THE CRIMINAL PAUL KAGAME IS INVITED BY HIS GODFATHER BILL CLINTON TO DISCUSS MINERALS IN DRC

After Chicago, Paris, Pittsburg, Bill Clinton with his Clinton Global Initiative decide to invite the criminal Kagame to their Annual Meeting 2011
When: Thursday September 22, 2011. From 9:00 am-10:00 am
What: Engaging Boys and Men as Allies for Long-term Change
Participants:
Michelle Bachelet, Former President of the Republic of Chile
Gary Thomas Barker, International Director, Instituto Promundo
Paul Kagame, President of the Republic of Rwanda
Muhammad Yunus, Chairman, Yunus Centre

Where:
Sheraton New York Hotel and Towers
811 7th Ave On 53rd Street
New York, NY 10019
            (212) 581-1000      
Please come to make your voice heard loud and clear!!!

BEHIND THE PRESIDENTIAL CURTAINS

From Inyenyeri Newspaper

The South African intelligence service has unveiled news of another failed assassination attempt against Gen Kayumba Nyamwasa by his long-time comrade turned enemy President Paul Kagame.

This is a third attempt so far after the initial one that got him shot in the stomach and a series of a few that involved planed poisoning of the former Member of High Command, Head Intelligence of the RPA, Army Commander of the Rwanda Defence Forces and Rwandan Ambassador to India who has since sought refuge to South Africa fearing for his dear life from BAD MAN Mr Kagame, president of the republic of Rwanda.

This plot was rather a deadlier of the lot since it is said to have involved the plan to use a medium machine gun that would be used to gun down not only the General but sweep his entire family and any living creature in his Johannesburg home.

It is said to have involved an enormous amount of Rwandese people’s taxpayer money spent by Mr. Kagame just to eliminate one of the country’s heroes. For us who were involved in the bush war that made Kagame the dictator of the world, we surely know that he is just but biting the same hands that fed him, killing officers and men of the RPA that put him where he never expected to be.

I remember when I was still working alongside these two men Afande Kayumba was a very social person who tried to make everyone around him of all ranks comfortable, a morale booster when we needed it most, a comrade.  Afande Kagame on the other side was this sort of person who makes everyone anxious and pretends to know more than the rest of the world, with his snobbish mentality.

On looking back, I believe that this could have been because of a few factors that led to the behaviour of Afande Kagame:
•         He was less learnt that the rest of his commanders who at least had attained a bachelor’s degree in different discipline while he was just a secondary school drop out.
•         He lacked discipline right from his childhood and hence failed to acquire basic military training that could have made him a good soldier when he joined the NRA.
•         He rose fast through the NRA ranks due to his slyness and hence his complexity (superior/inferior), whichever way you look at it.
•         He lacked any military or operational skills and was well known to his superiors; this is evident that the top Rwandan officers in the Ugandan Army (NRA) decided to attack their first offensive 1st October 1990 while he was away for military training. They less considered him one of theirs, less effective, not combat effective, though he was considered Pilato in Uganda for his notoriety in the Ugandan civil intelligence.

It was due to the misfortune, the loss of the entire RPA command that President Museveni decided to call back Maj Kagame from America. Kagame was groomed by Mr Museveni for a number of years while the troops were fighting. Kagame spent most of his time commuting between south western Uganda and Kampala to meet the president, Gen Salim Salleh and Kale Kayihura who were charged with the Rwandan operations at the time.

At the battle fields the RPA was commanded by Lt Col Adam Waswa, Maj Steven Ndugute, Sam Kaka and the rest. Other departments and echelons of the RPA were under the likes of Kayumba Nyamwasa, Alphonse Furuma, Frank Rusagara, Frank Mugambage, Charles Musitu and many senior commanders either have died or became frustrated by Kagame who was termed as Afande PC which was literally (political coordinator), a title that president Museveni gave him on his recall from America after the death of Gen fred Rwigema, Major Bayingana and Chris Bunyenyezi.

It was not long until president Museveni made Kagame the chairman high command while Col Alexis Kanyarengwe remained the chairman RPA and later Kagame promoted himself the rank of Maj General and later made himself the president after planting himself as the vice-president a post that was not mentioned in the Arusha peace code while the country was run by the broad based government of the same code.

By the time Kagame became the president, most of the top RPA officers had died while others were sidelined. Gen Kayumba who had helped him a lot in the bush while he was still Afande PC had become the Army commander. Let me clarify the word help here by saying that Kagame was unpopular the to the old fighting troops due to his notoriety way back from Uganda where he was termed Pilato the biblical ruler who crucified Jesus Christ.

Gen Kayumba therefore being a modern intelligence officer an administrator way back from Uganda, helped mend Kagame’s grudges with the troops on several occasions. This led to Kagame trusting Nyamwasa who was also a close friend to Kagame’s aide-de-camp (ADC), James Kabarebe a young energetic officer who moved along his friends preaching to the likes of Vedaste Kayitare how his boss Kagame has changed to a good man.

After the war Kagame and Kayumba’s friendship was huge, their families were very close their children would visit each other.

 I remember when Kagame’s wife got a new car Mercedes Benz bullet proof, she asked me to take the one she used to drive to Kayumba’s wife. The time when Kagame had misunderstandings with his wife Jeanette Nyiramongi, she would go and spend nights at Kayumba’s home in Kimihurura. I remember we would go there in the evening for Kagame to try and apologise to his wife, Kayumba was always the peace maker of Kagame’s family, I wonder how it is now?

He used to come down Kagame, stop him from making his silly decisions especially in government and in the forces, things have worsened since Gen Kayumba fellow out with Kagame.

The problem with our president is that when you do not accept all his ideas or plans, you become his enemy. Afande Kayumba is obviously safe and has enough protection where ever he is because he has done nothing wrong apart from fleeing for his life, but Kagame will continue to plan to kill any of his family members, according to how I know Kagame.

He has succeeded several times, he is a bit carried away by what he did in Nairobi Kenya when he killed Seth Sendashonga or in Congo where he is still killing innocent people, but these are countries where people like Kagame can use money and kill whoever they want but places like South Africa and the Western countries is a different story and that is why he’s continued to be caught up with his ruthless missions.

