent of
GOK cooperation will be sent to the UNSC next week. (Note:
Jallow will present the report in person on June 4. End
Note.)
--------------
COMMENT
--------------
5. (C) While this move is welcome, the GOK needs to do more
to cooperate with the ICTR before Jallow's mandate expires at
the end of this year. We will continue to press the GOK to
intensify its cooperation with ICTR. We, in coordination
with the Friends of Kabuga group, have requested an
appointment to demarche Foreign Minister Wetangula and
representatives of relevant ministries on the steps needed
for the GOK to discharge its obligation to fully cooperate
with ICTR, which include increased intelligence sharing and
efforts to locate and arrest Kabuga. End Comment.
RANNEBERGER