Africa Great Lakes Democracy Watch



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Africa Great Lakes Democracy Watch Blog. Our objective is to promote the institutions of democracy,social justice,Human Rights,Peace, Freedom of Expression, and Respect to humanity in Rwanda,Uganda,DR Congo, Burundi,Sudan, Tanzania, Kenya,Ethiopia, and Somalia. We strongly believe that Africa will develop if only our presidents stop being rulers of men and become leaders of citizens. We support Breaking the Silence Campaign for DR Congo since we believe the democracy in Rwanda means peace in DRC. Follow this link to learn more about the origin of the war in both Rwanda and DR Congo:http://www.rwandadocumentsproject.net/gsdl/cgi-bin/library


Showing posts with label Rwanda Elections. Show all posts
Showing posts with label Rwanda Elections. Show all posts

Saturday, May 7, 2011

State Department War Crimes Chief Stephen Rapp’s cover-up of U.S. War Crimes in Rwanda Genocide

Daya Gamage – Foreign News Desk Asian Tribune Washington, DC. 29April
 
The April 28 report in The New York Times captioned ‘American Lawyer is Barred from Rwanda Tribunal Work’ caught the eye of this Online Daily’s Foreign News Desk which informed the readers that Peter Erlinder, a law professor in an American university, has been barred by the UN from working at the international tribunal for Rwanda based in the Tanzanian city of Arusha. He refused to travel to Arusa for fear of his life.
He said that he is a target of the Rwandan government and has even received threats while on lecture tours in the U.S.
Prof. Erlinder charges the current Paul Kahame regime of Rwanda of targeted assassinations of those who were accusing the Rwandan leader of genocide - 1990 through 1994 - in which one million people were killed. He and others who have given a long list of victims in many worldwide cities attributed those assassinations to the current Rwandan leadership of Paul Kagame.
One of the mysterious deaths known to the Asian Tribune network was a UN professional who worked to unearth the evidence of the Rwandan genocide – a Sri Lankan Shyamlal Rajapaksa who happened to be a first cousin of the present president of Sri Lanka Mahinda Rajapaksa. His killing in August 2009 in the Tanzanian city of Arusha where the International Criminal Tribunal for Rwanda (ICTR) was headquartered is still a mystery.
Professor Peter Erlinder has come out with an array of evidence and interpretations of the direct culpability of the current Rwandan president Paul Kagame in the Rwandan genocide, how he and his colleagues were given military training in the U.S., how Kagame as the head of the Rwandan Patriotic Front (RPF), a proxy force of the Pentagon according to Erlinder, invaded Rwanda to unleash a genocide with tacit approval of the United States, and in the following years how the United States took covert and overt steps to cover up its involvement in the Rwandan mass massacre.
It is here that Ambassador-at Large Stephen Rapp’s name emerge. Mr. Rapp is currently the head of the Office of War Crimes Issues of the U.S. Department of State, and in his previous position as the chief prosecutor of the Rwandan genocide, according to Peter Elinder, and many other investigators, Mr. Rapp was one of the main who was involved in the cover up of US involvement in the Rwandan Genocide.
The Asian Tribune readers may recall that Stephen Rapp in his capacity as the State Department’s War Crimes Issues chief who prepared and released a document in October 2009 with ambiguous evidence which accused Sri Lanka of violating international humanitarian laws during the final (Jan-May 2009) stage of the battle with separatist/terrorist Tamil Tigers (LTTE).
In October 1990, the Ugandan army and the Rwandan Patriotic Front/Army (RPF) led by Major General Paul Kagame invaded Rwanda. The guerrillas who violated international laws and committed massive war crimes were backed by Britain, Belgium, the United States and Israel, according to many investigators and researchers. By July 1994, the RPF completed its coup d'etat and consolidated its power in Rwanda.
On April 6, 1994, the governments of Rwanda and Burundi were decapitated when the plane carrying the two presidents and top military staff was shot down over Kigali, Rwanda's capital. The well-planned assassinations of Juvenal Habyarimana and Cyprien Ntaryamira sparked a massive escalation of warfare that is falsely portrayed as the result of meaningless tribal savagery. These assassinations were major war crimes, and the RPF and UPDF were responsible, but almost every attempt to honestly investigate the double presidential assassinations has been blocked by the U.S. and its allies.
A frequent contributor to a think tank called Global Research, Prof. Elinder outlined the United States endeavor in the cover up of its own culpability in the Rwandan genocide.
He wrote: “The July 9, 2009 New York Times reported that the Obama administration had selected Stephen Rapp to replace the Bush administration Ambassador-at-Large for War Crimes, Pierre Prosper. Rapp began his international career at the UN Security Council Criminal Tribunal for Rwanda in 2001, while Carla Del Ponte was Chief Rwanda Prosecutor. Rapp’s nomination just a few months after Del Ponte’s of her memoir of her years as Chief UN Prosecutor, Madam Prosecutor: Confronting Humanity’s Worst Criminals and the Culture of Impunity was published in English.
“Del Ponte’s book describes in detail the systematic U.S.-initiated cover-up of crimes by the current Rwandan government, a U.S. ally, committed during the Rwanda Genocide, and how she was removed from her ICTR (International Criminal Tribunal for Rwanda) position in 2003 by U.S. Ambassador Prosper, himself, when she refused to cooperate with the U.S.-initiated “cover-up.”
According to Del Ponte, her ICTR Office had the evidence to prosecute Kagame for “touching-off” the Rwanda Genocide by ordering the assassination of Rwanda’s former President Juvenal, Habyarimana, long before 2003. She also details the dozens of massacre sites, involving thousands of victims, for which the current Rwandan President, Paul Kagame and his military, should be prosecuted. The well-publicized canard, that “the identity of the assassins of Habyarimana is unknown” is a bald-faced lie, well -known by ICTR Prosecutors, according to Ms. Del Ponte, writes Prof. Elinder in Global Research.
Two years after Del Ponte was removed from office, Stephen Rapp became “Chief” of ICTR Prosecutions with access to all of the evidence known to Ms. Del Ponte, and more that has been made public in the past few years. During his four years at the ICTR, Rapp like Del Ponte, also was in a position to prosecute Kagame and members of the current government of Rwanda but, not ONE member of Kagame’s military has been prosecuted at the ICTR, to date…and the “cover-up” revealed by Del Ponte, continues today. And, unlike, Ms. Del Ponte, who was fired by the U.S., Mr. Rapp was first rewarded with an appointment as Chief Prosecutor at the U.S.-funded Sierra Leone Tribunal and now, a coveted ambassadorship by the Obama administration as the chief of the Office of War Crimes Issues at the State Department.
Mr. Rapp, for reasons known and unknown to the Asian Tribune, used ambiguous and conflicting information and data to accuse Sri Lanka of violating International Humanitarian Laws (IHL) in a report released to the US Congress in October 2009.
Former Chief ICTR Prosecutor Del Ponte Details War Crimes “Cover-up”
According to Del Ponte, in May 2003 she was called to Washington D.C. by Prosper (ironically, also a former ICTR prosecutor with knowledge of Kagame’s crimes) who informed her that the U.S. would remove her UN post, if she carried through with her publicly announced plans to indict Kagame and members of his government and military. According to Del Ponte, when she refused to knuckle-under because “she worked for the UN, - not for the U.S” Prosper told her ICTR career was over. In October Del Ponte was replaced by a US-approved ICTR prosecutor, Hassan Abubacar Jallow, who elevated Rapp to “Chief of Prosecution” two years later.
ICTR Trials: More Evidence of Rwanda Crimes Cover-Up