It’s embarrassing because his top commanders whom he thinks that they are doing the job are totally wrong because he pushes them into the box. You wonder how these guys think? Some of them have been recorded on the phones negotiating on the amount of money to pay for their killing missions.
This has led to believe that even If God himself disagreed with Kagame, His excellence Paul Kagame would hunt God down.

I cannot stop to remember all of the heroes he has eliminated for just not agreeing with him, not only those he came with from the National Resistance Army (NRA) but also the Ex-FAR officers and men who joined us in order to work together for the best of our nation. People like Gen Munyakazi, Lt col Cyiza, Gen (BEM) Habyalimana, Col Kanamugire, Col Ndibwami, Col Biseruka, Col Lizinde, Cmdt Muvunanyambo, Col Ndengeyinka and others. He frustrated most of them, killed a number of them and has jailed the remainder.

Kagame’s slyness has got a long history. In 1987 while he was the head of intelligence in Uganda, Maj Kagame lied to his much superior boss the late General Fred Rwigyema that Major Peter Baingana had started to divide the Rwandese troops in the Ugandan army. He said to him that because Peter Baingana was a medical Doctor, he used to call them as secondry school certificate holders both Kagame and Rwigyema and so he was dividing the army. Kagame added that Baingana said that he will not be ruled by a Mucyaba, this was Fred Rwigyema’s clan.

During this time a lot had been happening, this included the officers who were involved in killings of innocent people like Mirindi who had shot a girl in Wandegeya Kampala just because the girl refused to go with him to his house, Lt Nzaramba who had been involved in killings of civilians in southern Uganda and the history of the then Sgt Rwahama Jackson Mutabazi who was hiding in Tanzania at the time due to his cruelty to the Banyankole.
Some soldiers were permanently AWOL drinking alcohol while others were jailed in prisons due to indiscipline.

This was a hard time for Gen Fred Rwigyema maintaining the force inside a national army in a foreign land with subordinates like Kagame trading useless intrigues.  All that Gen Rwigyema wanted was to protect and maintain a well disciplined force until the 1/10/1990.

On hearing this Gen Fred Rwigyema was not pleased by what Kagame reported to him and so he organised a meeting which was attended by only Banyarwanda officers, he asked them in his words that: ‘’when you see yourself in the mirror who do you think you are?’’. No one responded because for the first time every one realised that Afande Fred was annoyed but no one had a clue of what had happened.

He therefore mentioned to them that: “those officers in the meeting are Banyarwandas from a small landlocked poor nation located in the south western Uganda with a dark history of crime and hate”. He revealed to them that they had a chance to organise themselves and go back home, and that they shall live with their fellow Rwandans in peace and harmony if they managed to go back, and insisted that they should not lose that chance and reminded them that they did not belong where they were (Uganda).

He was concerned about the discipline of the soldiers and making sure they knew why we were in Ugandan forces but not the silly information Kagame was feeding him. Kagame waited to see if late Peter Baingana was going to be asked a word, until today he does not know why Rwigyema never mentioned anything. It’s a shame that Kagame spent all that time with Fred Rwigyema but never even picked his discipline nor his wisdom.

Kagame has since built his country on intrigue and monitors it like he monitored Basima house the office that he ruled as pilato in Uganda winning himself the famous name. He has groomed his rumour centred officers the likes of Jack Nziza around him who continuously feed him with unconstructive information that has made him the tyranny of our land.
Kagame has lost touch due to his greediness and being so hungry of power, he can do anything to stay in power.

It’s paradoxical.
God bless Fred Rwigyema as we remember 21 years since he left us with mad Kagame.

Noble Marara

RWANDA:Rwandan President Paul Kagame’s visit and relations with Carnegie Mellon University

September 15, 2011

To:       President Jared L. Cohon

           President - Carnegie Mellon University

           5000 Forbes Avenue, Pittsburgh, PA 15213

From:   The African Great Lakes Coalition

C/O Friends of the Congo

1629 K Street, NW Suite 300

Washington, DC 20006

RE:       Rwandan President Paul Kagame’s visit and relations with Carnegie Mellon University

Dear President Jared L. Cohon,

As a Coalition of Africa-focused human rights and peace organizations representing a broad range of individuals, including Rwandans, Ugandans, and Congolese people, we write to express our dismay at your university’s decision to welcome and inaugurate a partnership with Rwandan President Paul Kagame at Carnegie Mellon University (CMU) on September 16th, 2011.

CMU’s announcements about President Kagame’s visit represent his story as one of triumph.  The institution credits Kagame heavily for the country’s recovery and growth: “[u]nder President Kagame’s leadership, Rwanda has become one of the world’s most compelling stories of economic development.”[1]  He is lauded as a man receiving “recognition for his leadership in peace building and reconciliation, development, good governance, promotion of human rights and women's empowerment, and advancement of education and ICT.”[2]  Given this perspective, it is clear why you would be excited to deliver “an important announcement regarding the collaborative role that Carnegie Mellon will play in helping Rwanda to realize its vision.”[3]

We regret to inform you that your characterization is dangerously skewed, and that, in its haste to collaborate with President Kagame, your institution may become a collaborator in the pejorative sense by supporting an unjust, oppressive regime, and an official version of Rwandan history that silences opposition and gives power to a leader who abuses it.  In 2010 a Human Rights Watch article insisted that, if "leaders continue to ignore the darker side of Kagame's story, they will only compound the problem.  Burying the truth about horrific crimes is a very effective way to sow the seeds for future grievances and more violence.”[4]  If CMU wishes to act as an agent of progress for Rwanda, it must take this darker side of Kagame’s story into account.

Consider these recent charges and reports on Kagame’s militarily aggressive activities in Congo and politically oppressive activities within Rwanda:

• In 2008, The Spanish National Court, The Audiencia National (charged disgraced Chilean dictator Augusto Pinochet), indicted forty Rwandan military officers for terrorism, mass killings, and several counts of genocide against Rwandans, Congolese, and Spanish citizens, following the 1994 genocide.[5] Spanish Judge Fernando Andreu has said he has evidence implicating Rwanda's current President Paul Kagame, who has immunity from prosecution as a head of State.

