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Rapport Rwanda EN.Indd RWANDA The arrest of father Guy Theunis An investigation of the charges, the legal action and possible reasons November 2005 Reporters Without Borders International Secretariat 5, rue Geoffroy Marie 75009 Paris-France Tél. (33) 1 44 83 84 84 Fax (33) 1 45 23 11 51 E-mail : [email protected] Web : www.rsf.org Dialogue, a Rwandan-Belgian magazine Dialogue was founded in Rwanda in March 1967 by a priest, Jean Massion. Today it prints about 2,000 copies, comes out every two Belgian Catholic priest and former editor months and describes itself as dealing with “so- Fr. Guy Theunis has been held in Kigali’s main cial, economic, political, cultural, religious and prison for the past two months for supposedly other problems of special concern to Rwanda inciting ethnic hatred and denying the coun- and sees them from a Christian perspective, try’s genocide. His defenders say he is really in without being an organ of the Church.” prison for exposing human rights violations by After the genocide and a few months when it the ruling Rwandan Patriotic Front (FPR). did not appear, its staff, most of whom had fl ed the country, relaunched the magazine in Brus- A Reporters Without Borders team visited the sels, where it has been produced ever since country from 30 September to 7 October to and sent to subscribers in Rwanda and other investigate the case of the 60-year-old mem- countries. ber of the Missionaries of Africa Society (also Sen. Antoine Mugesera worked for Dialogue known as the White Fathers), who is former until 1995, when he resigned, accusing it of editor of the Rwandan magazine Dialogue and printing extracts from the extremist magazine lived in Rwanda from 1970 until 1994. The Kangura in its issue no. 182. Since then, he team was able to see him in prison and meet has been fi ghting through offi cial channels to the main prosecution witnesses from his 11 get the magazine returned to Rwanda. Its staff September hearing before a grassroots gacaca decided it was not possible to return, for se- court, which on 11 September, when he was curity reasons. The FPR senator then seized declared a prime genocide suspect (a planner the magazineʼs publishing fi rm, ASBL, and in or inciter). April 2004, 10 years after the genocide, a ver- sion of the magazine was launched in Kigali. Reporters Without Borders also talked to one A second issue appeared in July. Since then, of his two lawyers and to diplomats, local and two versions of Dialogue – one in Brussels foreign journalists, religious offi cials and hu- and one in Kigali, each with exactly the same man rights leaders. layout – have been appearing. Their content, however, is different. A chance arrest Theunis reminded him he had not worked for the magazine for nine years but promised to pass on the message to the magazine’s staff in Theunis took part in a conference on “non-vio- Brussels. The conversation was interrupted by lent communication” in Kinshasa, Democratic Blanchard, who wanted to drive Theunis to the Congo, in August, and was then asked by col- airport to catch his fl ight to Brussels at 19:50. leagues to go to Kalemie, in southeastern Con- Theunis checked in his bags, passed through go, where he led a similar discussion. But sev- immigration and went to the boarding area. At eral plane crashes during the summer meant around 19:00 a hostess called out for “Mr Guy” there was a shortage of aircraft, so instead of and Theunis presented himself. He was asked returning to Kinshasa, he went to Kigali to get to come with his things to the airport security a plane back to Belgium. offi ce, where an arrest warrant for “incitement to genocide” was served on him. Theunis man- He got to Kigali late on 5 September and spent aged to phone Blanchard to say he was being the night at the Centre for the Teaching of Af- held by security offi cials. Around 23:00, he was rican Languages (CELA), where the White taken to Remera police station, where he spent Fathers live. The next day, he visited friends a restless night after being roughed up by po- around the city and went with the White Fa- lice. “I couldn’t sleep because of worry and the thers’ superior in Rwanda, Fr Henri Blanchard, mosquitos,” he said (1). to see new neighbourhoods in Kigali. In the late afternoon, Antoine Mugesera, a former He was told on 8 September that he was go- FPR offi cial who used to work on Dialogue and ing to be taken before a court, but was simply is now an FPR senator, came to CELA to see taken instead to Kigali’s main prison (PCK or Theunis and told him he wanted Dialogue and “the 1930”). its publishers, ASBL Dialogue (see box) to re- turn to Rwanda. (1) RWANDA