Del Ponte’s revelations are not the only evidence that a U.S.-initiated “war crimes cover-up” at the ICTR is creating impunity for crimes committed by the Kagame and his military. On September 10, 1994 memo in evidence in the ICTR Military-1 Trial confirms that U.S. Secretary of State Warren Christopher was informed that Kagame’s troops were killing “10,000 civilians a month” in military-style, according to an investigation funded by US Agency for International Development (USAID). And, as early as January 1997, a team made up of Chief ICTR Investigative Prosecutor and former Australian Crown Prosecutor Michael Hourigan; former FBI Agent James Lyons; and former UN-Chief of Military Intelligence in Rwanda, Amadou Deme; reported Louise Arbour, Ms. Del Ponte’s predecessor, that Kagame should be prosecuted for assassinating the previous president. Arbour scuttled the investigation, suppressed the report and disbanded the investigative team.
Shortly, thereafter, Arbour was elevated to Canada’s Supreme Court and has sunsequently been chosen to head the International Crisis Group.
Louise Arbour as the head of the International Crisis Group released a report in May 2010 accusing Sri Lanka of war crimes said: “Evidence gathered by the International Crisis Group suggests that these months saw tens of thousands of Tamil civilian men, women, children and the elderly killed, countless more wounded, and hundreds of thousands deprived of adequate food and medical care, resulting in more deaths. This evidence also provides reasonable grounds to believe the Sri Lankan security forces committed war crimes with top government and military leaders potentially responsible.”
Former ICTR Prosecutor Rapp Complicit in Cover-up
But, even though Arbour suppressed the “Hourigan Report,” Del Ponte, Rapp and other ICTR prosecutors certainly knew about it, because ICTR judges had ordered Del Ponte’s Office to release the “Hourigan report” to a defense team as early as the year 2000, a year before Rapp began his ICTR work, and three years before Del Ponte was fired by Prosper.
Prof. Peter Elinder says “But….to date, not one indictment has been issued against Kagame by the ICTR Prosecutor.”
Consequences of the ICTR Cover-up of Kagame’s Crimes
The tragic consequence of the failure to prosecute Kagame at the ICTR, from 1994 to date, is that Kagame has been free to invade the Congo in 1996 and 1998, and to occupy part of the eastern Congo many-times larger than Rwanda, to this day. No less than four UN Security Council-commissioned Panel of Experts Report(s) on the Illegal Exploitation of the DR Congo (2001, 2002, 2003 and December 2008) have detailed the massive rape of the Congo’s resources that has brought vast riches to Kagame and his inner circle.
While Rapp was ICTR Senior Trial Attorney in 2003, Kagame was effectively elected President-for-Life with 95% of the vote, after banning opposition parties and jailing opponents, in “a climate of intimidation” according to EU observers.
“Chief of Prosecutions” Rapp Withheld Exculpatory Evidence
In February 2009, the ICTR issued its Judgment the Military-1 case, that main case at the ICTR, in which Mr. Rapp personally appeared for the Prosecution. Although massive violence did occur in Rwanda, the court certainly recognized that blaming only one side WAS a falsehood, when it acquitted all of the “architects of the killing machine” (as Mr. Rapp called the defendants in court) of conspiracy or planning to kill civilians. The highest ranking military-officer was acquitted of all charges.
And, although it is now clear from Ms. Del Ponte’s memoirs that Mr. Rapp had the evidence to clear the ICTR defendants of the assassination charges and only the losing side has been blamed for all crimes committed in Rwanda in 1994. Simply put, Mr. Rapp and other ICTR prosecutors have withheld evidence that would be beneficial to the defense, contrary to Tribunal Rules; have prosecuted defendants for crimes they knew were committed by Kagame’s forces; and, have created a system of “judicial impunity” that has permitted Kagame to kill millions in the eastern Congo.
It is in this context that Prof. Peter Elinder writing to Global Security questioned President Obama’s wisdom in appointing Stephen Rapp as the head of the Office of War Crimes Issue at the State Department in this manner: “This “inconvenient-African-truth,” raises an uncomfortable question regarding President Obama’s nomination of Mr. Rapp, in the first place: Are Obama and his advisors ignorant of the public record regarding Rapp’s complicity in the ICTR Cover-up….or do they just not give a damn?”
The U.S. Culpability in Rwanda Genocide
Aimable Mugara in a piece to OpEdNews put it this way: “In 1990, General Kagame who was the Chief of Military Intelligence of Uganda and head of the Rwandan Patriotic Forces (RPF) led a violent invasion of Rwanda from Uganda, with the approval and support (financial, military and political) of the United States government. This violent war changed the landscape of that region forever. By landscape, I also mean the number of mass graves that dot every of inch of that region now. The two final years of President Bush the father, during which his American government supported the murderous gang of General Kagame and Yoweri Museveni resulted in the deaths of many innocent Rwandan and Ugandan civilians. During those two years, there are thousands who lost their lives at the hands of General Kagame's soldiers and Yoweri Museveni's soldiers. But this was nothing compared to the more than 6 millions of civilians that would later die under Bill Clinton's 8 year reign, with American money, American weapons and American political support.”
In a September 30, 2010 New York Times article titled ‘Dispute Over U.N. Report Evokes Rwandan Déjà Vu’, it is mentioned how in the fall of 1994, a United Nations investigation discovered that General Kagame's forces had killed tens of thousand of innocent civilians that year. That under pressure from Bill Clinton's government, the United Nations was forced not to publish that report. In that New York Times article, they talk about how the 1994 UN report describes General Kagame's soldiers "rounding up civilians and methodically killing unarmed men, women and children."
“Kagame received his military education under the Pentagon’s Joint Combined Exchange Training (JCET) at the Command and General Staff College of Fort Leavenworth, Kansas, beginning in 1990,” wrote John E. Peck of the Association of African Scholars (2002). “His sidekick, Lt. Col. Frank Rusagara, got his JCET schooling at the U.S. Naval Academy in Monterey, California. Both were dispatched to Rwanda in time to oversee the RPF’s takeover in 1994. Far from being an innocent bystander, the Washington Post revealed on July 12, 1998 that the United States not only gave Kagame $75 million in military assistance, but also sent Green Berets to train Kagame’s forces (as well as their Ugandan rebel allies) in low intensity conflict (LIC) tactics. Pentagon subcontractor Ronco, masquerading as a de-mining company, also smuggled more weapons to RPF fighters in flagrant violation of UN sanctions. All of this U.S. largesse was put to lethal effect in the ethnic bloodbath that is still going on.”
In 2009 published Edward S. Herman and David Peterson's investigative/research book The Politics of Genocide said: “The United States and its allies worked hard in the early 1990s to weaken the Rwandan government, forcing the abandonment of many of the economic and social gains from the social revolution of 1959, thereby making the Habyarimana government less popular, and helping to reinforce the Tutsi minority’s economic power.9 Eventually, the RPF was able to achieve a legal military presence inside Rwanda, thanks to a series of ceasefires and other agreements. These agreements led to the Arusha Peace Accords of August 1993, pressed upon the Rwandan government by the United States and its allies, called for the “integration” of the armed forces of Rwanda and the RPF, and for a “transitional,” power-sharing government until national elections could be held in 1995.10 These Peace Accords positioned the RPF for its bloody overthrow of a relatively democratic coalition government, and the takeover of the Rwandan state by a minority dictatorship.”
The U.S. State Department’s Office of War Crimes Issues chief Stephen Rapp knew this entire Rwandan episode, the U.S. interests in Paul Kagame, the UN concealment of the 1994 report at the behest of the Clinton administration, the U.S. military assistance to Kagame’s Rwandan Patriotic Front and the entire exercise of the ‘Rwandan cover up’ to conceal the U.S. culpability in the Rwandan genocide when he focused his attention elsewhere; Sri Lanka.
- Asian Tribune -

