WHEREABOUTS OF GENERAL NKUNDA

C O N F I D E N T I A L KIGALI 000051 SIPDIS E.O. 12958: DECL: 01/21/201 TAGS: PREL PGOV PINR PINS RW SUBJECT: WHEREABOUTS OF GENERAL NKUNDA REF: IIR 6956007809 Classified By: Ambassador Symington for Reasons 1.4 (b) (d) ¶1. (C) As of January 28, General Laurent Nkunda continues to be held by Rwandan security forces in his family's residence in Gisenyi, according to close associates. He also has access to a government residence close by. He receives visits from family members (including a recent delivery of clothes from his wife),but permission must be sought first. He has access to cell phones, and his been "briefed" on his temporary status in Gisenyi by Rwandan authorities. The Rwanda Defense Forces (RDF) apparently control his immediate security -- Rwandan National Security Services (NSS) operatives say, "speak to the RDF," when questioned as to his status and treatment. ¶2. (C) Despite calls for Nkunda to be turned over to the Democratic Republic of the Congo (DRC),there has been no formal request. If a request were made, whether or not there is a valid extradition treaty (a point still under review), Nkunda would be likely to have an opportunity to mount a legal challenge. ¶3. (C) Rwandans and resident Congolese were surprised by Nkunda's arrest. Many were concerned that his removal from the Kivus would put in danger those fellow rwandaphones, living in the Congo, whom Nkunda purported to protect. A few were openly angry, both in the city and in Congolese rwandaphone refugee camps in Rwanda. ¶4. (C) Comment: President Kagame's decision to arrest Nkunda and cooperate militarily with the DRC has changed the intellectual landscape for Rwandans. Many doubt that the partnership with the DRC will prove beneficial over the long term for fellow rwandaphones in the Congo and Nkunda's immediate extradition would increase those concerns and, perhaps, spark anger in the CNDP that might complicate the ongoing operation. It is likely that Rwanda will hold Nkunda for the near future as the joint DRC/GOR operation progresses. Whether Nkunda remains in Rwanda over the long term, or is turned over to the DRC, or is permitted to move elsewhere may depend on the joint operation's success. End Comment. SYMINGTON