RWANDAN PUBLIC PROSECUTOR IN THE UNITED STATES:

C O N F I D E N T I A L STATE 132306


E.O. 12958: DECL: 12/17/2018
TAGS: CVIS PINS PREL RW
SUBJECT: RWANDAN PUBLIC PROSECUTOR IN THE UNITED STATES:
DEMARCHE INSTRUCTIONS

REF: AF/KIGALI E-MAILS OF 12/16/08

Classified By: AF ACTING A/S PHILLIP CARTER FOR REASONS 1.4(B) AND (D)


1. (U) Embassy Kigali is instructed to deliver the points
in Para 7 below as soon as possible to the highest
appropriate level within the Rwandan government. AF
Acting A/S Carter delivered these same points to Rwandan
Ambassador Kimonyo on Wednesday, December 17.

BACKGROUND


2. (SBU) On December 12, AF learned that a person
purporting to represent the Rwandan government's Genocide
Fugitives Tracking Unit had appeared two days earlier at a
Maryland college and informed the college president that a
Rwandan professor teaching at the institution was accused
of involvement in the 1994 Rwandan genocide. The Rwandan
government official (since confirmed to be Jean Bosco
Mutangana, chief of the Tracking Unit at the Rwandan
Prosecutor's office) was accompanied by an NBC News
reporter. As a result of the visit, the college president
placed the professor, who asserts his innocence of
genocide, on leave. AF was faxed a 33-page GOR indictment
of the professor that the visitors had given him. The
indictment requests the professor's arrest and extradition
to Rwanda.


3. (SBU) On December 15, the Human Rights Law Division of
DHS/ICE contacted AF to ask whether the Department was
aware that Jean Bosco Mutangana, chief of the Tracking
Unit at the Rwandan Prosecutor's Office, has been
traveling around the United States with an NBC crew,
contacting U.S. law enforcement officials working on
genocide suspects' cases, and informing those suspects'
U.S. employers that they are employing genocidaires.
According to Embassy Kigali, Mutangana possesses a valid
B1/B2 visa issued in September 2008; at the time of his
visa application, Mutangana stated that he was traveling
to the United States to assist an NBC News crew with a
documentary related to tracking and prosecuting alleged
genocidaires.


4. (SBU) The Department of Justice's Office of Special
Investigations (OSI) reports that it learned approximately
six months ago that NBC planned a multi-part prime-time
series and attempted, together with DHS/ICE, to discourage
NBC from producing the program because of the likelihood
it would unfairly prejudice innocent persons, and because
public disclosure could potentially jeopardize open
investigations. For these reasons, DHS and DOJ refused to
participate in the production of the program. (According
to DOJ, it has eight open investigations involving
naturalized U.S. citizens, and DHS has the same number on
non-citizens, all of which could be negatively affected by
public disclosures.) OSI has provided the Department the
following additional timeline of events:

- On/About December 3, OSI heard from a U.S. Attorney's
Office in New York State that NBC had confronted a local
police chief and sheriff, telling them that a notorious
genocidaire was living in their town. The regional ICE
office reassured the local law enforcement officials that
the case was being handled appropriately.

- On/About December 8, OSI received indirectly a copy of
an e-mail apparently written by Mutangana on December 4 to
his NBC contact, advising the reporter that a U.S. citizen
in New York State was interfering with the investigation
of an International Criminal Tribunal for Rwanda (ICTR)
case. Despite multiple covnersations between DOJ and the
Government of Rwanda about both countries' investigations
of that person, DOJ had never received the information in
the Mutangana-NBC e-mail directly.

- On December 10, Mutangana entered the United States on
his B1/B2 visa. (OSI was unaware of this until December
15.)

- Between December 8 and 15, OSI repeatedly attempted to
contact Mutangana, with whom OSI and ICE have worked
extensively in the past, to ask him about the December 4
e-mail, but Mutangana did not respond.

- Late in the week of December 8, the FBI learned from a
Pennsylvania police department that NBC had confronted yet
another Rwandan indictee living in the United States.

- On December 15, Mutangana left a phone message at OSI,
informing the office that he is in the United States. OSI
has not returned the call.

- On December 16, OSI learned that NBC confronted the
identified individual in New York State on camera and
requested that he "turn himself in." U.S. law enforcement
had informed this person of NBC's intentions and offered
to keep NBC off his property, but the crew were
nonteheless successful in getting the individual to speak
about the case.


