AMAHORO-PEOPLE’S CONGRESS

http://newrwanda.org

To H.E. Mr. Stefan TAFROV

President of the UN Security Council for September 2002.

Mr. President, 

AMAHORO People’s Congress[1] would like to express its concerns regarding the further slow down of the work of the International Criminal Tribunal for Rwanda (ICTR), primarily as the result of the continual obstruction from the current Rwandan government. 

While the tribunal has not had a stellar performance, (nine convictions and one acquittal after 8 years and a price tag of 600 million), it remains nevertheless a potentially effective tool in bringing to justice those responsible for the genocide of Tutsis and massacres of Hutus in 1994, especially those who have had the means to settle in countries far away from Rwanda. 

In addition to convicting those who carried out the genocide and massacres, we think that the tribunal can contribute to the national reconciliation by showing the population that justice can be achieved through proper channels.  This is particularly crucial, since the Kigali regime has so far been unable to provide a fair and impartial system of justice to its citizens.  This regime continues to use the judicial system as a tool to repress its political opponents, and a means to cleanse individuals it wants to use.  As an illustration, AMAHORO recalls the cases of former President of Rwanda Mr. Pasteur Bizimungu, former state minister Mr. Charles Ntakirutinka, and former representative Mr. Jean Mbanda, and many others; whose political freedom has been suppressed through the manipulation of a corrupt judicial system.  AMAHORO recalls the cleansing of Colonel Munyakazi, Mr. Boniface Rucagu, Mr. Elisee Bisengimana and many more, who now occupy important positions in the RPA and/or the Rwandan governmental institutions, despite their presumed role in the Tutsi genocide and Hutu massacres of 1994.  It is therefore important that the ICTR be allowed and aided to function properly and to fulfill its mandate in a timely manner.

The UN Security council resolution 955 of November 8, 1994, which set up the ICTR, also mandates all UN member States to fully cooperate with the tribunal.  Furthermore, resolution 955 clearly states that the ICTR’s authority takes precedence over that of national courts.  As such, the objections raised by the Rwandan government via its attorney general Mr. Gerard Gahima, Minister of Justice Mr. Jean de Dieu Mucyo, and other various government officials are not valid.  These objections, further restated by President Paul Kagame on June 28^th 2002, when he indicated that Rwanda was no longer going to cooperate with the ICTR, cannot and should not prevent the tribunal from carrying out its mandate.

Mr. President, according to resolution 955, Rwanda as a UN member State, is required to cooperate with the ICTR.  In addition, and in the same manner, it falls on the UN Security Council to insure that the ICTR gets the needed cooperation from Rwanda and other States. 

It is for this purpose, that we address you this letter.  We seek a statement from the council, asking the Rwandan government and President Paul Kagame in particular to stop all obstructions to the ICTR’s work.  It is particularly important that the Rwandan government stop hindering witnesses from traveling to ARUSHA to testify. 

While we recognize the efforts made by the office of the prosecutor of the ICTR in the last two years (issuing an increased number of arrest warrants, classifying the offenders with the goal of trying at least 250 people by 2008, allowing national courts of member States to trial suspect, etc), we recommend that the Tribunal make considerable effort in facilitating witnesses’ appearances, and make every effort to be sensitive to them and to what they have been through.  This will prevent incidents such as the one that took place last year, when the prosecution staff and judges laughed, as a witness recounted how an Interahamwe militiaman raped her!  Such insensitive behavior can only discourage witnesses from coming forth to testify!

Mr. President, it is our sincere hope that the UN Security Council will not, once more, fail the people of Rwanda.  The Council must insure that those who carried out the genocide are brought to justice, and that justice is brought to all Rwandans.

We hope that the Council will address this issue under your tenure, Mr. President; and issue a statement asking President Kagame and his government to comply with resolution 955 of November 8, 1994.

Sincerely,

Jeff Nsengimana

Vice President

AMAHORO People’s Congress

CC:

            H.E. Mr. Kofi Annan

            Secretary General of the United Nations

            Ms. Carla Del Ponte

            Prosecutor of the ICTR

H.E. Mr. John D. Negroponte

U.S. Representative to the United Nations

H.E. Mr. Sergey Lavrov

Russian Representative to the United Nations

H.E. Sir Jeremy Quentin Greenstock. KCMG

U.K. Representative to the United Nations

H.E. Mr. Wang Yingfan

Representative of China to the United Nations

H.E. Mr. Jean-David Levitte

Representative of France to the United Nations

H.E. Mr. Anastase Gasana

Rwandan Representative to the United Nations