Showing posts with label Paul Kagame. Show all posts
Showing posts with label Paul Kagame. Show all posts

"Benevolent" Dictator Kagame?

Paul Kagame (left) has been newly re-elected President of Rwanda with 93% of the vote.
Despite that suspiciously high number, government electoral officials reported that the process functioned properly, without irregularities.
It is hard to cry foul -- except that no one else was allowed to compete.
Leading up to the election, all signs pointed to serious political repression. Opposition candidates and supporters were arrested for holding what was deemed an illegal rally. Moreover, the suspension of newspapers, the removal of a human rights researcher from the country, and the restructuring of military leadership all pointed to a regime consolidating power before the election. Some recent incidents of violence -- the attempted killing of an exiled Rwandan general, killing of the vice president of the Democratic Green Party, and the killing of a journalist -- have been attributed to Kagame's government. (Recall too the subject of a recent guest post, the arrest and detention of a U.S. attorney who was helping a would-be Kagame electoral opponent.)
Yesterday, in an interview with National Public Radio, Kagame denied allegations of impropriety. The interview was a troubling window into Kagame's administration, one in which nearly anything can be done with impunity, a lesson that U.N. Human Rights Committee member Ruth Wedgood, in an EJIL Talk! commentary posted on Sunday, has argued was learned as a result of
the West's failure to address Tutsi violations of the laws of war.
Responding in the NPR interview to criticism over the lack of opposition participation in the election, Kagame implied that there had been no opposition at all, or perhaps that the participation of Rwandan citizens in the electoral process did away with the need for organized political opposition. He said:

Well we've had a lot of criticisms indeed, most of which is just very unfair and have no basis. What we've done wouldn't have been successful if there had not been participation of Rwandans.
Kagame also diminished the responsibility of a ruling party to allow for opposition:
If other leaders are weak or there is no track record or, this is not something that we should be held responsible for. We should be held responsible for what we are doing or what we are not doing.
Most troublingly, Kagame stated:

What Rwanda suffers most is that it's a poor country, and when a country is poor, when a country is developing, there is that tendency for it to be described as undemocratic . . . I don't accept that. We don't accept that. So our future is about unity, stability, development, prosperity for our people, good governance, and so on and so forth.

Despite Kagame's total denial of the label "undemocratic," democracy notably fails to make the list of Kagame's major goals. The rhetoric that democracy is a luxury only available to the developed world, coded in unassailable terms of anti-imperialism, does not bode well. While Kagame has presided over a transition from horrific conflict to relative stability, it begs the question at what cost.
When asked to respond to other labels sometimes ascribed to him -- such as "authoritarian leader with a vision," or "benevolent dictator" -- Kagame replied ominously:

I think this is said by few, but very loudmouthed, people.
The NPR interview doesn't provide much hope that such dissenters will have a space to voice their opinions, let alone form opposition groups, during the next Kagame term. As Wedgwood wrote, and Opinio Juris blogger Kevin Jon Heller agreed, the United States needs to reevaluate its relationship to Rwanda.
In short, the international community needs to pressure Kagame to move away from a platform of unity and towards one that emphasizes civil liberties.

Rwanda arrest & ICTR defence counsel

(I am very grateful to IntLawGrrls for the invitation to guest-post on this issue.)

