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Rusesabagina Complaint Against Gainjet

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Rusesabagina Complaint Against Gainjet Case 5:20-cv-01422 Document 1 Filed 12/14/20 Page 1 of 90 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION PAUL RUSESABAGINA, § TACIANA MUKANGAMIJE, § ANAISE UMUBYEYI § KANIMBA, AIMEE-LYS § RUSESABAGINA, CARINE § ISERE KANIMBA, AIME- § Civil Action No. 5:20-1422 DIANE RUSESABAGINA, § TRESOR RUSESABAGINA, § AND ROGER RUSESABAGINA, § § Plaintiffs, § JURY TRIAL DEMANDED § v. § § § GAINJET AVIATION, S.A., § CONSTANTIN § NIYOMWUNGERE, § Defendants. PLAINTIFFS’ ORIGINAL COMPLAINT Case 5:20-cv-01422 Document 1 Filed 12/14/20 Page 2 of 90 TABLE OF CONTENTS INTRODUCTION ..................................................................................................... 5 JURISDICTION AND VENUE ............................................................................. 10 PARTIES ................................................................................................................. 10 FACTUAL BACKGROUND ................................................................................. 12 I. Kagame’s Accension anD Two-DecaDe Tyrannical Rule Over RwanDa ..... 12 A. Signs of Political Oppression Appeared Early after the RPF AssumeD Control of the Government Post-GenociDe. ........................ 15 B. Violence, Threats, anD IntimiDation SurrounDeD Kagame’s Initial BiD for Election in 2003 ........................................................... 19 C. Kagame’s Strongman Tactics Were on Full Display Leading Up to the 2010 Election ...................................................................... 24 1. The oppression of the FDU-Inkingi party anD its members .................................................................................... 25 2. The oppression of the PS-Imberakuri party anD its members .................................................................................... 28 3. The oppression of the Democratic Green Party anD its members .................................................................................... 29 4. The attempteD assassination of Kayumba Nyamwasa anD subsequent assassination of journalist Jean-LéonarD Rugambage ............................................................................... 31 5. The suppression of free speech anD the meDia ......................... 32 2 Case 5:20-cv-01422 Document 1 Filed 12/14/20 Page 3 of 90 D. Kagame ContinueD to Oppress Political Opponents During His Second Term. ...................................................................................... 34 E. Kagame ProlongeD His Authoritarian Rule By Pushing Through a Constitutional AmenDment Extending the Term Limits For His PresiDency. ................................................................................... 38 F. Violence, IntimiDation, anD Abuse UshereD Kagame Into a Third Term in 2017. ............................................................................ 40 1. Kagame again targeteD FDU-Inkingi members ........................ 41 2. Kagame again harasseD anD intimiDateD potential canDiDates .................................................................................45 G. Kagame’s Political Opponents Continue to Disappear and Suffer Violent, Unexplained Deaths. ..................................................45 II. The Co-Conspirators’ AbDuction of Paul Rusesabagina ..............................49 A. The RwanDan Authorities’ History of Persecuting Mr. Rusesabagina .......................................................................................51 B. The Co-Conspirators’ AbDuction anD ExtraorDinary RenDition of Mr. Rusesabagina ...........................................................................61 C. The TrumpeD-Up Charges Against Mr. Rusesabagina .......................67 CLAIMS FOR RELIEF ...........................................................................................74 COUNT 1: Violation of the Torture Victim Protection Act (Against Constantin Niyomwungere) .................................................... 74 COUNT 2: Violation of the Alien Tort Statute: ForceD Disappearance (Against Constantin Niyomwungere) ............ 76 3 Case 5:20-cv-01422 Document 1 Filed 12/14/20 Page 4 of 90 COUNT 3: Violation of the Alien Tort Statute: Torture anD Other Cruel, Inhuman, or DegraDing Treatment (Against Constantin Niyomwungere) ..................................................... 79 COUNT 4: Civil Conspiracy (Against Constantin Niyomwungere anD GainJet) ............................................................................ 81 COUNT 5: Fraud (Against Constantin Niyomwungere and GainJet) ...... 83 COUNT 6: False Imprisonment (Against Constantin Niyomwungere anD GainJet) ............................................................................ 