Tuesday, July 27, 2010

Trial opens for Rwandan opposition leader

Refugee camp for Rwandans located in what is n...Image via Wikipedia
KIGALI — A Rwandan court has opened the trial of an opposition leader accused of recruiting fighters to destabilise the government, his lawyer said Tuesday.
Deo Mushayidi, a former member of President Paul Kagame's ruling party, was arrested in March in neighbouring Burundi and handed over to Rwandan authorities. His trial began on Monday.
Mushayidi's lawyer, Protais Mutembe, said his client was also charged of collaborating with a terrorist group, spreading rumours to cause civil disobedience, using a fake passport and promoting genocide ideology.
"The prosecutor presented all manner of evidence which we refuted. The case has been adjourned to August 23," Mutembe said.
Mushayidi, who heads the Pact for the Defence of the People, a party based in exile, has denied the charges, admitting only that he has been travelling on a Burundian passport since 2006.
Rwanda is holding its presidential elections on August 9. The run up to the vote has seen the government come under accusations from rights groups that it is restricting media and political freedoms.
Kagame, who has ruled Rwanda since the end of the 1994 genocide, is widely expected to secure a new term next month.
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Saturday, July 24, 2010

Rwanda: Tension Before The Presidential Election, Except for Kagame

Published by Global Voices
On July 20th, the incumbent President of Rwanda Paul Kagame has officially launched his campaign for another term in office. The campaign will end on August 9th when the election results are scheduled be made official.  Kagame  is determined to win with a similar  comfortable margin [fr] as in 2003 when he won his presidential bid with 95% of recorded votes.
There are  only three challengers running against the Rwandan Patriotic Front’s leader, two former ministers and one senator  who supported him during the 2003 presidential elections: Jean-Damascene Ntawukuriryayo, for the Social Democratic Party, Prosper Higiro for Liberal Party and Alvera Mukabaramba for the Party of Progress and Concord. But where is the real opposition?
Sonia LG from the blog Good Morning Afrika [fr] attempts to provide an answer:
Chasse aux opposants :
-Le parti démocratique vert, lancé en août 2009, par des transfuges du Front patriotique rwandais (FPR), actuellement au pouvoir : qui n'a pas été agréé par les autorités et dont le premier vice-président André Kagwa Rwisereka a été assassiné la semaine dernière.
- Le parti social : Bernard Ntaganda son membre fondateur a été exclu du parti et arrêté le 24 juin et placé sous contrôle judiciaire (accusé de “terrorisme” et d'”incitation génocidaire”.
- Les Forces démocratiques unifiées dont la présidente Victoire Ingabire a aussi été inculpée et placée sous contrôle judiciaire pour “propagation d'idéologie génocidaire”.
Harassment of the political opposition:
-         The Green Party: it was launched in August 2009 by defectors from the RPF party, currently in power. This party was not approved by the authorities and its vice-president André Kagwa Rwisereka was murdered last week.
-         The Social Imberakuri Party [fr]: its founder member Bernard Ntaganda was excluded from his party and arrested on June 24th and he is currently placed under custody pending trial for charges of  ”terrorism” and ”genocidal ideology”)
-         The Unified Democratic Forces:  The party president Victoire Ingabire was also charged  and placed under a custody pending trial for “propagation of genocidal ideology.”
Kris Berwouts, director of the European NGO network for the defence of Central Africa EurAc, stressed the difficulties faced by the opposition parties before the 2010 presidential elections:
Nous avons vu comment les partis d’opposition, qui se préparaient pour la campagne électorale, ont été écartés et comment l’espace politique s’est verrouillé à travers :
  • le monopole du régime sur les médias, lesquels ont diabolisé de façon permanente les partis d’opposition et leurs leaders ;
  • l’intimidation verbale et physique des partis d’opposition, de leurs leaders, de leurs cadres et militants ;
  • la création d’un cadre légal qui permet au régime d’entamer en peu de temps une démarche juridique contre laquelle l’opposition peut difficilement se défendre (fondée sur les accusations de diffusion de l’idéologie génocidaire et du divisionnisme, notions très larges et volontairement peu précisées dans la loi). Ce cadre paralyse les leaders de l’opposition dans leurs activités quotidiennes et est utilisé pour les empêcher d’exercer leurs droits politiques ;
  • une politique administrative qui vise à empêcher l’opposition de se faire enregistrer, de s’implanter, d’organiser des réunions ou de se faire connaître auprès du grand public ;
  • l’infiltration des partis d’opposition pour les déstabiliser de l’intérieur.
As the opposition parties were preparing for their electoral campaigns, we witnessed how they  had been isolated and how the political scene was restricted using the following measures:
  • the regime's monopoly over media, which has constantly diabolized the opposition parties and their leaders;
  • verbal and physical intimidation of the opposition parties, their leaders, their executives and militants;
  • the creation of a legal framework which enables the regime to rapidly start  legal steps against the opposition parties which can hardly defend themselves (mainly because the accusations of propagation of genocidal ideology and ethnic divisionism are deliberately vague  and overarching legal concepts). This framework paralyzes opposition leaders in their daily activities and is used to ward them off  of  their political rights;
  • administrative policies that are trying to prevent the opposition party from registering, getting organized, holding meetings or getting publicity with the general population;
  • Infiltration of the opposition parties in order to destabilize them from the inside.
High-ranking officers and Kagame’s former confidents were also  targeted in the pre-election tensions.  As a matter of fact, General Nyamwasa, in exile in Johannesburg, South Africa since February 2010 was shot in front of his house on June 19 after having expressed vigorous charges of corruption in the Kagame  government. In April, two other generals, Emmanuel Karenzi Karake and Charles Muhire were suspended and arrested [fr], the first for immoral behaviour and the second for corruption. All of them are allegedly guilty of terrorism and a reorganization of the command of the army quickly occurred afterwards.
Finally, the press has also come under pressure. In April 2010, two newspapers, Umuseso and Umuvuguzi were suspended for six months [fr] by Rwandan authorities, accused of “libel and interferences with privacy”. On June 24th, the Umuvuguzi editor in chief Jean-Leonard Rubambage was murdered a day after publishing an article accusing Rwandan secret services to be the instigator of General Nyamwasa’s assassination [fr]. According to the police, the murderer' s motive was to avenge the death of one of his relatives whom Ruganbage would have allegedly killed. It was the first murderer of a journalist since 1998. Few days later on July 8th, Agnès Uwimana Nkusi, editor of the newspaper Uurabyo, was arrested on charges of sectarianism, discrimination, genocide denial and public incitation to hate. She has already spent one year in jail for similar facts between January 2007 and January 2008.
By scorning fundamental civil rights, increasing dubious arrests and unforgivable murders of political leaders and journalists, the man of the reconciliation Kagame  who stabilized  the political and social climate after the 1994 genocide, has re-opened the scars left by the most horrific  period of Rwandan history.  There were numerous trials conducted by the International Criminal Tribunal for Rwanda about the genocide since 1994.  The President who has has used limitation of genocidal ideology to justify the recent arrests  has received strong support on the Internet. His supporters will probably come out in force to attend to his expected victory on August 9th. Kagame will then further establish his control over Rwanda. The question is, is it  for better or for worse ?

Wednesday, July 21, 2010

Independent probe of Rwanda politician's death urged

Independent probe of Rwanda politician's death urged

By the CNN Wire Staff

The Slain body of the Rwanda Green Party Vice President
(CNN) -- A human rights group Wednesday urged the Rwandan government to let independent experts conduct an autopsy on an opposition leader killed weeks before the election.
Andre Kagwa Rwisereka, vice president of the opposition Democratic Green Party, was found dead after he went missing on his way to a meeting in the capital, Kigali.
His body was found in a wetland area, with the head nearly severed, according to party president Frank Habineza.
Habineza said he and Rwisereka, whose service was held Tuesday, had received death threats since February.
"We are very threatened as a party and as individuals," he said. "We are scared. We are also sad about the demise of our colleague."
Human Rights Watch said police gave different explanations on the death.
We are scared. We are also sad about the demise of our colleague.
--Party president Frank Habineza
At first, authorities said he was the victim of a robbery, Human Rights Watch said. The rights group said its investigation revealed that the victim did not have any valuables on him when he was attacked.
Police later said he was killed in a financial dispute with a man who is in custody and remains a prime suspect, Human Rights Watch said.
The conflicting statements have sparked doubt and confusion, and an independent probe would confirm or dispel the different explanations, the rights group said.
"This is the second killing of an outspoken critic of the Rwandan government in less than a month," said Kenneth Roth, executive director of Human Rights Watch. "An independent autopsy and inquiry are necessary to determine what happened to Rwisereka."
Last month, Jean-Leonard Rugambage, a journalist with a local independent newspaper, was shot dead outside his home in the capital.
Earlier this year, the nation's president, Paul Kagame, hit back at critics who said opposition activists are facing increasing threats, attacks and harassment ahead of th election.
"You tend to make a judgment of a country, 11 million people, on what a couple of people have said and (they) don't take into account what Rwandans say," Kagame told CNN.
"Nobody has asked the Rwandans ... it's as if they don't matter in the eyes of the human rights people. It's our own decisions in the end."
Kagame said everyone in Rwanda has to play by the rules and be accountable.
"There has to be leadership to make things move in the right direction," the president said.
Rwanda is scheduled to hold elections next month.

Rwanda election: Calls mount for independent autopsy of slain opposition leader

The Body of a Rwandan Opposition Assassinated by  the RPF Extremists
Mr. Andree Rwisereka before being assassinated by RPF
Human Rights Watch is now calling for an independent autopsy of Democratic Green Party vice chairman Andre Kagwa Rwisereka, who was found dead earlier this month amid a crackdown on dissent in the run-up to the Aug. 9 Rwanda election.Rwanda's election season is in full swing and prominent critics of President Paul Kagame are turning up dead ahead of the Aug. 9 vote.

Are the killings politically motivated?
That possibility has United Nations Secretary-General Ban Ki-moon concerned enough that he has urged Mr. Kagame's government to conduct a full investigation into the latest death: that of Democratic Green Party vice chairman Andre Kagwa Rwisereka, who was found last week nearly decapitated.
But the New York-based advocacy group Human Rights Watch (HRW) says that an autopsy is needed after conflicting police statements have muddied the waters.
"This is the second killing of an outspoken critic of the Rwandan government in less than a month," said HRW boss Kenneth Roth, referring also to Jean-Léonard Rugambage, a journalist who was shot dead outside his home in June. "An independent autopsy and inquiry are necessary to determine what happened to Rwisereka."
At first, authorities said he was the victim of a robbery, according to HRW, which said its own investigation revealed that the victim did not have any valuables on him at the time of the attack. Then, says HRW, police later said he was killed in a financial dispute.
"A thorough independent investigation would confirm or dispel these different explanations," Mr. Roth said in a statement.

