By EDMUND KAGIRE AND PATRICK CONDON (AP)
KIGALI, Rwanda — An American lawyer helping defend a Rwandan presidential hopeful against charges that include promoting a genocidal ideology was arrested Friday and charged with genocide denial, police said.
The U.S. National Lawyers Guild demanded Peter Erlinder's immediate release and said the government was trying to hamstring the legal defense of Victoire Ingabire, an opposition leader running against President Paul Kagame in Aug. 9 elections.
Kagame has been lauded abroad for social and economic reforms and is expected to win another seven-year term but human rights groups say his administration has an ironclad hold on power and quashes opposing views.
"There can be no justice for anyone if the state can silence lawyers for defendants whom it dislikes and a government that seeks to prevent lawyers from being vigorous advocates for their clients cannot be trusted," said David Gespass, the president of The U.S. National Lawyers Guild.
Rwanda's 1994 genocide claimed the lives of more than 500,000 people, mostly Tutsis and moderate Hutus. The massacres ended when mostly Tutsi rebels led by Kagame defeated the mostly Hutu extremist perpetrators.
Ingabire, a Hutu, returned to Rwanda in January to contest elections after 16 years of living abroad. She says she returned to Rwanda because the country needs an open discussion to promote reconciliation.
She immediately visited a memorial to Tutsis killed in the 1994 genocide and asked why Hutus who also died weren't remembered. She was arrested and freed on bail but her passport was seized and she cannot leave Kigali. If convicted, Ingabire, 41, could be sentenced to more than two decades in prison.
Her case has become a test of where Rwanda stands in its effort to move past the genocide — and how much freedom the government will allow.
Erlinder is the president of an association of defense lawyers at the International Criminal Tribunal for Rwanda that is trying the masterminds of the 1994 genocide. He is also a law professor at William Mitchell College of Law in St. Paul, Minnesota.
He came to Rwanda four days ago and "has been publicly saying that there was no genocide in Rwanda," said police spokesman Eric Kayiranga.
"It has nothing to do with diplomacy, it is totally a criminal case," said Kayiranga when asked whether the arrest could cause a diplomatic spat with the U.S.
U.S. Sen. Amy Klobuchar of Minnesota said her office is working with the U.S. Embassy in Rwanda to make sure that Erlinder "is treated well and that the legal process works quickly and fairly so he can come home."
Klobuchar said Friday she has spoken to U.S. Ambassador to Rwanda W. Stuart Symington, a longtime friend, and he told her that embassy officials met with Erlinder soon after his arrest and reported that he is in good health.
"I know Professor Erlinder as a long-standing member of Minnesota's legal community. Our thoughts and prayers are with him and his family," Klobuchar said in a statement.
Steve Linders, the spokesman for William Mitchell College of Law, said that officials at the school were in contact with the U.S. State Department and the offices of several Minnesota members of Congress "trying to get facts in place and monitor the situation."
"Our primary concern is obviously for Professor Erlinder's safety, and we're hoping the situation is resolved fairly as well as promptly," Linders said.
Linders said Erlinder's work in Rwanda was not sponsored by the school, but said William Mitchell professors have a long history of outside legal work for a variety of causes.
A lawyer since 1979, Erlinder, 62, has been on the William Mitchell faculty since 1982. He has worked as a litigator or legal consultant on numerous high-profile cases involving the death penalty, civil rights, alleged government or police misconduct and defense of political activism.
The St. Paul resident assisted in the legal defense of Mohammed Abdullah Warsame, a Canadian citizen who in 2009 pleaded guilty in federal court in Minneapolis to aiding al-Qaida. He also represented Sami al-Arian, a former University of South Florida professor who pleaded guilty in 2006 to conspiring to aid terrorists.
Last November, Erlinder traveled to the Netherlands in order to aid in the defense of a Somali man from Minneapolis being held there on U.S. terrorism charges. He also recently advised Chippewa Indian bands in northern Minnesota in a dispute over treaty fishing rights.
Linders said Erlinder has worked on legal issues involved Rwanda for some time, and had traveled to the country prior to his current trip.
The U.S. State Department said in a March report on Rwanda that citizens' rights to change their government are "effectively restricted" and cited limits on freedoms of speech, press and judicial independence.
Associated Press writer Patrick Condon in Minneapolis contributed to this report.
Showing posts with label Mitchell College. Show all posts
Showing posts with label Mitchell College. Show all posts
Friday, May 28, 2010
Peter Erlinder’s Arrest: A Blessing or Curse
Kigali will argue they have finally got their man but the arrest of Prof Peter Erlinder today in Kigali has every potential to go down as a defining moment in the history of this tiny country, who many now know loves tussling it out with the mightiest.
