Integrated Regional Information Network (IRIN): Rwanda

U.N. Department of Humanitarian Affairs

Integrated Regional Information Network (IRIN) Rwanda

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RWANDA: UN HUMANITARIAN COORDINATOR'S WEEKLY BULLETIN 96.8.5...... 3

RWANDA: AMNESTY INTERNATIONAL: SHARP INCREASE IN KILLINGS 96.8.12...... 6

RWANDA: USAID/OFDA SITUATION REPORT #2 FY 1996 96.8.9...... 9

RWANDA: PRESS COMMUNIQUE OF THE GOVERNMENT OF RWANDA 96.8.10...... 19

RWANDA: ICTR INDICT THEONESTE BAGOSORA AND ANDRE NTAGERURA 96.8.13...... 21

RWANDA: AMNESTY FEARS FOR THREE JOURNALISTS 96.08.08...... 23

RWANDA: UN HUMANITARIAN COORDINATOR'S WEEKLY BULLETIN 96.8.19...... 27

RWANDA: FRENCH COURT REJECTS SUIT AGAINST RIGHTS ORGANIZATIONS 96.9.6...... 29

RWANDA: UN SECURITY COUNCIL LIFTS ARMS RESTRICTIONS ON RWANDA 96.9.11...... 32

RWANDA: AFRICAN RIGHTS PRESS RELEASE ON JEAN-PAUL AKAYESU 96.9.24...... 34

RWANDA: GENOCIDE: ABUSES AGAINST WOMEN (HRW AND FIDH) 96.9.24...... 54

RWANDA: MINISTRE DES AFFAIRES ETRANGERES SUR SUD-KIVU 96.9.17...... 58

RWANDA: UNHCR EXCLUDES 20 RWANDANS FROM REFUGEE STATUS 96.9.24...... 61

RWANDA: PRESS BRIEFING BY JUDGE GOLDSTONE, PROSECUTOR OF ICTR 96.9.30...... 63

RWANDA: WFP SEED CAMPAIGN KICKS OFF IN RWANDA 96.10.4...... 67

RWANDA: ICTR: INITIAL APPEARANCE OF OBED RUZINDANA 29 OCT 96 96.10.29...... 69

RWANDA: AMNESTY INTERNATIONAL: "FI002 97 UNFAIR TRIAL" 97.1.13...... 71

RWANDA: UN PRESS RELEASE ON INCIDENT IN GISENYI 97.1.15 (FWD)...... 75

RWANDA: STATEMENT FROM THE UN RESIDENT COORDINATOR 97.1.20...... 77

RWANDA: ICRC NEWS - REFUGEES RETURN TO KAMEMBER 97.1.22...... 79

RWANDA: INTERNATIONAL NGO STATEMENT ON ATTACKS IN RWANDA 97.2.11...... 81

RWANDA: IRIN SPECIAL FEATURE ON RWANDAN TRIALS 19 FEB 97 97.2.19...... 82

1 CONFERENCE ON PEACE, GENDER AND DEVELOPMENT HELD IN KIGALI...... 89

RWANDA: ICTR TRIAL OF RUTAGANDA POSTPONED UNTIL 18 MARCH 97.3.6...... 91

RWANDA: AMNESTY INTERNATIONAL "UNFAIR TRIAL" 97.6.2...... 93

RWANDA: AMNESTY INTERNATIONAL "DEATH PENALTY/UNFAIR TRIAL" 97.6.3...... 98

RWANDA: TWO WFP STAFF SHOT DEAD 18 JUN 1997 97.6.18...... 105

RWANDA: WFP NEWS RELEASE 97.8.1...... 107

RWANDA: AMNESTY INTERNATIONAL - MASSACRES OF UNARMED CIVILIANS...... 110

RWANDA: HRW CONDEMNS REFUGEE MASSACRE IN GISENYI 26 AUGUST 1997 97.8.26....113

RWANDA: AMNESTY INTERNATIONAL REPORT (SUMMARY) 25 SEP 97 97.9.25...... 117

RWANDA: UNHRFOR REPORT JULY-AUGUST 1997 2 OCT 97 97.10.2...... 119

RWANDA: WFP NEWS RELEASE 22 OCT 97 97.10.22...... 124

RWANDA: STATEMENT BY THE HIGH COMMISSIONER FOR HUMAN RIGHTS 97.12.8...... 126

RWANDA: UNHCR CONDEMNS "BARBARIC" ATTACK AT MUDENDE 97.12.12...... 128

RWANDA: AMNESTY INTL: "THE DEAD CAN NO LONGER BE COUNTED" 97.12.19...... 130

RWANDA: HUMAN RIGHTS WATCH - FIDH URGE MUDENDE INVESTIGATION 97.12.19.....133

RWANDA: ICTR UPDATE 005 15 JANUARY 1998 98.1.15...... 135

RWANDA: UNHCR EVACUATES REFUGEES FROM NORTHWEST 98.1.23...... 137

RWANDA: ICTR PRESS RELEASE - ATTEMPTED SUICIDE OF HASSAN NGEZE 98.1.26...... 139

RWANDA: AMNESTY INTL ACCUSES UGANDAN PRESIDENT 98.1.26...... 141