• Following the August 2010 election where Paul Kagame won with 93% of the votes, many observers have called it fraudulent and noted that it was marred with political violence, incarceration, and intimidation and repression of press freedom. The White House issued a statement raising concerns that “[n]o one should underestimate the enormous challenges born of the genocide in 1994.  Rwanda’s progress in the face of these challenges has been remarkable, and is a testament to the people of Rwanda.  Rwanda’s stability and growing prosperity, however, will be difficult to sustain in the absence of broad political debate and open political participation.”[6]

• On October 1, 2010, the U.N. Office of the High Commissioner for Human Rights (UNOHCHR) published The United Nations Mapping Exercise Report, which documents crimes committed in the Congo from 1993 to 2003. It singled out the crimes committed by the Rwanda army by noting that “the apparent systematic and widespread attacks described in this report reveal a number of inculpatory elements that, if proven before a competent court, could be characterized as crimes of genocide.”[7]

• In May 2011, British news sources reported of attempted assassinations carried out by Rwandan government personnel against Rwandan refugees and exiles. [8]

• The June 3, 2011 report from Amnesty International condemns Kagame’s government, saying “The Rwandan Patriotic Front (RPF), in power since the 1994 genocide, tightly controls political space, civil society and the media, contending that this is necessary to prevent renewed violence. Human rights defenders, journalists and political opponents cannot openly and publicly criticize the authorities. People who do speak out risk prosecution and imprisonment.”[9]

Many are beginning to exercise greater caution in cultivating relations with Kagame.  Locally, the Pittsburgh City Council adopted proclamation 1011-1897 on July 12, 2011, identifying the Rwandan government as a major destabilizing force in Congo and scolding the federal government for continuing to fund the Rwandan government in the face of its many human rights abuses.  Giving resources and power to Kagame means underwriting what he does with them.  As a prestigious university you will extend many resources to President Kagame, making CMU an underwriter for his vision of development and the manner in which achieves it.

If CMU is genuinely invested in sustainable peace and development in Rwanda, and if it is determined to cultivate a relationship with Kagame, we are insisting on greater caution and responsibility.  We urge you to make your partnership with Kagame conditional on improvements in his human rights record and extension of political freedoms.  Without these measures, you will open your university to a great deal of warranted criticism, negative media attention, and an almost certain historical stain as one of the institutions that supported the despotic rule of another African strongman. We invite you to partner with our organizations to work towards prioritizing economic progress as well as human rights in the East African community in general, and Rwanda in particular.

Sincerely,

The African Great Lakes Coalition (AGLC)

KAGAME:Lawsuit in Oklahoma (US) district court against Rwandan President Paul Kagame et al

Lawsuit in Oklahoma (US) district court against Rwandan President Paul Kagame et al. – full document

by Rwanda Info Editor

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA

Case No CIV-10-437-W

1) MADAME HABYARIMANA;
in her own capacity and on behalf of the estate of the
deceased President of Rwanda,
JUVÉNAL HABYARIMANA;

2) MADAME NTARYAMIRA;
in her own capacity and on behalf of the estate, of the
deceased President of Burundi,
CYPRIEN NTARYAMIRA;

Plaintiffs,

VS.

1. GENERAL PAUL KAGAME;
2. JAMES KABAREBE;
3. FAUSTIN NYAMWASA KAYUMBA;
4. CHARLES KAYONGA;
5. JACKSON NKURUNZIZA, a.k.a Jack Nziza;
6. SAMUEL KANYEMERA, a.k.a. Sam Kaka;
7. ROSE KABUYE
8. JACOB TUMWINE
9. FRANCK NZIZA
10. ERIC HAKIZIMANA

Defendants.

COMPLAINT WITH JURY DEMAND

(WRONGFUL DEATH AND MURDER;
CRIMES AGAINST HUMANITY;
VIOLATION OF THE RIGHTS OF LIFE, LIBERTY, AND SECURITY;
ASSAULT AND BATTERY;
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS;
VIOLATIONS OF THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT;
TORTURE;
AND CONTINUING CONSPIRACY IN FURTHERANCE THEREOF)

JURISDICTION

1. The Alien Tort Claims Act, 28 U.S.C. § 1350, provides federal jurisdiction for “any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” This Court also has jurisdiction over Plaintiffs’ claims under 28 U.S.C. § 1331 (federal question jurisdiction); 18 U.S.C. SEC 1332 and 18 U.S.C. § 1964(c) (Racketeer Influenced and Corrupt Organizations Act).
2. Further, the U.S. Federal Extraterritorial Torture Statute, 18 U.S.C.A. § 2340A, provides federal jurisdiction over “whoever outside the United States commits or attempts to commit torture” or conspires to commit torture, if said person is a national of the United States or is present in the United States, irrespective of the nationality of the victim or alleged offender.
3. In addition, Plaintiffs invoke the supplemental jurisdiction of this Court, 28 U.S.C. § 1367, over claims based upon laws of the State of Oklahoma arising from ongoing, substantial contacts between Oklahoma and Defendant Kagame and the Government of Rwanda, voluntarily initiated or engaged in by Defendant Kagame, including, but not limited to:
   (a) the Rwandan Presidential Scholars Program at Oklahoma Christian University, personally established by Defendant Kagame in Oklahoma in 2006;
   (b) the continuing operation of said Rwandan Scholars program which now totals more than 60 Rwandan students;
   (c) the Rwandan Outreach & Community Foundation, staffed by Oklahoma Christian employees;
   (d) Rwandans4Water, an initiative of the Rwandan Presidential Scholars Program;
   (e) Peace Through Business-Rwanda, a partnership with the Oklahoma City-based Institute for the Empowerment of Women; and,
   (f) the physical presence of Defendant Kagame in the State of Oklahoma on April 30, 2010 to be honored by Oklahoma Christian University, and on numerous other occasions.