It is now 15 days that Peter Erlinder (left), a colleague in the international defence bar, has been imprisoned in Rwanda. (photo credit)
Erlinder, Professor of Law at William Mitchell College of Law in St. Paul, Minnesota, is Lead Counsel for Major Aloys Ntabakuze, an accused in the Military I case who is in the process of appealing his December 2008 conviction by the International Criminal Tribunal for Rwanda. Erlinder was arrested in Rwanda on 28 May 2010, and this week his application for bail was denied.
Although no indictment has been issued, the bail decision indicates that Erlinder will be charged with ‘genocide denial and downplaying the genocide, in addition to spreading rumours capable of endangering the security of the Rwandan people’ -- a crime punishable in Rwanda by up to 20 years' imprisonment.
Erlinder was in the Rwandan capital, Kigali, to assist Victoire Ingabire (right), chairperson of the United Democratic Forces political party. Ingabire, who is seeking to run against Rwandan President Paul Kagame in the 9 August presidential elections, herself has been charged with propagating genocide ideology and ethnic divisionism. (photo credit)
Opposition to Erlinder's arrest has been swift and widespread, with multiple national bar associations calling for his release, the US State Department urging for his release on ‘compassionate grounds’, and legislation being introduced in the U.S. House of Representatives requesting his immediate return to the United States. Many of the public letters of opposition cite to Principle 16 of the UN Basic Principles on the Role of Lawyers, which states that

governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference.
The response from the Tanzania-based ICTR itself, however, has been inconsistent.
In the face of filings from defence teams requesting varied forms of relief, such as the suspension of proceedings and the withdrawal of counsel due to external pressures, the ICTR announced through its official spokesman that given that Peter was not in Rwanda on official mission in his role as counsel, the ICTR did not have the ‘power or vocation for giving lawyers any immunity in cases that are not related to the ICTR’s mandate’.
The ICTR’s hands-off approach subsequently became more difficult, however, on account of the Decision on Provisional Incarceration and Release rendered by the High Court of Gasabo, Rwanda, on 7 June. In two paragraphs of this decision summarising the Prosecution’s submissions, the Court refers to the link made by the Prosecutor between the alleged genocide denial and Erlinder’s pleadings as a Defence counsel in the Military I case. This is a critical link. It is one which it appears the ICTR could no longer ignore, as evidenced by decisions of recent days.
Trial Chamber III, for example, rendered on 9 June a decision the motion of another accused, Ildephonse Nizeyamana, for suspension of the proceedings, noting that
it appears from the available information that the charges against Peter Erlinder are partly related to his submissions before the Tribunal during the Military I case. The issue whether as to bring the matter before the Security Council with reference to Articles 28 and 29 of the Statute is presently being considered by the President of the Tribunal.
Significantly, Article 28 of the ICTR Statute requires states to cooperate with the Tribunal, albeit in ‘the investigation and prosecution of persons accused of committing serious violations of international humanitarian law.’
So what is the impact of this situation on the ICTR’s Defence Counsel? Particularly those who have upcoming missions or site visits to Rwanda which are necessary in the defence of clients?
Certainly the most immediate impact was felt by Peter Robinson (left), Lead Counsel for another accused, Joseph Nzirorera. (photo credit) Following Erlinder’s arrest, Robinson had filed a request for withdrawal on the grounds that continued representation of his own client would cause him to be in violation of the ICTR's Code of Professional Conduct for Defence Counsel, Article 5 of which requires:
In providing representation to a client, Counsel must ... [n]ever permit their independence, integrity and standards be compromised by external pressures.
Having filed this request, Robinson was unwilling to proceed with a witness examination before receiving a decision from the ICTR Registrar. After issuing a warning, Trial Chamber III then initiated contempt proceedings, and Robinson now faces a maximum penalty of 5 years imprisonment or a fine not exceeding US$10,000. Considering the acts for which contempt proceedings are normally reserved at the ad hoc tribunals, this decision of the Chamber to initiate contempt proceedings was surprising to many.
While reports that the ICTR has ‘ground to a halt’ are misplaced, the mood is certainly tense among Defence lawyers. While the link remains between Erlinder’s work as a Counsel on the Military I trial and his alleged genocide denial, the position for Defence teams at the ICTR seems uncertain. This concern, of course, is secondary to the anxiety felt for the well-being of our colleague, and his family.