Crackdown on dissent ahead of the vote

Rwisereka was a longtime member of Kagame's Rwanda Patriotic Front (RPF), but broke ranks last year to start the Democratic Green Party with other disaffected RPF members. His killing comes amid a crackdown on the opposition and sporadic acts of violence – including mysterious grenade attacks – in recent months. Rwanda specialists say a power struggle for control of the RPF is under way and that Kagame is seeking to quash the minirebellion within his ranks.
Rwisereka explained his rationale for splitting with Kagame to the BBC in October 2009.
"It is time for people to act to bring about changes, as the RPF is incapable of having an internal revolution. So it has to accept that others come to its aid," he said. "A party that does not renew itself, from the point of view of its ideas, ends up falling. All the parties you have known which have worked with dictatorship, where are they now? "
As the Monitor reported last month, South African police were treating the attempted murder of former Rwandan Army chief Lt. Gen. Faustin Kayumba Nyamwasa – a longtime Kagame ally who fled Rwanda in February after Kagame's government accused him of launching grenade attacks – as an assassination attempt.
Kagame's government has also recently banned two independent newspapers, denied an HRW researcher a visa, and, in April, arrested Kagame’s chief opponent in the presidential elections, Victoire Ingabire, for “genocide denial.”

Kagame shrugs off criticism

Kagame has long dismissed such criticism and reiterated his stance on Wednesday.
"The elections will be free, fair, and stable," Kagame told reporters. "If people in Rwanda decide that I shouldn't continue to lead, I would respect it humbly, 110 percent."
If Kagame wins, as he is once again widely expected to, Kagame said he will continue to boost the economy with pro-business policies that have been lauded worldwide.
As for why the opposition is so weak: That's not his problem, suggested Kagame.
"My job has not been to create an opposition," he said. "My job is to create the environment where legitimate things can happen."
Now, for extra credit, define legitimate.
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Monday, July 12, 2010

Rwanda president Paul Kagame tiptoes around democracy

Gwynne Dyer: Rwanda president Paul Kagame tiptoes around democracy
By Gwynne Dyer

First Published by Straight.com
Rwanda president Paul Kagame will not risk real democracy, despite a remarkable economic growth rate of 11 percent last year.

Did Paul Kagame really stop the genocide in Rwanda 16 years ago, or did he just interrupt it for a while?

That question frightens him so much that he will not risk everything on the outcome of a democratic election.

Kagame is running for reelection to the presidency of the traumatised central African country next month. If economic success automatically brought political success, he would be a shoo-in: Rwanda’s economy grew by 11 percent last year.

But in fact, his resounding election victory in 2003 was the result of ruthless manipulation, and this one will be the same.

In recent months, opposition party leaders in Rwanda have been arrested and charged with denying the genocide.

An opposition newspaper was banned and its co-editors attacked. (One died, one survived.)

Leading generals in the Rwandan army have been arrested or have fled into exile. (One was wounded last month in an attempted hit in South Africa.)

So is Kagame over-reacting? Maybe.

If you cut Kagame open, you would find engraved on his heart William Faulkner’s terrible truth: “The past is never dead. It’s not even past.”

One-tenth of Rwanda’s population–at least 800,000 people, Tutsis and those who tried to protect them–were murdered by their neighbours, mostly with machetes, only sixteen years ago.

Not nearly enough time has passed yet for generational turnover to take the edge off the grief and the hate. Everybody pretends it’s over, but of course it isn’t. How could it be?

Kagame’s whole life has been shaped by genocide. He grew up in Uganda, where his parents fled when an earlier wave of violence killed about 100,000 Tutsis in Rwanda in the early 1960s.

He became the leader of the Rwandan Patriotic Front, a mainly Tutsi exile organisation dedicated to overthrowing the Hutu extremists who ruled the country, and he led the RPF army that marched in to stop the great genocide of 1994.

He knows, of course, that Tutsis and Hutus are not really separate ethnic groups.

All of Rwanda’s 19 major clans includes both Tutsis and Hutus. They speak the same language and they live in the same villages.

The term once distinguished cattle-herders from farmers, and later the wealthy from the poor. Rich Hutus could become Tutsis–but the Tutsis naturally always remained a minority of the population.

He also knows, however, that the colonial authorities exploited those class differences and gave the Tutsis political authority over the Hutus in return for their loyalty.

By the later 20th century the Tutsis and Hutus had become ethnic groups for all practical purposes, with a constant undercurrent of resentment by the Hutus against the Tutsis.

After independence in 1960, the killing got underway very quickly. It peaked in 1994.

This past will not leave Rwanda alone. The very words “Tutsi” and “Hutu” have now been banned in Rwanda, but a ministerial investigation in 2008 found anti-Tutsi graffiti and harassment of Tutsi students in most of the schools that were visited.

The army is exclusively Tutsi and the government almost entirely so, because Kagame does not really believe that this generation of Hutus can be trusted.

To make his position even more precarious, Tutsi solidarity is breaking down.

The arrests, exile and attempted assassination of various generals may be in response to real plots.

Most Tutsi generals belong to the Nyiginya clan, which traditionally provided the country’s king. Kagame is from the Umwega clan, and some of the Nyiginya think that power has remained in the wrong hands for too long.

It is an awful situation, and Kagame has only one strategy for avoiding a return to genocide: hang on to power, and hope that rapid economic growth and the passage of time will eventually blur the identities and blunt the reflexes that have made this generation of Rwandans so dangerous to one another.

His model is Singapore, an ethnically complex state that avoided too much democracy during the early decades of its dash for growth.

If Rwanda could become the Singapore of central Africa, then maybe its citizens would eventually come to believe that their stake in the country’s new stability and prosperity was more important than the history.

But Singapore did not have so far to travel, and its history was not drowned in blood.

The logic of Kagame’s strategy obliges him to stay in power: his first duty is to Rwanda’s Tutsis, at least half of whom have already been murdered.

But he must provide prosperity to the Hutu majority too, in order to reconcile them to Tutsi survival, and his relatively corruption-free government has made impressive progress towards that goal.

Nevertheless, in a free election, most Rwandans would vote along ethnic lines.

His Rwandan Patriotic Front would instantly be replaced by a Hutu-led regime of unknowable character and purpose. He dares not risk it, so real democracy is not an option.

If Kagame is now killing opposition journalists and dissident generals, then he is making a dreadful and probably fatal mistake, but it may not be him.

In the ruthlessly Machiavellian world of Rwandan politics, other possibilities also exist. Either way, he has the loneliest, scariest job in the world, and he must know that the odds are long against him.

The new edition of Gwynne Dyer's latest book, Climate Wars, has just been published in Canada by Random House.

Thursday, June 3, 2010

Le dangereux métier d’avocat devant une cour internationale

Au coeur des enjeux, le crime d’agression | Accueil
03 juin 2010
Le dangereux métier d’avocat devant une cour internationale

Parmi les ONG présentes à la Conférence de Kampala, le Barreau pénal international s’inquiète depuis quelques jours du sort d’un de ses membres, l’avocat américain Peter Erlinder, arrêté vendredi dernier 28 mai à Kigali (Rwanda).

Peter Erlinder est le président de l’association des avocats de la défense au Tribunal pénal international pour le Rwanda, un des “ancêtres” de la CPI. Il défend donc des personnes accusées d’avoir participé au génocide de 1994. Il venait d’arriver au Rwanda pour défendre Victoire Ingabire Umuhoza, candidate aux prochaines élections présidentielles, elle-même poursuivie par la justice rwandaise.

Les autorités rwandaises accusent Peter Erlinder de négation et occultation du génocide.

Les organisations d’avocats réclament sa libération. Le Barreau de Paris a adopté une motion en sa faveur, qui déclare “inadmissible le fait qu’un avocat puisse être arrêté et emprisonné dans l’exercice de ses fonctions”. L’Association internationale des avocats de la défense a rappelé de son côté qu’”un avocat dans l’exécution de son mandat doit être à l’abri de toute crainte pour sa sécurité” si l’on veut garantir l’état de droit.

