INDEPENDENT NEWSPAPER AWAITS VERDICT IN DEFAMATION

C O N F I D E N T I A L KIGALI 000076

SIPDIS

E.O. 12958: DECL: 02/09/2020
TAGS: PGOV KMCA MCC PHUM KPAO RW
SUBJECT: INDEPENDENT NEWSPAPER AWAITS VERDICT IN DEFAMATION
CASE

Classified By: Ambassador W. Stuart Symington for reasons 1.4 (b) (d)


1. (SBU) SUMMARY: Editor and journalist Didas Gasana and
journalist Richard Kayigamba of the independent
Kinyarwanda-language weekly newspaper Umuseso appeared in
court January 27 on charges of defamation and invasion of
privacy over an article they published alleging an affair
between the mayor of Kigali city and the Minister of Cabinet
Affairs. The judge denied requests by the accused to postpone
the trial because their lawyer was not available, so the
defendants refused to give testimony during the trial.
Prosecution asked for one-year imprisonment for both
defendants and the Umuseso director, Charles Kabonero, who is
currently out of the country, a fine of 15 million Rwandan
francs in damages (approximately $30,000),and the indefinite
closure of the newspaper. The verdict is due February 22. END
SUMMARY.


2. (SBU) In November, Umuseso published a story alleging an
affair between Kigali city mayor Aisa Kirabo and Minister of
Cabinet Affairs Protais Musoni. The authors claimed that when
President Kagame learned of the affair, he advised the
mayor's husband to deal with his wife and he would deal with
his minister. According to the story, the mayor's husband
beat her so badly that she left the country to seek medical
treatment. In December, the Media High Council (MHC) wrote
two letters to Umuseso editor Didas Gasana asking for an
explanation of the story and for proof of the affair.
Umuseso's editor refused to give an explanation and/or
evidence, saying they had already been questioned by the
police, who had sent their case to the prosecution. In
November, Umuseso published the mayor,s reaction to the
article and in January they published a statement by Minister
Musoni.


3. (SBU) The court summoned Umuseso director Charles
Kabonero, journalist Richard Kayigamba, and Gasana to trial
January 27. Kabonero did not appear, but Gasana and Kayigamba
did and requested a postponement on grounds that their lawyer
was unavailable. The judge refused their request and the
trial continued, although the defendants did not speak. The
prosecution asked for one-year prison sentences for the three
defendants, a fine of 15 million Rwandan francs in damages
(approximately $30,000),and the indefinite closure of
Umuseso. They also used a MHC report detailing Umuseso's
prior offenses as evidence of the defendants, reluctance to
follow the law and journalistic standards. The verdict is
expected February 22; at that time, the defendants can appeal
the decision, ask for a retrial, or accept the verdict.


4. (C) COMMENT: Rwandan media frequently make mistakes of
fact and, in many cases, publish stories that they are paid
to publish as if they were news items. In such cases, the
facts are often wrong and intended to be wrong by those
planting the stories. Our MCC funded media program is
focused on professionalism and ethics, but the media culture
and media economics here are not likely to change overnight.
In this case, many Rwandans believe that there is truth to
the story, but the wrong person was implicated in a matter
that does not bear on public duties. Umuseso published this
story shortly after a Rwandan court resolved an invasion of
privacy case involving another news paper often very critical
of the government Umuvugizi. In that case the paper was found
guilty and ordered to pay a fine, despite widespread
pre-judgment concerns voiced by media advocates that the
Qpre-judgment concerns voiced by media advocates that the
court might impose a sentence of imprisonment in the case, or
even close the paper. Truth is a defense to a conviction for
invasion of privacy, but only if what is published is a fact
"that has an impact on the country's public life." END
COMMENT.
SYMINGTON