Citation
CONFIDENTIAL
034
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66D0D1 111544Z /38
R 111351Z AUG 94
FM AMEMBASSY KAMPALA
TO SECSTATE WASHDC 1387
INFO AMEMBASSY BRUSSELS
AMEMBASSY BUJUMBURA
USMISSION USUN NEW YORK
AMEMBASSY LONDON
AMEMBASSY PARIS
AMEMBASSY KAMPALA
AMEMBASSY KINSHASA
USMISSION GENEVA
AMEMBASSY DAR ES SALAAM
C O N F I D E N T I A L SECTION 01 OF 02 KAMPALA 006441
E.O. 12356: DECL: OADR
TAGS: PREL,PGOV, RW
SUBJECT: A/S SHATTUCK URGES SUPPORT FOR WAR CRIMES
TRIBUNAL
1.
CONFIDENTIAL - ENTIRE TEXT.
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2. THE FOLLOWING MESSAGE IS BEING TRANSMITTED ON
BEHALF OF EMBASSY KIGALI.
3. SUMMARY. AT THE SUGGESTION OF ASSISTANT SECRETARY
MOOSE, ASSISTANT SECRETARY SHATTUCK, DRL, MET WITH
MINISTER OF JUSTICE NKUBITO, RWANDAN VICE PRESIDENT
KAGAME, AND MINISTER OF REHABILITATION AND SOCIAL
INTEGRATION BIHOZAGARA, AUGUST 6, TO URGE RWANDAN
SUPPORT FOR AN INTERNATIONAL WAR CRIMES TRIBUNAL FOR
RWANDA. KAGAME, NKUBITO, AND BIHOZAGARA ALL VOICED
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: HARRY R MELONE
DATE/CASE ID: 02 NOV 2006 200103014
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THEIR STRONG SUPPORT FOR SUCH A TRIBUNAL, BUT
EXPLAINED THAT DOMESTIC PRESSURES FOR IMMEDIATE
PROSECUTION OF THOSE SUSPECTED OF COMMITTING ACTS OF
GENOCIDE WERE GROWING. IF THE INTERNATIONAL COMMUNITY
DID NOT MOVE QUICKLY ENOUGH, THE GOR WOULD BE FORCED
TO TRY THE CASES LOCALLY. END SUMMARY.
4. IN HIS MEETING WITH EACH OF THE GOR OFFICIALS, AS
SHATTUCK SUGGESTED THAT THE GOR (THROUGH A LETTER TO
THE UN SECRETARY GENERAL) URGE PROMPT ESTABLISHMENT
OF AN INTERNATIONAL WAR CRIMES TRIBUNAL FOR RWANDA.
A/S SHATTUCK ALSO URGED THE GOR TO PUBLICLY CONDEMN
VIGILANTE JUSTICE AND AS A COROLLARY, MOVE QUICKLY TO
ESTABLISH ITS OWN JUSTICE SYSTEM GUARANTEEING DUE
PROCESS TO ALL.
5. RECOGNIZING THE CURRENT GOVERNMENT'S LIMITED
RESOURCES, A/S SHATTUCK OFFERED US ASSISTANCE IN
EVIDENCE GATHERING IN THE AREA OF GENOCIDE AND IN
CREATION OF A JUDICIAL SYSTEM. A/S SHATTUCK ALSO TOLD
GOR OFFICIALS OF RECENT US DIPLOMATIC EFFORTS IN
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RWANDA'S NEIGHBORING COUNTRIES TO SECURE ASSISTANCE
IN DISARMING MILITIAS IN THE CAMPS AND DETAINING
THOSE SUSPECTED OF CRIMES OF GENOCIDE. HE ADDED THAT
THE US WOULD ALSO WORK TO EXPEDITE THE DEPLOYMENT OF
HUMAN RIGHTS MONITORS.
6. THE MINISTER OF JUSTICE THANKED A/S SHATTUCK FOR
THE OFFER OF US ASSISTANCE AND SAID THAT HE WOULD
PREPARE A MEMO OUTLINING RWANDA'S NEEDS FOR THE
ESTABLISHMENT OF A VIABLE JUDICIAL SYSTEM. IN
DISCUSSING THE ISSUE OF A WAR CRIMES TRIBUNAL,
NKUBITO RECALLED HIS SPEECH AT THE UN HUMAN RIGHTS
SPECIAL SESSION ON RWANDA IN MAY IN WHICH HE OPENLY
SUPPORTED THE SENDING OF THE SPECIAL RAPPORTEUR AND
HUMAN RIGHTS MONITORS AND CALLED FOR THE IMMEDIATE
ESTABLISHMENT OF A WAR CRIMES TRIBUNAL. HE ASSERTED
THAT THE GOR FIRMLY SUPPORTS SUCH INITIATIVES.