PRELIMINARY STATEMENT AND INTRODUCTION

4. On April 6, 1994 at 8:25 p.m., the Falcon 50 jet of the President of the Republic of Rwanda, registration number “9XR-NN”, on its return from a summit meeting in DAR-ES-SALAAM (Tanzania) as it was on approach to Kanombe International Airport in KIGALI, Rwanda, was shot down by two surface-to-air missiles; and
5. All passengers perished in the explosion of the aircraft, including:
a. Juvénal HABYARIMANA, Chief of State of Rwanda,
b. Cyprien NTARYAMIRA, Chief of State of Burundi,
c. Déogratias NSABIMANA, Chief of Staff of Rwandan Armed Forces (R.A.F.),
d. Elie SAGATWA, Colonel and Chief of the Military Cabinet of the Rwandan president,
e. Thaddée BAGARAGAZA, Major and executive officer in the ‘maison militaire’ of the Rwandan president,
f. Juvénal RENZAHO, foreign affairs adviser to the Rwandan president,
g. Emmanuel AKINGENEYE, personal physician to the Rwandan president,
h. Bernard CIZA, Minister of Planning in the government of Burundi,
i. Cyriaque SIMBIZI, Communications Minister of Burundi,
And the members of the French flight crew:
j. Jacky HERAUD, pilot,
k. Jean-Pierre MINABERRY, co-pilot,
l. Jean-Michel PERRINE, flight engineer
6. The final order to shoot down the President’s plane was given by Paul KAGAME, himself, during a meeting held in Mulindi, Rwanda on or about March 31, 1994, with the planning and the operational phase being entrusted to Col. James KABAREBE, who was specifically charged with the formation of a team specialized in the use of surface-to-air missiles furnished by Uganda in a conspiracy with members of the non-governmental Rwandan Patriotic Army (herein after RPA).
7. The material preparation, the organization and the intelligence necessary for the execution of this plot were brought together with the direct assistance of officers in the RPA non-governmental conspiracy:
a. Charles KAYONGA, RPA Battalion Commander,
b. Jackson NKURUNZIA, a.k.a. Jack NZIZA, Major,
c. Col. Samuel KANYEMERA, a.k.a. Sam KAKA,
d. Rose KABUYE, Major,
e. Jacob TUMWINE, Major, assistant to Lt.-Col. Charles KAYONGA; and
8. Second Lt. Franck NZIZA and Corporal Eric HAKIZIMANA, members of the missile section, fired their SAM-16-type surface-to-air missiles at the President’s plane and destroyed it in flight; and
9. General Paul KAGAME deliberately chose a modus operandi that, in the context of the particular tension pervading both in Rwanda and Burundi between the Hutu and Tutsi communities, could only bring about bloody reprisals against the Tutsi community, and which offered him a veneer of legitimacy for his renewal of hostilities and his seizing of State power in Rwanda by criminally violent means.

THE PLAINTIFFS

10. Madame HABYARIMANA brings this action individually, and as administrator of the estate of her husband, Juvénal HABYARIMANA, now deceased, who was a subject, citizen, and resident of Rwanda. Madame HABYARIMANA presently resides outside of the United States and is not a citizen of the United States.
11. Madame NTARYAMIRA brings this action individually, and as administrator of the estate of her husband, Cyprien NTARYAMIRA, Chief of State of Burundi, now deceased. Madame NTARYAMIRA presently resides outside of the United States and is not a citizen of the United States.

THE DEFENDANTS

12. Defendant General Paul KAGAME, Commander-in-Chief of the non-governmental RPA and the current President of the Republic of Rwanda.
13. Defendant Lt.-Col. James KABAREBE, assistant to General Paul KAGAME and Chief of Staff for the ‘Rwandan Patriotic Army’ (RPA), now known as the ‘Rwandan Defense Forces’ (RDF).
14. Defendant Officer Faustin NYAMWASA KAYUMBA, currently a Major General.
15. Defendant Officer Charles KAYONGA, the RPA Battalion Commander based in Kigali and currently Brigadier General and advisor to the President for National Defense Affairs.
16. Defendant Jackson NKURUNZIA, a.k.a. Jack NZIZA, Major.
17. Defendant Col. Samuel KANYEMERA, a.k.a. Sam KAKA.
18. Defendant Rose KABUYE, Major, assigned to the RPA battalion that quartered the commandos in the RPA headquarters (known as C.N.D.) in Kigali before the attack.
19. Defendant Jacob TUMWINE, Major, assistant to Lt.-Col. Charles KAYONGA, who received the missiles to be used in the attack at his quarters in the C.N.D. and took part with other officers around Paul KAGAME in the last meeting where the order to shoot down the plane was given.
20. Defendant Second Lt. Franck NZIZA, member of the missile section that fired his SAM-16-type surface-to-air missile at the President’s plane and destroyed it in flight.
21. Defendant Corporal Eric HAKIZAMANA, another member of the missile section that fired his SAM-16-type surface-to-air missile at the President’s plane and destroyed it in flight.
22. Whenever and wherever reference is made in this Complaint to any conduct by Defendant or Defendants, such allegations and references shall also be deemed to mean the conduct of each of the Defendants, acting individually, jointly and severally.
23. Whenever and wherever reference is made to individuals who are not named as Defendants in this Complaint, but were employees/agents of Defendants, such individuals at all relevant times acted on behalf of the Defendants named in this Complaint within the scope of their respective employments.