The arrest of father Guy Theunis: An investigation of the charges, the legal action and possible reasons An investigation of the charges, Theunis: The arrest of father Guy Conversation with Reporters Without Borders at Kigali prison on 4 October 2005 2 Several witnesses gave evidence that Theunis had taken part in genocide. One said he had been seen in April 1994 with Rwandan army offi cers who were “looking for people” in the Sainte-Famille parish, in Kigali. But Theunis had left the country before these events took place. One foreign observer recognised one of the witnesses as a communications offi cer from the gacacas department of the justice ministry who did not even know Theunis. TTwowo rrivalival vversionsersions ooff DDialogueialogue aarere pproducedroduced oonene iinn BBrusselsrussels ((left),left), oonene iinn KKigaliigali ((right)right) Five prosecution witnesses, who knew each Theunis is being held in reasonable physical other and some of whom met several times conditions by Rwandan standards and wears since the arrest of Theunis, played a key part a pink prisoner’s uniform, has his own cell and in the hearing. is visited daily by the White Fathers, who bring him food. Relations with the other prisoners One of them was Antoine Mugesera, who knew are helped because he speaks the local lan- Theunis well from working on Dialogue and the guage, Kinyarwanda, fl uently. He spends his related association of the same name. After day praying, reading and talking with other leaving Rwanda in 1990, just before the war prisoners. He listens to the radio, where he broke out, he joined the FPR and became a hears about the international campaign for his political offi cial in charge of planning. He re- release. “I feel a bit like in a parish here,” he turned to Rwanda after the genocide and is says. “A different kind of one, but maybe I’m now an FPR senator after heading Ibuka (“Re- here because I have a new mission. Anyway, member”), a government-sponsored group de- that’s what the other prisoners think,” he told fending survivors of the genocide. In 1995, he Reporters Without Borders. “I write to my fam- strongly opposed Theunis, who was then run- ily each day and have lots of visitors.” (2) ning Dialogue (3) from Brussels. He denied attending the hearing to give evi- The gacaca court and the charges dence against Theunis and said he only testi- against him fi ed because Theunis had criticised him in his own evidence (4). He blamed Theunis for pub- lishing extracts from the extremist Hutu paper The Rugenge (Kigali) district gacaca, president Kangura before the genocide and continuing to over by Judge Raymond Kalisa, began hear- do so afterwards. He said Theunis used the ing the case against Theunis on 11 September. The priest was accompanied by two policemen and about 600 people watched the seven-hour hearing, which featured a dozen prosecution witnesses who claimed Theunis had incited hatred and denied the genocide. The wit- nesses were not living in Rugenge at the time of the offences and most were not even living in Rwanda in April 1994. The only defence wit- ness, whose evidence was not recorded by the court, was Alison DesForges, a special adviser with Human Rights Watch. Before the hearing began, one prosecution wit- ness, Jean-Damascène Bizimana, handed out a fi le to the nine judges and to senior offi cials present. Theunis, DesForges and foreign jour- nalists present were not allowed to see it. GGuyuy TTheunisheunis aatt hhisis ggacacaacaca ttrialrial oonn 1111 SSeptembereptember 22005005 (2) Conversation with Reporters Without Borders at Kigali prison on 4 October 2005 (3) Mugesera accused Theunis in a letter in spring 1995 of publishing extracts from an extremist Hutu paper, Kan- gura, in a press roundup put out by the Dialogue group. Theunis replied on 14 June, saying why he had printed the extracts. Mugesera said again on 20 August that he disagreed. (4) RWANDA The arrest of father Guy Theunis: An investigation of the charges, the legal action and possible reasons An investigation of the charges, Theunis: The arrest of father Guy Conversation with Reporters Without Borders, in Kigali, 3 October 2005. 3 copy of these faxes, but Ndahiro and the judg- es refused. (6) The third prosecution witness, Jean-Damas- cène Bizimana, is a former White Fathers semi- narian who studied philosophy and spent two years in Mali before being trained as a theolo- gian in France. He then left the Catholic Church and joined the pro-justice group RCN Justice and Démocratie (founded in October 1994). He also teaches international law at the basic rights research centre at Kigali Free University.
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