5. (SBU) The Department understands from Embassy Kigali
(ref) that Rwandan Prosecutor General Martin Ngoga
confirmed on December 16 that Mutangana is in the United
States on official GOR business - that business consisting
of working with NBC officials on a documentary that the
GOR apparently hopes will show the Rwandan government and
its prosecutorial efforts in a good light, as well as
highlight attempts to secure the return of suspected
genocidaires living abroad. Ngoga seemed surprised by the
extent of Mutangana's reported activities.


6. (SBU) While it is extremely important that Mutangana's
activities cease before they further jeopardize the USG's
ability to prosecute alleged genocidaire fugitives and to
remove them administratively to Rwanda, the U.S.
government does hope that the excellent working
relationship we have had with the Rwandan Justice
Ministry, including the Fugitives Tracking Unit and
Mutangana personally, can continue.

DEMARCHE INSTRUCTIONS FOR EMBASSY KIGALI


7. (SBU) In light of the foregoing information, Embassy
Kigali is instructed to deliver the following demarche to
the GOR at the highest appropriate level. The Department
will deliver identical points to Rwandan Ambassador
Kimonyo.

- The U.S. Government understands that Rwandan prosecutor
Jean Bosco Mutangana, chief of the Genocide Fugitives
Tracking Unit, is currently in the United States, engaging
in what appears to be a mixture of official duties on
behalf of the prosecutor's office and assistance to the
U.S. news network NBC.

- Mr. Mutangana has contacted several U.S. law enforcement
agencies, provided information to those agencies on
alleged Rwandan genocide fugitives living in their
jurisdictions, and pressed them to take action against the
alleged fugitives. He has also visited at least one
individual's employer with similar allegations, an action
that resulted in a suspension of the person's employment.

- In addition, Mr. Mutangana has reportedly provided
individuals with copies of arrest warrants and
indictments, and confronted one indicted individual
directly and accused him of interfering with witnesses at
the International Criminal Tribunal for Rwanda.

- These actions, taken without appropriate advance
coordination between the governments of Rwanda and the
United States, run the risk of jeopardizing ongoing law
enforcement investigations in both countries.

- We are also concerned that activities carried out in the
public domain risk exposing innocent individuals to
unjustified scrutiny or punitive action, including but not
limited to the possible loss of their legitimate
employment.

- The Foreign Agents Registration Act requires foreign law
enforcement officials to notify the U.S. Government prior
to conducting any law enforcement activities in the United
States. Mr. Mutangana did not notify the U.S. Government
of his plans or receive consent for the activities in
which he has apparently been engaged.

- Moreover, if Mr. Mutangana is engaging in official
Rwandan government business while in the United States, he
should have traveled to and entered the United States
using the appropriate diplomatic category of visa for this
purpose. As Mr. Mutangana did not, prior to his travel,
indicate to the U.S. government any intent to conduct
investigative or prosecutorial activities in the United
States, his proper status in the United States in light of
his reported activities over the past week is
questionable.


8. (U) Embassy Kigali should deliver these points no
later than Friday, December 19, and report back
immediately to AF/C (Acting Director Siria Lopez).

DEMARCHE DELIVERED IN WASHINGTON


9. (C) AF Acting A/S Carter delivered the above points to
Rwandan Ambassador James Kimonyo (accompanied by Political
Counselor Andrew Tusabe) on December 17. Kimonyo had just
returned from New York the previous day and claimed
unfamiliarity with the Mutangana situation. Tusabe,
however, said he was aware Mutangana is in the United
States for what Tusabe described as "vacation." Both
officials knew of NBC's project as described in para 4
above; the Ambassador said NBC had visited him about three
months ago in search of information on former genocidaires
now living in the United States. A/S Carter noted the
right of NBC News, as a member of a free press, to conduct
whatever media inquiries it wanted, but expressed concern
about the role of a GOR official acting in a
quasi-official capacity as has been reported. Throughout
the discussion, Amb. Kimonyo repeatedly attempted to
deflect attention away from Mutangana's actions, instead
noting the slow pace of the U.S. investigations and
prosecutions as well as the alleged crimes of the targeted
individuals themselves. He did say, however, that he
would contact his government and relay any response back
to the Department.


RICE