83 COUNT 7: Intentional Infliction of Severe Emotional Distress (Against Constantin Niyomwungere anD GainJet) ................. 84 COUNT 8: Violations of International Law (Against Constantin Niyomwungere anD GainJet) .................................................. 85 DAMAGES .............................................................................................................86 EXEMPLARY DAMAGES ....................................................................................87 CONDITIONS PRECEDENT ............................................................................... 88 JURY DEMAND ................................................................................................... 88 PRAYER FOR RELIEF ..........................................................................................88 4 Case 5:20-cv-01422 Document 1 Filed 12/14/20 Page 5 of 90 INTRODUCTION 1. This case arises out of a conspiracy of the RwanDan government anD defendants GainJet and Constantin Niyomwungere to engage in the unlawful extradition, arbitrary Detention, anD torture of Paul Rusesabagina. Mr. Rusesabagina is a lawful permanent resident of the UniteD States anD internationally acclaimed hero anD human rights activist. His efforts to save over 1,200 Rwandans from the 1994 genocide inspired the Academy AwarD nominateD film, Hotel RwanDa. Mr. Rusesabagina has become yet another victim of RwanDan President Paul Kagame’s practice of silencing political opponents and arbitrarily detaining them under the pretext of “terrorism.” 2. Mr. Rusesabagina is no terrorist. His life’s work is DeDicateD to bringing peace and democracy to Rwanda and motivating governments, non- governmental organizations, and ordinary people to work together to prevent genocide throughout the world. As a testament to his dedication to human rights anD a life of helping others, Mr. Rusesabagina has received numerous awarDs, incluDing the UniteD States Presidential MeDal of FreeDom in 2005, the nation’s highest civilian accolade. 3. As a natural consequence of his pursuit of human rights in Africa, Mr. Rusesabagina became a staunch critic of PresiDent Paul Kagame’s government anD 5 Case 5:20-cv-01422 Document 1 Filed 12/14/20 Page 6 of 90 its abuses against the RwanDan people. Mr. Rusesabagina became a target of Mr. Kagame in the early nineties, after he refused a position in Kagame’s government. He then became a prime target after the release of the movie Hotel RwanDa, when Mr. Rusesabagina publisheD his autobiography expressing concerns about human rights abuses by the RwanDan government. Targeting of Mr. Rusesabagina increaseD as he became an internationally known humanitarian anD continueD to speak out against RwanDan government human rights abuses, incluDing when Mr. Rusesabagina spoke in support of the UniteD Nations’ Mapping Report in 2010. That report concluDeD that PresiDent Kagame anD his government are responsible for war crimes anD crimes against humanity in the Congo. The report also argues that there is enough evidence to investigate whether genocide is being committeD by Rwandan forces against Hutu refugees in the Congo. 4. As a result of these criticisms of Kagame and his government, Mr. Rusesabagina became the subject of harassment, threats against his life, at least one assassination attempt anD a Decades-long smear campaign by Mr. Kagame’s government and its state-run meDia. As Mr. Rusesabagina himself wrote, “there is no greater gift to an insecure leader that quite matches a vague enemy who can be used to whip up fear and hatred among the population.” Since 2005 Mr. Kagame 6 Case 5:20-cv-01422 Document 1 Filed 12/14/20 Page 7 of 90 has trieD to paint Mr. Rusesabagina as a “false hero” and has frauDulently labelleD him a “terrorist” and “funder of terrorists” without any basis whatever in fact. 5. This case arose after Mr. Kagame’s attacks culminated in late August 2020, when RwanDan officials, in conspiracy with defendants GainJet anD Niyomwungere, executeD a covert mission to silence Mr. Rusesabagina permanently. 6. Tapping into Mr. Rusesabagina’s commitment to humanitarianism, GainJet, Niyomwungere, anD RwanDan operatives hooDwinked Mr. Rusesabagina into leaving his home in San Antonio, Texas anD flying to Dubai, UniteD Arab Emirates. DefenDant Niyomwungere tolD Mr. Rusesabagina that he was then going to boarD a private plane in Dubai to fly to Burundi, where he believed he was going to speak at churches anD public gatherings about his experiences with genociDe. 7. Unbeknownst to Mr. Rusesabagina, DefenDant Niyomwungere was a RwanDan government operative, anD DefenDant GainJet, which owns anD operates the private plane that Mr. Rusesabagina boarded in Dubai, has close ties with the RwanDan government anD PresiDent Kagame personally. In coorDination anD conspiracy with RwanDan
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