The American Professor of Law at William Mitchel College of Law in St Paul, Minnesota, a successful criminal lawyer and lead counsel at the International Criminal Tribunal for Rwanda (ICTR) is now, as Kigali will want the world to know, in their hands – ready to face the long arm of the law for denying genocide – at least for now. Don’t be surprised if when the charge sheet is presented, it contains associating with terrorists and promoting divisionism. The three, according to prosecutors in Kigali, MUST go together; otherwise the case wouldn’t be TRULLY RWANDAN.
Having arrived in Rwanda on Sunday, May 23, to defend incarcerated opposition politician Victoire Ingabire – another member of the public whose charge sheet includes the three named charges, Erlinder who a Rwandan prosecution source described as ‘a big fish given his association with known genocidaires’ now has to get himself a lawyer and consider his defence for Ingabire impossible.
Already, the American Embassy has made it clear it won’t be commenting further on the case apart from confirming that Prof Erlinder has been arrested.
But what exactly are the politics here?
Before i go any further, it is perhaps imperative that we get to understand who Prof Erlinder is and how he fits into this amazing Rwandan cobweb. Erlinder is not only famous for being a successful and intelligent criminal lawyer, he was lead counsel in the famous Military I trial in Arusha where it was argued and established that there was “no planning or conspiracy on the part of the former government to commit the genocide”.
Earlier this month, Prof Erlinder was again among a group of attorneys who sought to serve President Paul Kagame for wrongful death in a $350 million dollar suit filed in Oklahoma. As a long time critic of the regime in Kigali, Prof Erlinder was always in Kagame’s black book and it was not a surprise when his name appeared alongside those of people considered evil and worth eliminating by the Rwandan regime as leaked on the internet by Keith Harmon Snow.
Even with the US declaring itself yesterday and choosing to lay-bear the fears inside Rwanda in a scathing report published on the internet Thursday May 27, Kigali today decided enough was enough and moved in on the Professor.
Why is the question?
From the day Victoire Ingabire was arrested, Erlinder made it clear he was prepared to be part of her defence team. His interest was publicised and Rwanda knew then, that Erlinder was on his way. Sources within Rwanda’s prosecution have told me that fearing Erlinder’s interest in the case and his expression of willingness to defend Ingabire, the government started circulating stories in the local and regional press aimed at scaring away the America. Newspaper reports hinted at the possibility of an immediate arrest on arrival for previously denying the genocide ever took place.
But the more Erlinder was threatened, the more he made certain his desire to travel and represent Ingabire. And since much of the evidence in the case against Ingabire is circumstantial and some of it from coerced testimonies, Rwanda feared a smart counsel of Erlinder’s stature would quash it, thereby making a successful prosecution impossible. Such, would of course exonerate her from all the charges, allowing her to register her party FDU-Inkingi in time for the presidential elections in August.
Bring in Plan B
As the government worked around the clock for a way to prevent an embarrassment, Prof Erlinder arrived in Kigali. He was never arrested because technically the leaked list threat was never official – and thus not enough to effect an arrest – especially since the government had been denying knowledge of it. So, Erlinder was left to enter the country and instead another tactic devised. Working with the Bar Association of Rwanda, the government decided this time to delay in the hope of refusing Erlinder permission to practice.
Again, a newspaper campaign was mounted against his visit with emphasis on the fact that he had no legal right to practice in the country despite his interest in defending Ingabire. However, as a law professor and a counsel who had worked at the ICTR in neighbouring Tanzania, this move was destined to fall through. It is then that “on orders from above,” police was instructed to arrest him.
Curse or Blessing
In arresting Prof Erlinder, the Rwandan government may have overlooked one simple fact – the obvious case of the arrest having two sides. Erlinder’s arrest can only be either a blessing or curse for Rwanda.
A source told me today that part of the reason they arrested him was because they hoped the arrest of such a high profile figure would send a signal to all the “genocide deniers” and regime critics that no one will be tolerated and if it means fighting it out in court, the government is prepared “to arrest and shame”.
As stupid as this argument is, it disregards the fact that Prof Erlinder while a “big fish” is no ordinary tilapia or tuna! If the fish paradigm is to be followed, Prof Erlinder might indeed be a whale that will rock the boat and turn the tables up for what has never been heard or seen.
Kigali should know this, especially because the establishment knows and understand the truth. Incarcerating Erlinder will of course arouse more publicity to Kigali to add to the one already aimed at Rwanda over Ingabire’s arrest or the recent bombs and chaos in the run up to the August elections.