Le fait est qu’au-delà de la liberté d’un homme, c’est en réalité le droit fondamental à un procès équitable qui est remis en cause si l’avocat d’une personne poursuivie peut-être poursuivi à son tour pour l’avoir défendue. Devant les juridictions internationales, les affaires jugées (génocide, crimes contre l’humanité, crimes de guerre) sont toujours extrêmement lourdes, au carrefour de la violence extrême et de la politique. Le sort réservé à Peter Erlinder montre que la fonction d’avocat peut en devenir d’autant plus risquée

Sunday, May 30, 2010

Peter Erlinder Jailed by One of the Major Genocidaires of Our Era

Peter Erlinder Jailed by One of the Major Genocidaires of Our Era
by Edward S. Herman and David Peterson1

The May 28 arrest of the U.S. attorney Peter Erlinder by the Paul Kagame dictatorship in Rwanda reveals much about this regime that is routinely sanitized in establishment U.S. and Western intellectual life and media coverage. But if we use Erlinder's arrest to call attention to some less well-known facts, a much grimmer scenario about Kagame than as a "man of the hour in modern Africa," who "offers such encouraging hope for the continent's future" (Stephen Kinzer),2 comes to light.

For one thing, Kagame does not like free elections, and he has avoided or emasculated them assiduously. Erlinder arrived in Kigali on May 23 to take up the legal representation of Victoire Ingabire, a Hutu expatriate who had spent the past 16 years in the Netherlands, but who immediately upon her return to Rwanda in January was regarded as the leading opposition figure, though her United Democratic Forces hadn't been able to register as an official party. The Kagame regime arrested her on April 21, and charged her with "association with a terrorist group; propagating genocide ideology; negationism and ethnic divisionism."3 As 2010 is an election year in Rwanda (now scheduled for August 9), this should help Kagame once again to avoid any meaningful electoral contest.

In 2003, Rwanda's last election year, opposition parties, candidates, and media not only weren't welcomed, they wound up harassed, shut-down, arrested, exiled, and disappeared. In 2002, Kagame's main rival at the time, a Hutu and former President Pasteur Bizimungu, was arrested and charged with "divisionism," a kind of Kagame-speak that means to provide political choices other than the one-party Kagame dictatorship. In 2003, the Hutu former Prime Minister Faustin Twagiramungu was permitted onto the presidential ballot but prevented from campaigning, and his Democratic Republic Movement (MDR) banned altogether; he and his MDR were also accused of "divisionism."

The official August 25 presidential vote that year reported 94% for Kagame. In a country whose population then, as now, as at the start of 1994, was majority Hutu by roughly a 6-to-1 margin over the Tutsi, only Kagame's intimidation and repression of Rwanda's civil society, and his election-rigging, could have produced a result like this. Thus when Peter Erlinder spoke in late April about the arrest of Victoire Ingabire as a "carbon-copy of Kagame's tactics in 2003, when all serious political challengers were jailed or driven from the country," and when he likened the charges against her (and now against himself as well) to "trumped-up political thought-crimes . . . arising from the 'crime' of publicly objecting to the Kagame military dictatorship and Kagame's version of Rwandan civil war history,"4 this was what he meant.

The Arusha Accords of August 1993 had stipulated that national elections be held in Rwanda by no later than 1995, but this was precluded by the military takeover of Rwanda by Kagame and his Rwandan Patriotic Front (RPF) in April-July 1994, which allowed the minority Tutsi faction (less than 15 percent) to seize power by force.

The allegation of "genocide denial" has been an important instrument of Kagame's rule, with potentially rival politicians, or in fact any Kagame target, so accused and pushed out of the way. According to news accounts during the first 24 hours after his arrest, Erlinder, a lead defense counsel before the International Criminal Tribunal for Rwanda and a former president of the National Lawyers Guild in New York, "is being charged with denying the Rwandan genocide and was being interrogated . . . at police headquarters in the capital, Kigali. . . . A police spokesman, Eric Kayingare, said that Mr. Erlinder was accused of 'denying the genocide' and 'negationism' from statements he had made at the tribunal in Arusha, as well as 'in his books, in publications'."5 Martin Ngoga, the Prosecutor General of the Kagame regime, told Agence France Presse that Erlinder "denies the genocide in his writings and his speeches. Worse than that, he has become an organizer of genocide deniers. If negating [the Tutsi genocide] is not punished in [the United States,] it is punished in Rwanda. And when he came here he knew that."6

Under Rwanda's 2003 Constitution,7 the "State of Rwanda commits itself to conform to the following fundamental principles and to promote and enforce the respect thereof," foremost of which is "fighting the ideology of genocide and all its manifestations" (Article 9). "Revisionism, negationism and trivialisation of genocide are punishable by the law" (Article 13). The Rwandan State is so conscious of the political usefulness of "genocide" that its Constitution even creates a National Commission For the Fight Against Genocide (Article 179).

Of course, this is straight out of Kafka, as a compelling case can be made that Kagame and his RPF were the major genocidaires in Rwanda and, in alliance with Uganda's Yoweri Museveni dictatorship, both under U.S. and U.K. protection, have extended and enlarged their genocidal operations to the neighboring Democratic Republic of Congo. Peter Erlinder has never denied the fact that mass-atrocity crimes and even genocide were committed in Rwanda, much less that a large number of Tutsi were slaughtered. But he has shown, with carefully gathered documentary evidence, that an even larger number of Hutu were also slaughtered there, and that Kagame and the RPF were the initiators and main perpetrators of these mass killings. This, ultimately, is what the charge of "denying the genocide" really means: Like a growing body of researchers, Erlinder rejects the version of the "Rwandan genocide" long since institutionalized within U.S.-, Western-, and RPF-establishment circles.

One of Erlinder's notable documentary discoveries is an internal memorandum drafted in September 1994 for the eyes of then-U.S. Secretary of State Warren Christopher, in which it was reported that a UN team on the ground in Rwanda "concluded that a pattern of killing had emerged" there, the "[RPF] and Tutsi civilian surrogates [killing] 10,000 or more Hutu civilians per month, with the [RPF] accounting for 95% of the killing." This memorandum added that the UN team "speculated that the purpose of the killing was a campaign of ethnic cleansing intended to clear certain areas in the south of Rwanda for Tutsi habitation. The killings also served to reduce the population of Hutu males and discouraged refugees from returning to claim their lands."8

We may recall that the reported (but contested9) massacre of 8,000 military-aged men at Srebrenica in July 1995 led to genocide charges, imprisonment of many Serb officials and military personnel, and huge indignation in the West. Yet, here is an internal U.S. document alleging "10,000 or more Hutu civilians" butchered per month by Kagame's forces to cleanse the ground for Tutsi resettlement -- and not only is the leading butcher not imprisoned, but his regime continues to bathe in Western support and adulation, and can get away with charging the man who helped expose his crimes with "genocide denial"!

Consider also the five following material facts:

1. The "triggering event" in the mass killings known as the "Rwandan genocide" was the shooting down of the Falcon-50 jet carrying then-Rwandan President Juvenal Habyarimana, then-Burundian President Cyprien Ntaryamira, and ten others on its approach to the Kanombe International Airport in Kigali on the evening of April 6, 1994. It is now conclusively established that these political assassinations were carried out by Kagame's forces. When ICTR investigator Michael Hourigan had assembled compelling evidence showing this, then-ICTR Chief Prosecutor Louise Arbour quashed his investigation on orders from U.S. officials. This official line of inquiry has been suppressed ever since, though it was amplified and confirmed by the French magistrate Jean-Louis Bruguière, whose own inquiry concluded in late 2006 that Kagame and the RPF, fully aware that they would lose the elections scheduled by the Arusha Accords due to the overwhelming majority enjoyed by the Hutu in the country, opted for the "physical elimination" of Habyarimana and reopening their assault on the Rwandan government to achieve their goal of an RPF-takeover of the country.10 Although three consecutive U.S. presidential administrations (Clinton's, Bush's, and Obama's) and the establishment U.S. media have been wonderfully cooperative in keeping crucial evidence such as this on the "genocide" out of public sight, the work of Peter Erlinder and his colleagues has been important in the struggle to counter the Western party-line.

2. The important U.S. analysts Christian Davenport and Allan Stam also concluded that more Hutu than Tutsi were killed during the period of the "Rwandan genocide" (April-July, 1994), and that killings on the ground in Rwanda actually "surged" in each area attacked by Kagame's RPF.11

3. Allan Stam, a former Special Forces soldier as well as an academician, has pointed out that the Kagame-RFP military offensive following the "triggering event" of the "Rwandan genocide" (i.e., the shootdown of the Falcon-50 jet) were closely modeled on the U.S. ground invasion of Iraq during the first Gulf War, and that Kagame's forces went into mass action within one hour of this event.12 (Kagame actually studied at Fort Leavenworth in the United States, and was apparently a quick learner.)

4. Both before and during the "Rwandan genocide," the United States pressed for the reduction of UN troops in Rwanda. The Rwandan government urged more UN troops,13 but the presence of a larger contingent of UN troops on the ground clearly would have interfered with Kagame's well-planned and executed military operations. This points up the likelihood that any pre-planned, organized mass killings were dominated by Kagame's RPF, and that the U.S. government supported it.