On April 6

On this day in ...
... 1994 (15 years ago today), Juvenal Habyarimana and Cyprian Ntayamira, respectively the Presidents of Rwanda and Burundi, were killed in a plane crash that some said was the result of rocket fire from the ground. The crash occurred just outside of Kigali, Rwanda's capital, to which the 2 were flying after having taken part in a discussion among African leaders meeting in Tanzania on how "to end the ethnic violence in Burundi and Rwanda." The incident would have the opposite consequence, touching off massacres in Rwanda. Earlier last month the Chief of Protocol for Rwandan President Paul Kagame, Rose Kabuyé (prior post), submitted to interviews by a French investigating judge in connection with charges, levied against Kagame in France, relating to the 1994 deaths. Yesterday Uganda's Daily Monitor reported that she has returned to Rwanda on grant of "'extra-territorial bail.'" The paper quoted Kabuyé as stating upon her arrival back in Kigali "to continue with her duties" as protocol chief:
'After two days of interrogation with judges, I was requested to come back to Kigali. I was granted permission and was also informed that my arrest warrant has been suspended.
'I can continue with my job and travel anywhere in the world unlike before when I had to only travel in Rwanda and France. I am set to go back in the first week of May.'

... 1968, "[d]ozens of major cities in the United States have been rocked by an escalation in the race riots which began two days ago ... provoked by the assassination of black civil rights leader Martin Luther King" Jr., the BBC reported. More than 100 cities would be affected in days of rioting, which resulted in deaths, injuries, arrests, arson, looting and shootings. (credit for photo of riot-damaged store in Washington, D.C.)

(Prior April 6 posts are here and here.)

New to the Ranks of Female Defendants

We've blogged before (here and here and here) on the female defendants indicted by international, and hybrid, criminal tribunals. European states have also indicted several Rwandan women for genocide and crimes against humanity; for example, two nuns were accused in a Belgian indictment of complicity in genocide.
In the newest chapter of this story, German officials detained Rose Kabuye (above), Chief of Protocol for Paul Kagame, Rwanda's President. She was seized at the Frankfurt airport upon a French arrest warrant. Kabuye was a guerrilla within the Rwandan Patriotic Army (RPA), the military wing of the Tutsi-led Rwandan Patriotic Front, and as such is considered a national heroïne. (photo credit)
Apparently, the charges against her stem from the shooting down on April 6, 1994 of Juvenal Habyarimana's plane, which ignited the genocide in Rwanda. (The plane was shot down as President Habyarimana and Burundian President Cyprien Ntaryamira were returning from a meeting in Tanzania on the implementation of the Arusha Peace Accords. The identity and the precise motive of the assassins remain unknown. Many have long speculated that Hutu nationalists, angered that President Habyarimana had capitulated during the peace process, were responsible.)
It appears that Kabuye was visiting Germany in her private capacity, which opened the way for her arrest. News accounts indicate that Kabuye had been warned that she risked arrest when travelling in Europe.
Rwandan Minister of Information Louise Mushikiwabo (right, center) has stated that Kabuye’s arrest is a “misuse of international jurisdiction” and “a perversion of the principle of universal jurisdiction." The African Union (AU) has also said arrest warrants would not be recognised in AU countries.
Mushikiwabo’s statements are intriguing.
If I am not mistaken, Mushikiwabo was a plaintiff in a suit under the Alien Tort Statute against Jean-Bosco Barayagwiza, a leader in the Hutu-nationalist Coalition pour la Défense de la République party and a co-owner of the vitriolic Radio Télévision Libre des Milles Collines. (See here and here for profiles on Mushikiwabo). With others, she sued Barayagwiza in New York in 1994 and obtained a $35 million judgment against him in default (see 1996 WL 164496 (S.D.N.Y. Apr. 9, 1994). In an exercise of what many have deemed a form of civil universal jurisdiction, Mushikiwabo obtained “tag” personal jurisdiction over the defendant by serving him with process while he was in New York attending meetings at the United Nations and he strayed outside the U.N. headquarters zone.
Apparently, what is good for the gander is not so good for the goose? Kabuye has been flown to France to face the charges. Stay tuned!

 
Bloggers Team