7. NKUBITO WAS CONCERNED, HOWEVER, THAT WITH BOSNIA
AS THE EXAMPLE, A WAR CRIMES TRIBUNAL COULD TAKE TOO
LONG TO SET UP. GIVEN THAT MANY IN RWANDA,
PARTICULARLY THOSE IN THE RPF, WANTED SWIFT JUSTICE,
HE SAID THE GOR WOULD MOVE QUICKLY TO ESTABLISH ITS
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OWN JUSTICE SYSTEM IN ORDER TO HANDLE THOSE CASES
WHICH FELL OUTSIDE THE INTERNATIONAL TRIBUNAL'S
PERVIEW. THE MINISTER ADDED THAT THE GOR WAS
PREPARING A NOTE TO THE UN SECRETARY GENERAL TO
CLARIFY JURISDICTIONAL ISSUES INVOLVING CRIMES OF
GENOCIDE.
8. THE JUSTICE MINISTER SAID THAT NO ONE SHOULD BE
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SURPRISED WITH THE RECENT ACTS OF PRIVATE VENGEANCE.
HE SAID THAT THERE IS NO FUNCTIONING JUSTICE SYSTEM
AT PRESENT AND THAT HATRED STILL LURKS IN THE HEARTS
OF MANY. HE SAID, HOWEVER, THAT THE GOR WAS WORKING
QUICKLY TO COUNTER THIS VIOLENCE. HE MENTIONED THE
GOVERNMENT MEETINGS ALREADY HELD AND COMMISSIONS
BEING SET UP TO DEAL WITH NOT ONLY THE PROTECTION OF
PERSONS (INCLUDING THE GUARANTEE OF DUE PROCESS FOR
THOSE DETAINED) BUT ALSO THE PROTECTION OF PROPERTY.
9. FOLLOWING THE MEETING WITH NKUBITO, VICE PRESIDENT
KAGAME ALSO ASSURED A/S SHATTUCK THAT THE GOR WAS
DOING ITS BEST UNDER DIFFICULT CIRCUMSTANCES TO CURB
VIGILANTE JUSTICE AND REESTABLISH LAW AND ORDER.
KAGAME SAID THAT THE GOR HAS PUBLICLY CONDEMNED
EXTRA-JUDICIAL KILLINGS AND HAS REPEATEDLY CALLED FOR
THE ESTABLISHMENT OF A WAR CRIMES TRIBUNAL.
10. THE VICE PRESIDENT ECHOED THE JUSTICE MINISTER'S
CONCERN WITH POSSIBLE DELAYS IN SETTING UP AN
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INFO LOG-00
H-01
NSCE-00
SNP-00
PRME-01
CIAE-00 SMEC-00 OASY-00 DODE-00 DOES-00
TEDE-00 INR-00
10-16
L-01
ADS-00
01C-02 OMB-01 PA-01
PM-00
PRS-01
SP-00
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TRSE-00 T-00
USIE-00
DRL-09 G-00
/036W
66DODB 111545Z /38
R 111351Z AUG 94
FM AMEMBASSY KAMPALA
TO SECSTATE WASHDC 1388
INFO AMEMBASSY BRUSSELS
AMEMBASSY BUJUMBURA
USMISSION USUN NEW YORK
AMEMBASSY LONDON
AMEMBASSY PARIS
AMEMBASSY KAMPALA
AMEMBASSY KINSHASA
USMISSION GENEVA
AMEMBASSY DAR ES SALAAM
CONFIDENTIALSECTION 02 OF 02 KAMPALA 006441
E.O. 12356: DECL: OADR
TAGS: PREL,PGOV, RW
SUBJECT: A/S SHATTUCK URGES SUPPORT FOR WAR CRIMES
TRIBUNAL
INTERNATIONAL TRIBUNAL. HE SAID IF THE GOR WAS GOING
TO BE ABLE TO SUCCESSFULLY DEAL WITH THE ISSUE OF
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VIGILANT JUSTICE, THE GOVERNMENT HAD TO DEMONSTRATE
TO ITS PEOPLE THAT SUSPECTS WOULD BE DETAINED AND
PROSECUTED.