RWANDA: ICTR PRESS RELEASE ON RUTAGANDA TRIAL 98.3.3...... 144

RWANDA: AMNESTY DESCRIBES "ALARMING DISAPPEARANCES" 98.3.13...... 146

RWANDA: THREE ACT-LWF STAFF MEMBERS KILLED IN RWANDA 98.3.13...... 149

2 Date: Thu, 08 Aug 1996 23:01:51 +0300 (GMT+0300) From: UN DHA IRIN Subject: Rwanda: UN Humanitarian Coordinator's Weekly Bulletin 96.8.5

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OFFICE OF THE UN HUMANITARIAN COORDINATOR c/o UNDP B.P. 445 Kigali Rwanda

Tel: +250 73316 Fax: +250 73360 e-mail: [email protected]

RWANDA WEEKLY BULLETIN 31 July to 5 August 1996

Repatriation to Rwanda

In the month of July, UNHCR reports that there were 2,672 returnees, of which 1,033 were old caseload and 1,639 were new caseload. This is the lowest amount of returnees since the beginning of the year. Of the total of 2,672 returnees, 1,422 came from Zaire, 609 from Burundi, 453 from Uganda, and 188 from Tanzania.

In addition, there was a total of 15,101 Rwandan refugees forcefully repatriated from Burundi, nearly all in the period 19 to 23 July. These returnees have now been transported by UNHCR and IOM from the transit centre in Butare Prefecture to their home communes. Among the group were 154 unaccompanied children. Care for these children and tracing of family members was carried out by ICRC, SCF(UK) and Concern. By the end of July, family members had been found for over half of the unaccompanied children.

Almost 2,800 Rwandan refugees voluntarily repatriated from Burundi to Rwanda between 1 and 4 August. The majority of these refugees arrived on 1st and 2nd August, with numbers falling off considerably after these dates. These refugees came from Magara camp in Burundi where following meetings between UNHCR staff, local authorities and refugee leaders, a

3 sensitization effort for voluntary repatriation started on the 29th July. The population of Magara camp had risen from 42,000 to 53,000 when more than 11,000 refugees fled there following the closure and forced repatriation from Kibezi and Ruvumu camps in Burundi.

Refugees from Burundi and Zaire

Refugees from Burundi have continued to arrive in small numbers to Cyangugu Prefecture, bringing the total number of refugees at the Bugerama Communal office to 3,734 as of 31 July. These refugees first began to arrive in Rwanda on 28 June. A more permanent site for the refugees has not yet been identified. WFP is providing food assistance to the refugees.

UNHCR reports that as of 31 July there were 15,875 Zairian asylum seekers in Rwanda, an increase of 232 over the figures for June. There are approximately 13,500 Zairian refugees at the Petit Barriere/Umubano refugee camp in Gisenyi. All the remaining refugees from the Nkamira transit centre have been transferred to the camp. WFP has provided the third round of general food distribution at the camp, with increased food rations for all refugees. The distribution was carried out by IFRC and the Rwandan Red Cross. MSF-Belgium and MERLIN are assisting with nutrition and health programmes respectively at the camp.