STATEMENT OF FACTS¹

PLANNED ASSASSINATIONS

24. While there may be some dispute regarding the particulars of the long history of conflict for political power in Rwanda and Burundi, between groups known as “Hutu” and “Tutsi”, there can be no doubt that the invasion of Rwandan territory by Tutsi ex-patriot elements of the Ugandan army in October 1990 (a.k.a. the non-governmental RPA), led by Defendant Paul Kagame, is thefirst cause of events that led to massacres that occurred between April and July 1994², and has resulted in more than seven million deaths in Central Africa since that time.
25. After an initial conventional assault on October 1, 1990, the Kagame-led RPA engaged in a planned strategy of “guerilla” warfare with the purpose of:
    (a) destabilizing the Habyarimana government;
    (b) making use of the U.N. sponsored Arusha negotiations and association with opposition political parties as a “cover” for RPA war preparations; and
    (c), having achieved military superiority as early as February 1993, seizing power by military force in a final assault initiated by the assassination of President Habyarimana.³
    It is this plan that touched off the long-predicted civilian killings known as the “Rwandan Genocide.”
26. The months of late 1993 and early 1994 include many examples of acts of sabotage, assassinations and disorder carried out by the Kagame Army (RPA) for the purpose of destabilizing, and discrediting the Habyarimana government. These acts included the killing of opposition political leaders and Tutsi civilians and to demonstrate that the current Rwandan government could no longer ensure security of the population and to create propaganda to discredit the Habyarimana government in the eyes of the international community.⁴This strategy went hand-in-hand with the military build-up for the “final assault”, which was the only “plan” or “conspiracy” that included the killing of civilians.
    It was at this time, late November 1993, that U.S. ambassador Flaten specifically warned Gen. Kagame and President Habyarimana that the party that resumed hostilities would be responsible for the predicted civilian casualties on the order of the recent massacres in Burundi.⁵
    In direct violation of this warning, General Kagame resumed hostilities by shooting down the plane carrying the two Hutu presidents.
27. While elements of the Kagame RPA were committing acts of “terrorism” to destabilize and discredit the Habyarimana government in early 1994, its negotiators were actively engaged in blocking the implementation of the U.N. sponsored peace agreement (Arusha Accords) and Kagame was already threatening war.⁶By April 1, 1994, not only had the representatives of all interested governments agreed that the issues preventing implementation of the Arusha Accords had been resolved, but U.S. Ambassador David Rawson confirmed that it was intransigence of the Kagame-led RPA that was preventing the implementation of the Arusha Accords.⁷
    

    GEN. KAGAME TRIGGERS THE PREDICTED CIVILIAN MASSACRES BY ASSASSINATING TWO PRESIDENTS⁸

28. The final plans to assassinate President Habyarimana were converted into specific orders from Paul Kagame on March 31, 1994, which were put into action on April 6, 1994.
    An assassination team of Kagame’s RPA called “the network” launched Uganda-supplied Soviet missiles from Masaka hill at about 8:30 p.m. on April 6, 1994.⁹Not only was this revealed before the ICTR Trial Chamber, but French Terrorist Judge Bruguiere arrived at this conclusion based on the testimony that he heard in hearings leading to the indictment issued in November 2006.¹⁰
    Similar findings were reached by Spanish investigating Judge Merelles.¹¹
    Further, all RPA commanders had been brought to Mulindi, on April 4, 1994, in apparent preparation for the assault to seize power that Gen. Kagame ordered on the night of April 6, 1994, shortly after he had received news of the successful assassination attack.¹²
29. The assassination certainly was an act of war, as well as a terrorist act, as well as a violation of the cease-fire. The timing of the orders for the Kagame-led troops to mount the final assault on the night of April 6, 1994 – and not the afternoon on April 7, belies the assertion that the Kagame’s resumption of war was launched in response to the killing of his supporters.¹³
30. In fact, Gen. Kagame and the RPA resumed the war, without any provocation, with the assassinations of Presidents Habyarimana and Ntaryamira. From the standpoint of fixing central responsibility for the massacres that the assassinations of Presidents Habyarimana and Ntaryamira touched off, these acts were undertaken with full knowledge on the part of Gen. Kagame that resumption of the war would cause massive civilian casualties, as U.S. Ambassador Flaten had warned some five months earlier and as predicted by the U.S. State Department.¹⁴

CONTINUING AND DEEPENING THE PREDICTED BLOODBATH

31. The responsibility of Gen. Kagame and the RPA for the massacres that the RPA assassination of Pres. Habyarimana touched off does not end with the inception of those killings. Gen Kagame admitted to U.N. Gen. Dallaire on April 22, 1994, the predicted civilian massacres were an integral part of his war plan. In response to Dallaire’s complaint that the RPA was not using its troops to save the predicted Tutsi victims of the renewed combat, Gen. Kagame said that, “There will be many sacrifices in this war. If the refugees have to be killed for the cause, they will be considered as having been part of the ‘sacrifice’ for his war plan.”¹⁵
32. French Judge Bruguiere and Spanish Judge Merelles noted that on numerous occasions, beginning on the night of April 6, 1994, the RPA and Gen. Kagame rejected cease-fire offers by the Rwandan General Army (RGF).¹⁶
    Gen. Dallaire also noted in contemporary code cables that the RPA would not agree to a cease-fire while it was winning.¹⁷ The ICTR testimony of former RPA officer Joshua Ruzibiza, and a confidential witness, (BRA-1), recount specific examples of Gen. Kagame ordering his troops not to intervene to save civilians and removing officers from their command for attempting to do so.¹⁸
    Judges Bruguiere and Merelles found, and other witnesses testified that the RPA affirmatively blocked the intervention of an international peace-keeping force intended to save Tutsi lives.¹⁹
33. In addition to the direct responsibility of Gen. Kagame and the RPA for bringing the Rwanda civilian massacres about by assassinating Pres. Habyarimana and Ntaryamira and resuming the war, and for blocking the possibility of military intervention to stop the massacres once they began, Gen. Kagame and the RPA are also directly responsible for massacres committed in areas occupied by their forces, or where combat was occurring.
    As early as the night of April 6-7, 1994, squads were leaving RPA headquarters to kill persons, particularly in Remera area, near the RPA headquarters.
    According to witnesses Prof. Reyntjens and U.N. Colonel Luc Marchal,²⁰ these were “political killings” of elites and leaders.
34. Kagame’s RPA massacred thousands in the stadium in the northern city of Byumba shortly after seizing control of the city on April 7, 1994.²¹
    And, as the main force of Kagame’s RPA swept southward from Byumba/Mutara, it reached the area around Kubungo/Rusomo in the southeast of Rwanda in the two weeks after April 6.²²
35. As early as May 17, 1994, United Nations High Commissioner (UNHCR) for Refugees reports show that thousands of civilians were systematically being massacred by Kagame’s RPA troops in areas around Rusumo and in the eastern third of the country that had been controlled by the RPA since the third week in April.²³The RPA massacres in the eastern part of the country were documented by Robert Gersony, U.S. State Department Human Rights investigator, who reported that in a few weeks he had concluded that no fewer than 40,000 civilians had been killed by Kagame’s RPA troops in a manner that could only have occurred as military operations in a small part of Rwanda.²⁴
36. Although it cannot be denied that many Rwandans, both Hutu and Tutsi were killed by opponents of the RPA, these killings werenot as a result of a “pre-planned government led genocide” or “conspiracy”.²⁵
    Rather, like killings had occurred in Burundi in October 1993, as result of violence following the assassination of the first Hutu President, Melchior Ndadaye. The killings in Rwanda began as a reaction to the assassination of the
    second and third Hutu presidents killed in the last six months.
    The Kagame RPA war of invasion, as predicted by U.S. Ambassador Flaten and many others, triggered massive civilian on civilian violence.²⁶
37. The predicted tragedy reached unpredictable proportions because the RPA military objectives required that the country descend into chaos, as part of its war plan, and that massacres of the population were considered merely collateral damage by Gen. Kagame.²⁷
    Both he and the RPA bear responsibility for their scope and extent, and the conspiracy to avoid responsibility for their own crimes that continue today.