11. KAGAME SAID THE GOVERNMENT HAD NUMEROUS DETAINEES
(ALTHOUGH NO NUMBER WAS GIVEN) AND INVESTIGATIONS
WERE UNDERWAY. HE SAID THE GOR WOULD BE WILLING TO
SHARE ALL ITS EVIDENCE (INCLUDING RADIO TRANSCRIPTS
OF GOR OFFICIALS INCITING PEOPLE TO VIOLENCE). THE
VICE PRESIDENT NOTED THAT THE DETAINEES WOULD BE
TURNED OVER FROM MILITARY TO CIVILIAN JURISDICTION AS
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SOON AS CIVILIAN INSTITUTIONS COULD BE SET UP. KAGAME
ALSO SAID THAT THE GOVERNMENT WOULD FULLY SUPPORT THE
WAR CRIMES TRIBUNAL BUT CAVEATED THIS SUPPORT BY
SAYING THE GOR WOULD NOT WAIT FOREVER FOR THE
TRIBUNAL TO ACT. IN HIS WORDS, "THE SOONER THE
PROCESS BEGINS, THE BETTER".
12. THE VICE PRESIDENT BELIEVED THE IMMEDIATE
DEPLOYMENT OF HUMAN RIGHTS MONITORS TO NOT ONLY
RWANDA BUT ALSO REFUGEE CAMPS WAS AN IMPORTANT
INITIATIVE. HE VOICED HIS CONCERN FOR THE ACTIVITIES
OF MILITIA LEADERS IN THE CAMPS. HE HOPED MORE COULD
BE DONE TO SEPARATE SUSPECTED CRIMINALS FROM THE
INNOCENT CIVILIANS.
13. IN THE FINAL MEETING OF THE DAY, MINISTER
BIHOZAGARA OFFERED HIS ASSESSMENT OF THE RWANDAN
COLLECTIVE AND INDIVIDUAL RESPONSIBILITY FOR
GENOCIDE. BIHOZAGARA RECOGNIZED THAT ON THE
COLLECTIVE LEVEL, THE GOR COULD NOT PUNISH ALL
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RWANDANS FOR GENOCIDE AND THAT PARDONS OF THOSE
PASSIVE PARTICIPANTS IN THE VIOLENCE WOULD BE
NECESSARY. BUT THE PLANNERS AND CONSCIOUS EXECUTORS
OF THE MASSACRES SHOULD BEAR RESPONSIBILITY FOR THEIR
CRIMES.
14. IN DISCUSSING THE ISSUE OF REFUGEE RETURN,
BIHOZAGARA SAID THE GOR WAS DOING ALL IT COULD TO
ENCOURAGE RWANDANS TO RETURN HOME. HE ADDED, HOWEVER,
THAT THE INTERNATIONAL COMMUNITY NEEDED TO BE DOING
MORE IN THE CAMPS TO STOP MILITIA PROPAGANDA AND IN
HIS WORDS, "STOP FEEDING THE ASSASSINS".
15. A/S SHATTUCK NOTED RECENT PRESS REPORTS OF
VIOLENCE AGAINST REFUGEES. HE DID NOT BELIEVE THE
GOVERNMENT SUPPORTED THIS AND ASKED FOR THE
MINISTER'S REACTION TO THE REPORTS. BIHOZAGARA
CLAIMED THAT THE PRESS IS NOT CHECKING ITS SOURCES,
REPORTING FROM KIGALI ABOUT INCIDENTS THAT TAKE PLACE
MILES FROM THE CAPITAL. HE CAUTIONED THAT SOME OF THE
INFORMATION IN THE REPORTS OFTEN COMES FROM THE
INTERHANME WHO DELIBERATELY WANT TO MISLEAD THE
PUBLIC AND DISCREDIT THE CURRENT GOVERNMENT. HE
INSISTED THAT THE GOR WOULD ALLOW EVERYONE TO TRAVEL
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FREELY TO INVESTIGATE ALLEGED INCIDENTS OF
EXTRA-JUDICIAL KILLINGS AND THAT THOSE FOUND GUILTY
WOULD BE PUNISHED.
16. COMMENT. A/S SHATTUCK'S MESSAGE URGING THE GOR TO
FORMALLY SUPPORT THE CREATION OF A WAR CRIMES
TRIBUNAL WAS WELL-RECEIVED. THE GOR IS READY TO FULLY
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COOPERATE WITH ANY TRIBUNAL ESTABLISHED. CLEARLY,
THOUGH, SWIFT JUSTICE IS NEEDED IF THE EXTRA-JUDICIAL
KILLINGS ARE TO BE STOPPED. IF THE PAST IS PROLOGUE
TO THE FUTURE - AS WITH THE DELAY IN REINFORCING THE
UNAMIR CONTINGENT, THE CURRENT PLAYERS IN THIS
GOVERNMENT WILL NOT WAIT LONG FOR A TRIBUNAL TO BE
PUT IN PLACE. END COMMENT.
17.
MINIMIZE CONSIDERED. BUSH
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