5. Kagame's forces established control of Rwanda within one hundred days of the triggering event. This is not consistent with the notion that his was an unplanned defensive reaction and that his ethnic group, the minority Tutsi, was the main victim.

Paul Kagame has used the excuse of pursuing "genocidaires" to justify his regular invasions of the Congo. The casualties in these operations, coordinated with fellow dictator Yoweri Museveni, have run into the millions. We believe that Kagame has far outstripped Idi Amin as a mass killer (Amin's killings are estimated at 100,000-300,000, whereas Kagame's surely run well over a million civilians). But Kagame is servicing establishment U.S. and Western interests, and for the past 20 years has therefore received a free pass to rob and kill.

And all the while, Kagame has ridden the wave of fighting against "genocide denial"! Hopefully, he has gone too far in using that Kafkaesque gimmick against Peter Erlinder, a notable fighter against both actual genocide and genocide denial.



Endnotes

1 For a much more comprehensive development of the themes discussed here, see Edward S. Herman and David Peterson, "Rwanda and the Democratic Republic of Congo in the Propaganda System," Monthly Review 60, May, 2010. Also see Herman and Peterson, The Politics of Genocide (New York: Monthly Review Press, 2010).

2 Quoting Kinzer's hagiographic words in A Thousand Hills: Rwanda's Rebirth and the Man Who Dreamed It (Hoboken, NJ: John Wiley & Sons, 2008), 337.

3 "Rwanda Opposition Chief Held for 'Genocide Denial'," Agence France Presse, April 21, 2010.

4 Peter Erlinder quoted in "U.S. Lawyer to Defend Victoire Ingabire: First Female Presidential Candidate in Rwanda -- Jailed by President/Gen. Paul Kagame," News Advisory, International Humanitarian Law Institute, April 23, 2010 (as posted to the BayView website).

5 Josh Kron and Jeffrey Gettleman, "American Lawyer for Opposition Figure Is Arrested in Rwanda," New York Times, May 29, 2010.

6 "Rwanda Arrests U.S. Lawyer Defending Opposition Figure," Agence France Presse, May 28, 2010.

7 See Constitution of the Republic of Rwanda, June 4, 2003, and its Amendments, as posted to the website of the Rwandan Ministry of Defense. Here we note that the word 'genocide' appears no fewer than 14 different times in Rwanda's approx. 16,400-word-long Constitution.

8 George E. Moose, "Human Rights Abuses in Rwanda," Information Memorandum to The Secretary, U.S. Department of State, undated though clearly drafted between September 17 and 20, 1994. This document is archived at the Rwanda Documents Project at William Mitchell College of Law, St. Paul, Minnesota, ICTR Military-1 Exhibit, DNT 264.

9 See Edward S. Herman and David Peterson, "The Dismantling of Yugoslavia," Monthly Review 59, October, 2007, esp. Sect. 5 and Sect. 6, 19-26.

10 See Jean-Louis Bruguière, Request for the Issuance of International Arrest Warrants, Tribunal de Grande Instance, Paris, France, November 21, 2006, 15-16 (para. 100-103).

11 See Christian Davenport and Allan Stam, Rwandan Political Violence in Space and Time, unpublished manuscript, 2004 (available at Christian Davenport's personal website > "Project Writings"); and Christian Davenport and Allan C. Stam, "What Really Happened in Rwanda?" Miller-McCune, October 6, 2009.

12 See Allan C. Stam, "Coming to a New Understanding of the Rwanda Genocide," a lecture before the Gerald R. Ford School of Public Policy, University of Michigan, February 18, 2009. Beginning at approx. the 22:47 mark, Stam explains: "Now, moments later, the RPF -- literally moments, somewhere between 60 and 120 minutes after his plane is shot down, the RPF invades. Now, we could characterize this invasion as, 'Wow, a spontaneous reaction to go in and defend our allies'. The problem is, this invasion looks staggeringly like the United States' invasion of Iraq in 1991. It has exactly the same features. There is a central drive in this case due south towards Kigali, very much like the central drive towards Baghdad. There is the sweeping left-hook -- but in this case because the map is reversed there is the sweeping right-hook. This is a plan that was not worked out on the back of an envelope. Fifty-thousand soldiers move into action on two fronts, in a coordinated fashion, 'spontaneously'? Tsk."

13 In the words of Rwandan UN Ambassador Jean-Damascène Bizimana: "[T]he international community does not seem to have acted in an appropriate manner to reply to the anguished appeal of the people of Rwanda. This question has often been examined from the point of view of the ways and means to withdraw [UNAMIR], without seeking to give the appropriate weight to the concern of those who have always believed, rightly, that, in view of the security situation now prevailing in Rwanda, UNAMIR's members should be increased to enable it to contribute to the re-establishment of the cease-fire and to assist in the establishment of security conditions that could bring an end to the violence. . . . The option chosen by the Council, reducing the number of troops in UNAMIR. . . , is not a proper response to this crisis. . . ." See "The situation concerning Rwanda," UN Security Council (S/PV.3368), April 21, 1994, 6.
Edward S. Herman is professor emeritus of finance at the Wharton School, University of Pennsylvania and has written extensively on economics, political economy, and the media. Among his books are Corporate Control, Corporate Power (Cambridge University Press, 1981), The Real Terror Network (South End Press, 1982), and, with Noam Chomsky, The Political Economy of Human Rights (South End Press, 1979), and Manufacturing Consent (Pantheon, 2002). David Peterson is an independent journalist and researcher based in Chicago. Herman and Peterson are co-authors of The Politics of Genocide (New York: Monthly Review Press, 2010). Comments (3) | Print
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Friday, May 28, 2010

A Vigorous Legal Advocate Arrested in Rwanda

Vigorous Legal Advocate Arrested in Rwanda
National Lawyers Guild Demands Immediate Release of Attorney Peter Erlinder

New York -- The National Lawyers Guild (NLG) demands the immediate release of its former president, Professor Peter Erlinder, whom Rwandan Police arrested early today on charges of "genocide ideology." He had traveled to Rwanda's capital, Kigali, on May 23, to join the defense team of Rwandan presidential candidate Victoire Ingabire Umuhoza. Erlinder is reportedly being interrogated at the Rwandan Police Force's Kacyiru headquarters.

"Professor Erlinder has been acting in the best tradition of the legal profession and has been a vigorous advocate in his representation of Umuhoza. 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. The entire National Lawyers Guild is honored by his membership and his courageous advocacy," said David Gespass, the Guild's president.

Erlinder traveled to Kigali after attending the Second International Criminal Defense Lawyers' Conference in Brussels. Since his arrival in Kigali, the state-sponsored Rwandan media has been highly critical of Erlinder.

The Rwandan Parliament adopted the "Law Relating to the Punishment of the Crime of Genocide Ideology" (Genocide Ideology Law), on July 23, 2008. It defines genocide ideology broadly, requires no link to any genocidal act, and can be used to include a wide range of legitimate forms of expression, prohibiting speech protected by international conventions such as the Genocide Convention of 1948 and the International Covenant on Civil and Political Rights 1966.

Sarah Erlinder, Arizona attorney and NLG member said, "My father has made a career defending unpopular people and unpopular speech -- and is now being held because of his representation of unpopular clients and analysis of an historical narrative that the Kagame regime considers inconvenient. We can help defend his rights now by drawing U.S. government and media attention to his situation and holding the Rwandan government accountable for his well-being."

Before leaving for Brussels and then Kigali, Professor Erlinder notified the U.S. State Department, his Minnesota Congressional Representative Betty McCullom, Representative Keith Ellison, and Minnesota Senators Al Franken and Minnesota Senator Amy Klobuchar.

Professor Erlinder is a professor of law at the William Mitchell College of Law. He is a frequent litigator and consultant, often pro bono, in cases involving the death penalty, civil rights, claims of government and police misconduct, and criminal defense of political activists. He is also a frequent news commentator. Erlinder was president of the National Lawyers Guild from 1993-1997, and is a current board member of the NLG Foundation. He has been a defense attorney at the UN International Criminal Tribunal for Rwanda since 2003.

The National Lawyers Guild, founded in 1937, is the oldest and largest public interest/human rights bar organization in the United States. Its headquarters are in New York and it has chapters in every state.