GENERAL ALLEGATIONS

38. As a direct and proximate result of Defendants’ unlawful conduct, Plaintiffs have suffered and will continue to suffer harm including pain and suffering, and extreme and severe mental anguish and emotional distress. Plaintiffs are thereby entitled to general and compensatory damages in amounts to be proven at trial.
39. Plaintiffs’ causes of action arise under the following laws, agreements, conventions, resolutions and treaties:a. Alien Tort Claims Act, 28 U.S.C. § 1350;b. Torture, 18 U.S.C. § 2340Ac. Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968;d. Customary international law;e. United Nations Charter, 59 Stat. 1031, #3 Bevans 1153 (1945);f. Universal Declaration of Human Rights, G.A. Res. 217A(iii), U.N. Doc. A/81 0
    (1948);
    g. International Covenant on Civil and Political Rights, G.A. Res. 2220A(xxi), 21
    U.N. Doc., GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966);
    h. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. Res. 39/46, 39 U.N. Doc., GAOR Supp. (No. 51) at 1100, U.N. Doc. A/39/51 (1984);
    i. Declaration on the Protection of All Persons From Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. Res. 3452, 30 U.N. Doc., GAOR Supp. (No. 34) at 91, U.N. Doc. A/I0034 (1976);
    j. Common law of the United States of America;
    k. Statutes and common law of the State of Oklahoma, including but not limited to wrongful death, assault and battery, intentional infliction of emotional distress, and the
    l. Laws of Rwanda.
40. There is no independent functioning judiciary in Rwanda and any suit against Defendants there would have been and would still be futile and would result in serious reprisals.

COUNT 1

(Wrongful Death – Murder)

41. On their own behalf and on behalf of their deceased relatives, Juvénal Habyarimana and Cyprien Ntaryamira, Plaintiffs reallege and incorporate by reference the allegations set forth in paragraphs 1 through 40 as is fully set forth herein.
42. As a direct result of the Defendants’ acts and omissions and as a result of the death of their respective husband, Plaintiffs have sustained pecuniary loss resulting from the loss of society, comfort, attention, services, and support of each decedent.
43. Paul Kagame, et al are liable for said conduct in that Defendants directed, ordered, confirmed, ratified, and/or conspired with the military regime in bringing about the wrongful deaths of Juvénal Habyarimana, Cyprien Ntarymira, Déogratias Nsabimana, Elie Sagatwa, Thaddée Bagaragaza, Juvénal Renzaho, Emmanuel Akingeneye, Bernard Ciza, Cyriaque Simbizi, Jacky Heraud, Jean-Pierre Minaberry, and Jean-Marc Perrine.
44. The acts described herein constitute wrongful death, actionable under the laws of Oklahoma, the United States, and Rwanda.

COUNT 2

(Crimes Against Humanity)

45. The allegations set forth in paragraphs 1 through 44 of this Complaint are realleged and incorporated by reference as if fully set forth herein.
46. The acts described herein against Plaintiffs constitute crimes against humanity, in violation of customary international law which prohibits inhumane acts of a very serious nature such as willful killing, torture and other inhumane acts committed as part of a widespread or systematic attack against any civilian population. Leaders, organizers, instigators and accomplices participating in the formulation of these acts are responsible for all acts performed by any person in execution of such plan.
47. The acts described herein constitute crimes against humanity in violation of the Alien Tort Claims Act, customary international law, the common law of the United States, the statutes and common law of Oklahoma, the laws of Rwanda, and the international treaties, agreements, conventions and resolutions described in paragraph 39 herein.
48. Defendants Paul Kagame, et al are liable to Plaintiffs for said conduct in that Defendants directed, ordered, confirmed, ratified, and/or conspired with the military regime in bringing about the crimes against humanity committed against Plaintiffs.

COUNT 3

(Violation of the Rights of Life, Liberty and Security of Person)

49. The allegations set forth in paragraphs 1 through 48 of this Complaint are realleged and incorporated by reference as if fully set forth herein.
50. The shooting down of President Habyarimana’s plane constitutes violations of the right to life, liberty and security of person of all those on the plane.
51. The shooting down and killing of occupants of the plane constitutes violations of the rights to life, liberty and security of person, for which Defendants Kagame, et al are liable.
52. The acts described herein constitute violations of Plaintiffs’ rights to life, liberty and security of person in violation of the Alien Tort Claims Act, customary international law, the common law of the United States, the statutes and common law of Oklahoma, the laws of Rwanda, and the international treaties, agreements, conventions and resolutions described in paragraph 39 herein.
53. Defendants Paul Kagame, et al are liable for said conduct in that Defendants directed, ordered, confirmed, ratified, and/or conspired with the military regime in bringing about the illegal violations of the rights to life, liberty and security of person.

COUNT 4

(Assault and Battery)

54. The allegations set forth in paragraphs 1 through 53 of this Complaint are realleged and incorporated by reference as if fully set forth herein
55. As a result of these acts, Plaintiffs were placed in great fear for their lives and suffered severe physical and psychological abuse and agony.
56. Defendants’ acts were willful, intentional, wanton, malicious and oppressive.
57. Defendants are liable for said conduct in that Defendants directed, ordered, confirmed, ratified, and/or conspired with the military regime in bringing about the assault and battery of the occupants of the plane and tens of thousands of Rwandans.
58. The acts described herein constitute assault and battery, actionable under the laws of Oklahoma, the United States and Rwanda.