Prisons

During July, ICRC registered of 2,663 new detainees, mainly in temporary places of detention. This brings the total number of detainees registered by ICRC to 80,259 in 255 places of detention. ICRC reports that its medical teams are increasingly concerned by the effect of overcrowding on the health of detainees, particularly in the temporary places of detention, such as communal cachots.

FAO activities

FAO has approved two new projects under its Technical Cooperation Programme. One US$333,000 project will provide methodological assistance to the reorganizations of agricultural extension, while the other project, with a US$170,000 budget, will assist in relaunching the production of rural radio programmes.

UNDP Human Development Report

The 1996 UNDP Human Development Report will be launched by UNDP Kigali in collaboration with the National University of Rwanda in Butare on 8 August. UNDP plans to sponsor, also in collaboration with the National University, a study leading to a national human development report for Rwanda.

WFP Food Distribution

WFP has distributed 4,486 mts of food assistance to some 266,023 beneficiaries throughout the country in the month of July . Over 60% of these food assistance was channeled through

4 food-for-work and income-generating activities. The remainder was targeted at populations at risk, returnees in transit centres, refugees, and the malnourished.

New UNDP Resident Representative Arrives

Mr Omar Bakhet, the new Resident Representative of UNDP, arrived in Kigali on 5 August and assumed his duties. Mr Bakhet is also UN Humanitarian Coordinator and UN Designated Official for Security.

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[ENDS]

[This document is distributed via the UN Department of Humanitarian Affairs Integrated Regional Information Network. Tel: +254 2 441125; Fax: +254 2 448816; e-mail: [email protected]. The material contained in this communication may not necessarily reflect the views of the United Nations or its agencies.]

5 Date: Tue, 13 Aug 1996 09:12:27 +0300 (GMT+0300) From: UN DHA IRIN Subject: Rwanda: Amnesty International: Sharp Increase in Killings 96.8.12

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This News Service is posted by the International Secretariat of Amnesty International, 1 Easton Street, London WC1X 8DJ (Tel +44-71-413-5500, Fax +44-71-956-1157) ******************** AI INDEX AFR 47/17/96 12 AUGUST 1996

RWANDA: SHARP INCREASE IN KILLINGS COULD PLUNGE RWANDA BACK INTO A CYCLE OF VIOLENCE

While unarmed civilians continue to be massacred in Burundi at the hands of the security forces and armed groups, a similar pattern of alarming intensity is emerging again in neighbouring Rwanda, only two years after the genocide there which claimed as many as one million lives in 1994, Amnesty International said in a report issued today.

The first half of 1996 has been marked by an escalation in killings by members of the Rwandese Patriotic Army (RPA) and by armed opposition groups. Between April and July especially, violence directed against unarmed civilians, including women, the elderly, children and even babies, intensified, claiming more than 650 lives.

~Urgent action is needed to prevent a further spiralling of violence if Rwanda is to be saved from a repetition of its own recent past, or from becoming a mirror of the violence which is tearing apart neighbouring Burundi,~ Amnesty International said.

The victims may have been targeted because of their ethnic origin, because they were suspected of collaborating with ~the enemy~, because they have tried to expose the truth, or killed simply because they were in the wrong place at the wrong time.

6 ~Both the RPA and the armed opposition bear responsibility for these grave human rights abuses. Their respective responsibility for the killings should be exposed and measures taken to prevent further tragic violations of human rights,~ Amnesty International said.

The increase in attacks by armed opposition groups -- believed to be members or allies of the former Rwandese army and militia responsible for the genocide of 1994 -- has led to a parallel increase in extrajudicial executions of unarmed civilians by the RPA.

~In the present climate in Rwanda, each killing carries with it the real prospect of reprisal,~ Amnesty International said.

Soldiers have killed scores of people during military ~cordon and search~ operations. For example, on 5, 9 and 10 July 22 people were reportedly killed in Karago commune in Gisenyi. On 9 and 10 July around 100 others were killed in Giciye (Gisenyi) and Nyamutera (Ruhengeri). The victims were shot by RPA soldiers who reportedly suspected them of being infiltrators, even though they included children as young as 10 years old. At least 47 more were killed in Ramba commune (Gisenyi) on 13 July.