Call and demand the immediate release of Professor Peter Erlinder:

Senator Al Franken
(202) 224-5641
Or send an email at franken.senate.gov/contact/

Senator Amy Klobuchar
202-224-3244
Fax: 202-228-2186
Or send an email at klobuchar.senate.gov/emailamy.cfm

Representative Keith Ellison
202-225-4755
Or send an email at forms.house.gov/ellison/webforms/issue_subscribe.htm

Representative Betty McCullom
(202) 225-6631
Fax: (202) 225-1968
Or send an email at forms.house.gov/mccollum/webforms/issue_subscribe.htm
For more information, contact: National Lawyers Guild (NLG); David Gespass, 205-566-2530; Heidi Boghosian, 917-239-4999. Comments (0) | Print
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Rwanda Opposition Head Calls August Vote "Sham"

Rwanda Opposition Head Calls August Vote "Sham"
By Norman S. Miwambo

Even as the U.S. Department of State continues to urge the Kigali regime to lift press restrictions and ensure that the Presidential elections in August be carried out smoothly, the leader of a newly-formed opposition political party says the voting will be a sham unless it's postponed to address major concerns.

“We are now trying to send our clear message to the international community to support us so that the elections that are supposed,” John Kalulanga, the interim leader of the recently structured Rwanda People Party-Imvura (RPP-Imvura), said in an interview with The Black Star News.

“Many things are happening in Rwanda and not reported at-all because of the media restrictions.” He says his party welcomes Rwandans of all ethnic background.

"Presidential elections are scheduled to be held this year, but opposition parties have been prevented or obstructed from any meaningful participation. Many have been arrested and it seems the government wants a situation where the current president stands un-opposed,” he said.

He says with the spate of recent several bombings in Kigali, the capital, the country is rife with rumors of an impending military takeover. The interview was conducted in London at The Marriott Hotel-London.

An official at the Rwanda embassy in London, who identified himself as David Ruvubi said the ambassador was attending meetings and unavailable to comment. “We have not refused to comment, but we want to read the article first,” he said.

Separately, Andy Laney, a spokesman from the U.S. State Department, told The Black Star News: "We are concerned by the recent actions by the government of Rwanda to restrict freedom of expression in advance of the election. We have relayed our concerns We will continue to urge the government of Rwanda to allow all international and domestic NGOs and media outlets to operate and report freely We urge the government of Rwanda and regional partners to work together to achieve the free, fair
and peaceful elections that the people of Rwanda deserve."

After being lauded by Western countries shortly after his Rwanda Patriotic Front (RPF) seized power in 1994, Rwanda's president, Paul Kagame, in recent months has been battered with criticism: His government has clamped down on independent media and opposition political figures, preventing political parties to register for the elections. A candidate who is believed to present him with a realistic threat at the polls, Ms. Victoire Ingabire Umuhoza remains under house arrest in Rwanda. The government has claimed she is linked to rebels associated with the 1994 genocide.

Kagame had been credited by Western governments for halting the 1994 killings of an estimated one million Rwandans, mostly of the Tutsi ethnicity. Some critics contend the RPF also committed massacres and have never been brought to account by the Western powers.

Kalulanga, who is also ethnic Tutsi, as with Kagame, also grew up in Uganda, like many Tutsi refugees. He says while Kagame preaches reconciliation, his actions have only increased tensions between Rwanda's ethnic groups. "There is nothing Mr. Kagame can do for Rwanda even if mandated for another seven years," Kalulanga said.

"He failed to unite the country for the past 16 years; instead he has divided the people of Rwanda so badly.” Kalulanga adds: “Not everyone who is fleeing Rwanda is a Hutu. Many who are running away are Tutsi because the current regime is repeating the same mistake that led to the 1994 and previous genocides.”

In recent months a top Kagame generals have fled the country. In February this year, a former Army Chief and Ambassador to India, Lt. Gen. Kayumba Nyamwasa fled to South Africa where the government there refused to extradite him. The country's former spy Chief Patrick Kalegeya fled in 2007.

Kalulanga says President Kagame has become just as intolerant of opposition voices as were previous president, including Grégoire Kayibanda and Juvénal Habyarimana, whose assassination sparked the mass killings of 1994. Kayibanda was toppled in a coup staged by Habyarimana and died in detention shortly after.

Forcing Rwandans into exile has always led to further conflict Kalulanga said. “Unfortunately President Kagame and his government have made it impossible for us to return home,” he said. "It gives no pleasure at all to put My Kagame in the same basket as My Kayibanda and Mr. Habyarimana, and all other dictators in Africa who have ruined Africa and left a legacy
of shame and permanently engulfed our people in darkness and hopelessness.

This is not too much to ask even at this late stage."

He claims the best thing Kagame could do for Rwanda to quit politics.“We don’t want to see Kagame going into exile, we want to see him stepping down, he has no fresh ideas for the country.”

He says not only Hutus, the ethnic majority, are discriminated against: “The atmosphere here is not different from that of 16 years ago. Rwanda is a police state where people live in extreme poverty and fear. The state is run like a family business; there is widespread discrimination against Tutsi returnees sometimes based on their country of past asylum.”

Other top Rwandans who have fled since last year include: Theoneste Musindashaka, Senator Stanley Safari, Lt. Col. Sam Baguma, Capt. Eliphaz Ndikuyezu, Capt. Claude Bizimungu, Capt. John Wuwintari, Capt. John-Bosco Muhizi, Capt. Theobal Gakumba, Capt. John Ontabuka and Jean Pierre Kagubare.

Kalulanga said the government classifies anyone who opposes the regime with the 1994 genocide. “There are hundreds of Rwandese fleeing Kagame’s oppressive regime for sanctuaries in neighboring countries and other countries most of whom are in Europe, and US."

"A climate of paranoia has enveloped the country to an extent neighbors are encouraged to spy on each other, just like members of families are encouraged to do the same,” Kalulanga said. “The media today remain completely muzzled and freedom of expression, a fundamental human right is virtually non-existent.”

President Kagame has denied there is press repression in Rwanda.

Miwambo writes for The Black Star News from Europe

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

ICTR ADAD Demands Release of Peter Erlinder

28 May, 2010
ICTR ADAD Demands Release of Peter Erlinder
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ADAD
Press Release
28 May 2010

According to available information, Professor Peter Erlinder, a Defence attorney at the ICTR, and Professor of Law at William Mitchell College of Law in the United States, was arrested on 28 May in Kigali on the charge of “denying genocide” (genocidal ideology).

Professor Erlinder is in Kigali this week, acting on behalf of his client, Ms. Victoire Ingabire Umuhoza, who is trying to oppose President Kagame in the upcoming August presidential elections, and who has also been charged with “denying genocide.”

Professor Erlinder is Lead Counsel for Major Aloys Ntabakuze in the “Military I” case at the ICTR. He is also one of the organizers of the successful ICTR Defence Conference, held in Brussels, Belgium last weekend.

He is the current President of the ADAD, the ICTR Defense Counsel organization.

We urge all individuals and organizations to urgently contact the Rwandan government, the U.S. Government and others to:


a) Demand the immediate release of Professor Peter Erlinder;

b) Demand Professor Erlinder’s immediate access to counsel;

c) Urge the Rwandan government to drop these fabricated and baseless charges against Professor Erlinder.


Signed: Ad Hoc Organizing Committee for Brussels Conference

National Lawyers Guild Demands Immediate Release of Attorney Peter Erlinder Vigorous Legal Advocate Arrested in Rwanda

FOR IMMEDIATE RELEASE
May 28, 2010
1:07 PM


CONTACT: National Lawyers Guild (NLG)
David Gespass, 205-566-2530

Heidi Boghosian, 917-239-4999


National Lawyers Guild Demands Immediate Release of Attorney Peter Erlinder
Vigorous Legal Advocate Arrested in Rwanda

NEW YORK - May 28 - The National Lawyers Guild (NLG) demands the immediate release of its former president, Professor Peter Erlinder, whom Rwandan Police arrested early today on charges of "genocide ideology." He had traveled to Rwanda's capital, Kigali, on May 23, to join the defense team of Rwandan presidential candidate Victoire Ingabire Umuhoza. Erlinder is reportedly being interrogated at the Rwandan Police Force's Kacyiru headquarters.

"Professor Erlinder has been acting in the best tradition of the legal profession and has been a vigorous advocate in his representation of Umuhoza. 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. The entire National Lawyers Guild is honored by his membership and his courageous advocacy," said David Gespass, the Guild's president.

Erlinder traveled to Kigali after attending the Second International Criminal Defense Lawyers' Conference in Brussels. Since his arrival in Kigali, the state-sponsored Rwandan media has been highly critical of Erlinder.

The Rwandan Parliament adopted the "Law Relating to the Punishment of the Crime of Genocide Ideology" (Genocide Ideology Law), on July 23, 2008. It defines genocide ideology broadly, requires no link to any genocidal act, and can be used to include a wide range of legitimate forms of expression, prohibiting speech protected by international conventions such as the Genocide Convention of 1948 and the International Covenant on Civil and Political Rights 1966.