COUNT 5

(Intentional Infliction of Emotional Distress)

59. The allegations set forth in paragraphs 1 through 58 of this Complaint are realleged and incorporated by reference as if fully set forth herein.
60. The acts described herein constitute outrageous conduct in violation of all normal standards of decency and were without privilege or justification.
61. These outrageous acts were intentional and malicious and done for the purposes of causing Plaintiffs to suffer humiliation, mental anguish and extreme emotional and physical distress.
62. As a result of Defendants’ acts, Plaintiffs were placed in great fear for their lives and were forced to suffer severe physical and psychological abuse and agony.
63. Defendants are liable for said conduct in that Defendants directed, ordered, confirmed, ratified, and/or conspired with the military regime in bringing about the intentional infliction of emotional distress of the occupants of the plane, the relatives of the occupants and tens of thousands of Rwandans.
64. Defendants’ outrageous conduct constitutes the intentional infliction of emotional distress and is actionable under the laws of Oklahoma, the United States and Rwanda.

COUNT 6

(Violations of the Racketeer Influenced and Corrupt Organization Act)

65. The allegations set forth in paragraphs 1 through 64 of this Complaint are realleged and incorporated by reference as if fully set forth herein.
66. From not later than 1990 to the present, Defendants Kagame, et al, and their agents and co-conspirators formed a RICO “enterprise” within the meaning of 18 U.S.C. § 1961(4) engaged in foreign and interstate commerce.
67. Alternatively, Defendants and their agents and co-conspirators constituted an association in fact for a common purpose with a continuous existence separate and apart from the pattern of racketeering activity in which they engaged. This association in fact constituted an enterprise within the meaning of 18 U.S.C. § 1961(4).
68. Each Defendant is an “individual or entity capable of holding a legal or beneficial interest in property” and, as such, each constitutes a “person” within the meaning of 18 U.S.C. § 1961 (3).
69. The Defendants are engaged in interstate acts of commerce and the acts alleged herein have a potential effect on commerce.
70. Over a period of years and continuing to the present, Defendants with their co-conspirators or agents, in violation of 18 U.S.C § 1962(b) through a pattern of racketeering activity, have acquired and maintained an interest in resources in the eastern Congo to their own benefit.²⁸
71. At all times relevant to this Complaint, the Defendants, and their agents and co-conspirators conducted, or participated directly or indirectly in the conduct of the affairs of the enterprise through a pattern of racketeering activity, within the meaning of 18 U.S.C. § 1961 (1)(5), in violation of 18 U.S.C. § 1962 (c).
72. At all times relevant to this Complaint, the Defendants Kagame, et al, in violation of 18 U.S.C. § 1962(d) combined and conspired together and with their agents and co-conspirators to commit conduct the affairs of the enterprise through a pattern of racketeering activity.
73. In furtherance of the conspiracy, and to effect the objects thereof, the Defendants committed overt acts as set forth more fully in paragraphs 1 through 65 and in the attached indictments and ICTR Complaint.
74. During 1990 through 2010, in violation of 18 U.S.C §§ 1962(c) and (d), Defendants, with their agents and co-conspirators, conspired to and did conduct the affairs of the enterprise through a pattern of racketeering activity.
75. The pattern of racketeering activity alleged in paragraphs 1 through 64 above included the following specific acts, all of which constituted and are defined as racketeering activity by 18 U.S.C. § 1961(1) and all of which are set forth in the specific numbered paragraphs herein which are realleged and incorporated here by reference as if fully set forth, as follows:
    a. arson;
    b. murder;
    c. torture;
    d. extortion;
76. Defendants’ acts alleged herein have substantial effect within the United States.
77. As a direct and proximate result of the Defendants’ violations of 18 U.S.C. §§ 1962 (b), (c) and (d) Plaintiffs have suffered injury to business, property, reputation and livelihood.
78. The injuries suffered by each Plaintiff were reasonably foreseeable or anticipated by the Defendants as the natural consequence of Defendants’ acts.

COUNT 7

(Torture)

79. Under 18 U.S. C. 2340A (a), Whoever outside the United States commits or attempts to commit torture is subject to criminal penalty of not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life. Such provision makes out a comparable claim for damages, arising from the tort associated with the aforesaid criminal act.
80. In the moments immediately prior to their deaths, the decedents experienced psychological and physical discomfort amounting to torture, arising from their impending deaths and intentional and murderous acts of defendants Kagame et al.
81. The federal courts of the United States have explicit criminal jurisdiction over the activity prohibited in subsection (a) if– the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.
82. Defendant Kagame has been present in the United States on numerous occasions and was present on April 30, 2010 within the forum State of Oklahoma.
83. The injuries suffered by each Plaintiff were reasonably foreseeable or anticipated by the Defendants as the natural consequence of Defendants’ acts.

COUNT 8

(Conspiracy to Torture)

84. Under 18 U.S.C. 2340 (c) –A person who conspires to commit torture, or attempts to commit torture, shall be subject to the same criminal penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy, thus establishing a similar cause of action in tort.
85. Up to and including the moment the plane crashed, thus extinguishing the lives of decedents, defendants Kagame, et al,were engaged in the conspiracy to murder, and torture, the occupants of the plane for which they had meticulously prepared.
86. The injuries suffered by each Plaintiff were reasonably foreseeable or anticipated by the Defendants as the natural consequence of Defendants’ acts.
87. Since the deaths occurred, defendants have been engaged in a conspiracy to “cover-up” and deny their culpability, along with un-named countries and co-conspirators.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests the following relief:

88. That this Court assume jurisdiction of this cause to determine this controversy and set this case for hearing on the merits;
89. The award of compensatory damages to Plaintiffs in the amount of $250,000,000.00.
90. The award of punitive damages against the Defendants, jointly and severally, in the amount of $100,000,000.00.
91. That this Court allow the Plaintiff costs, expenses and attorneys’ fees, and also grant such alternative relief as may seem to the Court, just, proper, and equitable.

JURY TRIAL DEMAND

Plaintiffs demand a jury trial, pursuant to the Seventh Amendment to the Constitution of the United States, as to all claims for damages.

PLACE OF TRIAL

Plaintiffs designate Oklahoma City, Oklahoma as the place of trial.