Some one will have obviously overlooked this and advised President Paul Kagame to sanction the arrest. Usually, this is what happens in Rwanda when anger overrides sane reasoning. We have seen this with the head of state kicking off and throwing tantrums in the middles of state addresses or speeches to ambassadors accredited to the country or in a recent example, going against the tenets of justice by attempting contempt of court as in what happened in his last interview to Daily Monitor a week ago.
With a president so gaffe prone that he forgets where he has to put a comma and goes until the last full stop, a case involving Erlinder or one in which he has to take the stand is the last thing Kigali needs.
Sometimes, you get your man or your fish but when the fishing stick it too weak to pull the fish up from the sea, it might be better to just ignore, me thinks
The American Professor of Law at William Mitchel College of Law in St Paul, Minnesota, a successful criminal lawyer and lead counsel at the International Criminal Tribunal for Rwanda (ICTR) is now, as Kigali will want the world to know, in their hands – ready to face the long arm of the law for denying genocide – at least for now. Don’t be surprised if when the charge sheet is presented, it contains associating with terrorists and promoting divisionism. The three, according to prosecutors in Kigali, MUST go together; otherwise the case wouldn’t be TRULLY RWANDAN.
Having arrived in Rwanda on Sunday, May 23, to defend incarcerated opposition politician Victoire Ingabire – another member of the public whose charge sheet includes the three named charges, Erlinder who a Rwandan prosecution source described as ‘a big fish given his association with known genocidaires’ now has to get himself a lawyer and consider his defence for Ingabire impossible.
Already, the American Embassy has made it clear it won’t be commenting further on the case apart from confirming that Prof Erlinder has been arrested.
But what exactly are the politics here?
Before i go any further, it is perhaps imperative that we get to understand who Prof Erlinder is and how he fits into this amazing Rwandan cobweb. Erlinder is not only famous for being a successful and intelligent criminal lawyer, he was lead counsel in the famous Military I trial in Arusha where it was argued and established that there was “no planning or conspiracy on the part of the former government to commit the genocide”.
Earlier this month, Prof Erlinder was again among a group of attorneys who sought to serve President Paul Kagame for wrongful death in a $350 million dollar suit filed in Oklahoma. As a long time critic of the regime in Kigali, Prof Erlinder was always in Kagame’s black book and it was not a surprise when his name appeared alongside those of people considered evil and worth eliminating by the Rwandan regime as leaked on the internet by Keith Harmon Snow.
Even with the US declaring itself yesterday and choosing to lay-bear the fears inside Rwanda in a scathing report published on the internet Thursday May 27, Kigali today decided enough was enough and moved in on the Professor.
Why is the question?
From the day Victoire Ingabire was arrested, Erlinder made it clear he was prepared to be part of her defence team. His interest was publicised and Rwanda knew then, that Erlinder was on his way. Sources within Rwanda’s prosecution have told me that fearing Erlinder’s interest in the case and his expression of willingness to defend Ingabire, the government started circulating stories in the local and regional press aimed at scaring away the America. Newspaper reports hinted at the possibility of an immediate arrest on arrival for previously denying the genocide ever took place.
But the more Erlinder was threatened, the more he made certain his desire to travel and represent Ingabire. And since much of the evidence in the case against Ingabire is circumstantial and some of it from coerced testimonies, Rwanda feared a smart counsel of Erlinder’s stature would quash it, thereby making a successful prosecution impossible. Such, would of course exonerate her from all the charges, allowing her to register her party FDU-Inkingi in time for the presidential elections in August.
Bring in Plan B
As the government worked around the clock for a way to prevent an embarrassment, Prof Erlinder arrived in Kigali. He was never arrested because technically the leaked list threat was never official – and thus not enough to effect an arrest – especially since the government had been denying knowledge of it. So, Erlinder was left to enter the country and instead another tactic devised. Working with the Bar Association of Rwanda, the government decided this time to delay in the hope of refusing Erlinder permission to practice.
Again, a newspaper campaign was mounted against his visit with emphasis on the fact that he had no legal right to practice in the country despite his interest in defending Ingabire. However, as a law professor and a counsel who had worked at the ICTR in neighbouring Tanzania, this move was destined to fall through. It is then that “on orders from above,” police was instructed to arrest him.
Curse or Blessing
In arresting Prof Erlinder, the Rwandan government may have overlooked one simple fact – the obvious case of the arrest having two sides. Erlinder’s arrest can only be either a blessing or curse for Rwanda.