Sarah Erlinder, Arizona attorney and NLG member said, "My father has made a career defending unpopular people and unpopular speech-and is now being held because of his representation of unpopular clients and analysis of an historical narrative that the Kagame regime considers inconvenient. We can help defend his rights now by drawing U.S. government and media attention to his situation and holding the Rwandan government accountable for his well-being."

Before leaving for Brussels and then Kigali, Professor Erlinder notified the U.S. State Department, his Minnesota Congressional Representative Betty McCullom, Representative Keith Ellison, and Minnesota Senators Al Franken and Minnesota Senator Amy Klobuchar.

Professor Erlinder is a professor of law at the William Mitchell College of Law. He is a frequent litigator and consultant, often pro bono, in cases involving the death penalty, civil rights, claims of government and police misconduct, and criminal defense of political activists. He is also a frequent news commentator. Erlinder was president of the National Lawyers Guild from 1993-1997, and is a current board member of the NLG Foundation. He has been a defense attorney at the UN International Criminal Tribunal for Rwanda since 2003.
###

The National Lawyers Guild is dedicated to the need for basic and progressive change in the structure of our political and economic system. Through its members--lawyers, law students, jailhouse lawyers and legal workers united in chapters and committees--the Guild works locally, nationally and internationally as an effective political and social force in the service of the people.
National Lawyers Guild (NLG) Links:

* Home

National Lawyers Guild Demands Immediate Release of Attorney Peter Erlinder Vigorous Legal Advocate Arrested in Rwanda

FOR IMMEDIATE RELEASE
May 28, 2010
1:07 PM


CONTACT: National Lawyers Guild (NLG)
David Gespass, 205-566-2530

Heidi Boghosian, 917-239-4999


National Lawyers Guild Demands Immediate Release of Attorney Peter Erlinder
Vigorous Legal Advocate Arrested in Rwanda

NEW YORK - May 28 - The National Lawyers Guild (NLG) demands the immediate release of its former president, Professor Peter Erlinder, whom Rwandan Police arrested early today on charges of "genocide ideology." He had traveled to Rwanda's capital, Kigali, on May 23, to join the defense team of Rwandan presidential candidate Victoire Ingabire Umuhoza. Erlinder is reportedly being interrogated at the Rwandan Police Force's Kacyiru headquarters.

"Professor Erlinder has been acting in the best tradition of the legal profession and has been a vigorous advocate in his representation of Umuhoza. 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. The entire National Lawyers Guild is honored by his membership and his courageous advocacy," said David Gespass, the Guild's president.

Erlinder traveled to Kigali after attending the Second International Criminal Defense Lawyers' Conference in Brussels. Since his arrival in Kigali, the state-sponsored Rwandan media has been highly critical of Erlinder.

The Rwandan Parliament adopted the "Law Relating to the Punishment of the Crime of Genocide Ideology" (Genocide Ideology Law), on July 23, 2008. It defines genocide ideology broadly, requires no link to any genocidal act, and can be used to include a wide range of legitimate forms of expression, prohibiting speech protected by international conventions such as the Genocide Convention of 1948 and the International Covenant on Civil and Political Rights 1966.

Sarah Erlinder, Arizona attorney and NLG member said, "My father has made a career defending unpopular people and unpopular speech-and is now being held because of his representation of unpopular clients and analysis of an historical narrative that the Kagame regime considers inconvenient. We can help defend his rights now by drawing U.S. government and media attention to his situation and holding the Rwandan government accountable for his well-being."

Before leaving for Brussels and then Kigali, Professor Erlinder notified the U.S. State Department, his Minnesota Congressional Representative Betty McCullom, Representative Keith Ellison, and Minnesota Senators Al Franken and Minnesota Senator Amy Klobuchar.

Professor Erlinder is a professor of law at the William Mitchell College of Law. He is a frequent litigator and consultant, often pro bono, in cases involving the death penalty, civil rights, claims of government and police misconduct, and criminal defense of political activists. He is also a frequent news commentator. Erlinder was president of the National Lawyers Guild from 1993-1997, and is a current board member of the NLG Foundation. He has been a defense attorney at the UN International Criminal Tribunal for Rwanda since 2003.
###

The National Lawyers Guild is dedicated to the need for basic and progressive change in the structure of our political and economic system. Through its members--lawyers, law students, jailhouse lawyers and legal workers united in chapters and committees--the Guild works locally, nationally and internationally as an effective political and social force in the service of the people.
National Lawyers Guild (NLG) Links:

Rwanda arrests Ingabire's American lawyer Erlinder in Kigali

Rwandan Police have arrested Peter Erlinder, the American lawyer who traveled to Rwanda's capitol, Kigali, on Monday, May 23rd, to join the defense team of Rwandan presidential candidate Victoire Ingabire Umuhoza.
Ingabire was released after being summoned to a Rwandan police station yesterday, much to the relief of her supporters, but this morning both she and the Rwanda News Agency (RNA) reported that Erlinder had been arrested and charged with "genocide ideology," a crime unique to Rwanda which Human Rights Watch, Amnesty International, and even the U.S. State Department have denounced as a tool of political repression.
Erlinder, a prominent critic of Rwandan President Paul Kagame's regime, and of the received history of the Rwanda Genocide, had traveled to Kigali after attending the Second Intetnational Criminal Defense Lawyers' Conference in Brussels.
State run Rwandan media have attacked Erlinder since his arrival and the Rwandan News Agency report that he is now in custody and being interrogated at the Rwandan Police Force’s Kacyiru headquarters.
The RNA also reports that the American embassy in Kigali have taken up the matter, but it is not yet clear in what form. The Embassy is located just meters away from the police headquarters.
Before leaving for Bruxelles and then Kigali, Erlinder notified the U.S. State Department, his Minnesota Congressional Representative Keith Ellison, and Minnesota Senators Al Franken and Amy Klobuchar.
Erlinder bases his critique of the Kagame regime and the received history of the 1993 Rwanda Genocide on the evidence collected in his Rwanda Documents Project.

Rwanda: arrestation d'un avocat américain de l'opposante Ingabire

KIGALI (AFP) - 28.05.2010 14:20

La police rwandaise a annoncé vendredi avoir arrêté l’un des défenseurs de l’opposante Victoire Ingabire, l’avocat et professeur de droit américain Peter Erlinder, accusé de nier la réalité du génocide des Tutsi de 1994.

"Il a été arrêté ce (vendredi) matin. Il se trouve actuellement entre les mains du département de la police chargée des investigations criminelles", a indiqué à l’AFP le porte-parole de la police, Eric Kayiranga.

"Il sera présenté devant un juge dans les délais prévus par la loi (72 heures)", a-t-il poursuivi, soulignant que le juriste américain est accusé de "nier le génocide" des Tutsi.

"C'est quelqu'un qui nie le génocide, dans ses écrits et ses discours. Pire que ça, il est devenu un organisateur de négationnistes", a pour sa part accusé le procureur général du Rwanda Martin Ngoga.

"Si le négationnisme (du génocide des Tutsi) n'est pas puni dans son pays, il l'est chez nous au Rwanda. Et en venant ici, il le savait bien", a-t-il ajouté, interrogé au téléphone par l'AFP.

Président de l’Association des avocats de la défense auprès du Tribunal pénal international pour le Rwanda (TPIR), l’avocat américain était arrivé au Rwanda dimanche pour participer à la défense de Mme Ingabire, accusée elle-même de nier le génocide.

Arrêtée et remise en liberté conditionnelle courant avril, Mme Ingabire, candidate déclarée à la présidentielle d'août, est présidente des Forces démocratiques unifiées (FDU), un parti non encore reconnu par Kigali.

Elle est également accusée de collaboration avec une organisation terroriste, d'idéologie génocidaire et de propos "divisionnistes".

Le gouvernement américain a reproché jeudi aux autorités rwandaises de "prendre des actions inquiétantes" et de restreindre les libertés à l'approche de l'élection présidentielle du 9 août à laquelle se représentera le chef de l'Etat sortant Paul Kagame.

"L'environnement politique à l'approche de l'élection a été entaché d'une série d'actions inquiétantes prises par le gouvernement du Rwanda, qui constituent des tentatives de restreindre la liberté d'expression", a affirmé le secrétaire d'état adjoint aux Affaires africaines, Johnnie Carson, sur le site internet du département d'Etat.

"En quelques mois, le gouvernement a suspendu deux journaux, annulé le permis de travail et refusé le visa à une chercheuse de Human Rights Watch, et arrêté (puis libéré conditionnellement) la dirigeante de l'opposition Victoire Ingabire", selon les propos du diplomate tenus mardi devant une commission parlementaire à Washington et reproduits par le site internet.