Dated:

Respectfully submitted,

s/ John P. Zelbst
John P. Zelbst, OBA # 9991
Zelbst, Holmes & Butler
P.O. Box 365
Lawton, OK 73502-0365
Tel:             (580) 248-4844      
Fax: (580) 248-6916
zelbst@zelbst.com
Attorney for Plaintiffs

Prof. Peter Erlinder²⁹
Director, International Humanitarian Law
Institute Wm. Mitchell College of Law
875 Summit Ave.
St. Paul, MN 55105
            651-290-6384      

Kurt P. Kerns, KS Bar #15028
Ariagno, Kerns, Mank and White, L.L.C.
328 N. Main
Wichita, KS 67202
            316-265-5511      
kurtpkerns@aol.com

1 Footnote references are to documents and/or testimony in the record in the Military-1 Trial at the International Criminal Tribunal for Rwanda.

2 See testimony of witnesses, DH-90 and DH-91, who witnessed the Invasion in the Parish in which one of them served; Experts Desouter, Strizek, Lugan.

3 See testimony of Ruzibiza, Serge Desouter, Lugan Strizek, Colonel Luc Marchal and Witness ALL-42

4 Testimony of Abdul Ruzibiza, 9 March 2006

5 Testimony of Flaten, 30 June, 1 July 2005

6 Exhibits DNT30, DNT103, DNT105, DNT174, DNT243, DNT253, DNT254, DNT256, and DNT262

7 Exhibits DNT31, DNT32, DNT104, DNT121, DNT179. SeeCHRONOLOGICAL LISTING OF DOCUMENTARY EXHIBITS/TESTIMONY DESCRIBING THE EXPLANATION OF EVENTS DURING THE 1990-94 RWANDA WAR.

8 See CHRONOLOGICAL LISTING OF DOCUMENTARY EXHIBITS/TESTIMONY DESCRIBING THE EXPLANATION OF EVENTS DURING THE 1990-94 RWANDA WAR. Jan-April 6 Sections, et seq.

Former U.S. Ambassador Flaten testified that he personally warned Kagame that, if HE started the war again, HE would be responsible for killings like those that had recently occurred in Burundi.

Once Kagame resumed the war, the predicted killings followed apace.

What was lacking was the military capability to stop them by current Rwandan Army (the FAR), and the lack of will to do so, on the part of Kagame’s RPA because they were winning the War.

9 Id.

10 See Bruguiere Indictment of RPF Attached

11 See Merelles Indictment of Paul Kagame and RPA attached.

12 Id…..also BRA-1 (T. 05/04/06, p. 64-67)

13  Testimony of Colonel Marchal (T. 30/11/06, p. 27-28); Lugan (T. 15/11/06, p. 9); Ruzibiza (T. 09/03/06, p. 26-28,

38-39). ALL42 (T. 09/11/06, p. 21)

14  See footnote 5.

15  Testimony of Dallaire (T. 27/01/04. P. 87-88) and book (Exhibit DNT33) on page 358 (English) or 451 (French);

Testimony of Reyntjens (T. 21/09/04, p. 49-50). When commenting on the Kagame statement, Reyntjens confirmed that other RPF leaders made the same statement (T. 21/09/04, p. 49-50).
During his testimony, Ruzibiza corroborated Reyntjens (T. 09/03/06, p. 62)

16  Bruguiere Report; Testimony of witness Colonel Luc Marchal (T. 30/11/06, p. 25-26)

17  Exhibits DNS106, DNT111, DNT112, DNT113, DNT118, DNT188 and DNT189

18  Testimony of Ruzibiza (T. 09/03/06, p. 45) and witness BRA-1 (T. 06/04/06, p. 68)

19  Bruguiere, p. 46; Testimony of witnesses Colonel Dewez (T. 24/06/05, p. 49); Desouter (T. 04/04/06, p. 19) and Colonel Luc Marchal (T. 30/11/06, p. 25-26).

20  Reyntjens Testimony (T. 22/09/04, p. 30) his book Rwanda. Trois jours qui ont fait basculer l’histoire, p. 62 and

Testimony of witness Colonel Luc Marchal (T. 01/12/06, p. 1).

21  Testimony of witness BRA-1 on (T. 06/04/06, p. 64-65); witness ALL-42 (T. 08/11/06, p. 41-43)

22 For a summary of some of the crimes committed by Defendant Kagame and co-conspirators in the furtherance of the conspiracy, see summary prepared by Paul Rusesabagina, the main figure depicted in the award winning film, Hotel Rwanda, attached.

23  May 17 Code Cable. See CHRONOLOGICAL LISTING OF PROSECUTION AND OF DOCUMENTARY EXHIBITS/TESTIMONY DESCRIBING THE EXPLANATION OF EVENTS DURING THE 1990-94 RWANDA WAR. May Section.

24 Gersony Report (Exhibit DK-112) and related testimony be witness Jean Marie Vianney Ndagijimana former RPG Foreign Minister. (T. 16/11/06, p. 50-58). SeeCHRONOLOGICAL LISTING OF PROSECUTION AND OF DOCUMENTARY EXHIBITS/TESTIMONY DESCRIBING THE EXPLANATION OF EVENTS DURING THE 1990-94 RWANDA WAR.

September-October 1994 Sections, et seq.

25 See ICTR, Military-1 Judgment of February 8, 2009, acquitting top military officers who opposed Kagame’s RPF of conspiracy on planning to commit genocide.

26 The CIA had predicted in January 1994 that in case of resumption of hostilities as many as half a million persons might die. This information is found in the book of Des Forges “Leave none to tell the story” on page 18.

27 Cross examination testimony of Gen. Dallaire related to Code Cable of April 23, 1994, reporting his conversation with Kagame in Mulindi and report of the same in his book, from which the “collateral damage” languages is drawn.

28 See Expert Reports of 2001, 2002, 2003, 2008 commissioned by U.N. Security Council detailing ongoing theft of billions of dollars of natural resources from the eastern Congo by Defendants.

29 Mr. Zelbst is a member of the Bar of this Court.
Mr. Erlinder is a member of the Bar of the State of Illinois and Indiana.
Mr. Kerns is a member of the Bar of the State of Kansas.
Mr. Erlinder and Mr. Kerns are not admitted in this Court at this time.