A source told me today that part of the reason they arrested him was because they hoped the arrest of such a high profile figure would send a signal to all the “genocide deniers” and regime critics that no one will be tolerated and if it means fighting it out in court, the government is prepared “to arrest and shame”.
As stupid as this argument is, it disregards the fact that Prof Erlinder while a “big fish” is no ordinary tilapia or tuna! If the fish paradigm is to be followed, Prof Erlinder might indeed be a whale that will rock the boat and turn the tables up for what has never been heard or seen.
Kigali should know this, especially because the establishment knows and understand the truth. Incarcerating Erlinder will of course arouse more publicity to Kigali to add to the one already aimed at Rwanda over Ingabire’s arrest or the recent bombs and chaos in the run up to the August elections.
Some one will have obviously overlooked this and advised President Paul Kagame to sanction the arrest. Usually, this is what happens in Rwanda when anger overrides sane reasoning. We have seen this with the head of state kicking off and throwing tantrums in the middles of state addresses or speeches to ambassadors accredited to the country or in a recent example, going against the tenets of justice by attempting contempt of court as in what happened in his last interview to Daily Monitor a week ago.
With a president so gaffe prone that he forgets where he has to put a comma and goes until the last full stop, a case involving Erlinder or one in which he has to take the stand is the last thing Kigali needs.
Sometimes, you get your man or your fish but when the fishing stick it too weak to pull the fish up from the sea, it might be better to just ignore, me thinks
William Mitchell College Demands the Immediate Release of Prof. Peter Erlinder
Statement from President and Dean Eric S. Janus on Prof. Peter Erlinder’s arrest in Rwanda
On Friday, May 28, we were notified that Professor Peter Erlinder was arrested in Rwanda. At this time, he has not been charged with any crime. Our primary concern is for Prof. Erlinder’s safety and we hope the situation is resolved both fairly and promptly.
William Mitchell is working with the United States Department of State, the U.S. Embassy in Rwanda, and the International Criminal Tribunal for Rwanda to monitor the situation and provide any assistance possible. In addition, we are in contact with representatives from the offices of Sen. Amy Klobuchar, Rep. Betty McCollum, and Rep. Keith Ellison to make them aware of the situation and provide information about Prof. Erlinder’s work in Rwanda.
William Mitchell has a 110-year history of legal education that is engaged with the legal profession, and we support and encourage the legal pursuits of our faculty beyond the college. Prof. Erlinder is in Rwanda to represent Victoire Ingabire, an opposition candidate for President of Rwanda who was arrested over accusations of promoting genocide ideology. In traveling to Rwanda, Prof. Erlinder exemplifies the great tradition of lawyers who take on the representation of unpopular clients and causes. That Prof. Erlinder did so at great personal risk demonstrates the strength of his commitment to justice and due process. We support his commitment to justice, the rule of law, and public service, which are the core of the lawyer’s function in society and values Prof. Erlinder works to instill in the students he teaches at William Mitchell.
We look forward to Prof. Erlinder’s return to the college and will continue to monitor his situation and work with the United Nations and the United States government until the issue is resolved.
On Friday, May 28, we were notified that Professor Peter Erlinder was arrested in Rwanda. At this time, he has not been charged with any crime. Our primary concern is for Prof. Erlinder’s safety and we hope the situation is resolved both fairly and promptly.
William Mitchell is working with the United States Department of State, the U.S. Embassy in Rwanda, and the International Criminal Tribunal for Rwanda to monitor the situation and provide any assistance possible. In addition, we are in contact with representatives from the offices of Sen. Amy Klobuchar, Rep. Betty McCollum, and Rep. Keith Ellison to make them aware of the situation and provide information about Prof. Erlinder’s work in Rwanda.
William Mitchell has a 110-year history of legal education that is engaged with the legal profession, and we support and encourage the legal pursuits of our faculty beyond the college. Prof. Erlinder is in Rwanda to represent Victoire Ingabire, an opposition candidate for President of Rwanda who was arrested over accusations of promoting genocide ideology. In traveling to Rwanda, Prof. Erlinder exemplifies the great tradition of lawyers who take on the representation of unpopular clients and causes. That Prof. Erlinder did so at great personal risk demonstrates the strength of his commitment to justice and due process. We support his commitment to justice, the rule of law, and public service, which are the core of the lawyer’s function in society and values Prof. Erlinder works to instill in the students he teaches at William Mitchell.
We look forward to Prof. Erlinder’s return to the college and will continue to monitor his situation and work with the United Nations and the United States government until the issue is resolved.
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