Members of the security forces have also killed several local officials. For example, Vincent Munyandamutsa, bourgmestre (district administrator) of Rushashi, and Floribert Habinshuti, assistant prosecutor of Rushashi, were among 18 people killed in Rural Kigali on 7 July.

~The RPA appears to be using the ~need to fight the enemy~ as a pretext for eliminating people whose presence or influence is perceived as a threat to the current government,~ Amnesty International said.

The human rights organization recognizes the need for the Rwandese Government to apprehend individuals who have been responsible for crimes against humanity and who continue to instil fear in the population. However, this should not provide government forces with a licence to use lethal force against unarmed civilians who pose no threat to life.

At the same time, armed opposition groups based in neighbouring countries continue to carry out deliberate and arbitrary killings of unarmed civilians in Rwanda. The victims have included vulnerable individuals such as the elderly, children and babies. They are almost always killed at night, often in their homes. Some of these killings are characterized by especially brutal methods.

On 27 June, 28 people, including several children, were killed in Giciye commune in Gisenyi. The victims were attacked with guns, grenades, machetes and clubs. Those who died included Tutsi survivors of the 1994 genocide and Tutsi refugees who had lived in Zaire for decades and returned recently to Rwanda.

However, in some instances, it seems likely that members of the RPA were in fact responsible for killings which were publicly attributed to opposition groups, as in the case of 46 detainees at the communal detention centre at Bugarama, in Cyangugu, who were killed with guns and grenades in the night of 19-20 May.

7 ~The Government of Rwanda has been quick to expose many of the recent killings as the work of armed opponents; in other instances it has claimed that civilians were caught in cross- fire between insurgents and the RPA. Yet evidence to substantiate these assertions is sometimes scarce,~ Amnesty International said.

~Independent investigations should be carried out to establish responsibility for each incident, unless there is incontrovertible evidence as to the identity of the perpetrators.~

Individuals inside Rwanda who denounce human rights violations by government forces are subjected to threats, arrests, and persistent intimidation. They are publicly branded as ~genocidaires~ or defenders of the militia allied to the former regime.

~The government is attempting to conceal the truth about human rights violations by its own forces. Those who dare to speak out are the first to suffer,~ Amnesty International said.

The absence of freely-available information about human rights violations by the RPA confirms a widely-held perception among some foreign governments, non-governmental organizations and media that human rights violations by the current government forces are negligible.

~The result is that the international community is consciously or unconsciously turning a blind eye to the emergence of another human rights crisis in Rwanda,~ Amnesty International said.

\ENDS

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For more information, please refer to Amnesty International~s Report, Rwanda: Alarming Resurgence of Killings (Index: AFR 47/13/96)

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8 Date: Tue, 13 Aug 1996 22:49:51 +0300 (GMT+0300) From: UN DHA IRIN Subject: Rwanda: USAID/OFDA Situation Report #2 FY 1996 96.8.9

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[IRIN Note: Sourced from HRNET.AFRICA with thanks.]

## author : [email protected] ## date : 07.08.96

------U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT

BUREAU FOR HUMANITARIAN RESPONSE (BHR) OFFICE OF U.S. FOREIGN DISASTER ASSISTANCE (OFDA)

RWANDA - Complex Emergency

Situation Report #2 Fiscal Year (FY) 1996 July 9, 1996

Note: The last situation report was dated March 18, 1996.

Overview

On April 6, 1994, a mysterious plane crash in Kigali, the Rwandan capital, killed President Habyarimana of Rwanda and President Ntaryamira of Burundi. Genocidal killings, orchestrated by the Armed Forces of Rwanda (FAR) and the Hutu militia, called the Interahamwe, ensued. At the same time, a civil war broke out between the FAR and the Rwandan Patriotic Front (RPF). The RPF declared victory on July 20, and established a new government on July 21. Before the war ended, however, approximately 2 million Rwandans had fled the country and another 2 million persons were left internally displaced (IDP). At least 500,000 died in the violence.

In the last three months, the repatriation of almost 1.7 million Rwandans from refugee camps in neighboring countries has dropped to the lowest level since July 1994, despite efforts by the United Nations High Commissioner for Refugees (UNHCR) and the Government of Rwanda (GOR) to encourage all Rwandans to return. At the same time, insecurity inside

9 Rwanda, especially along the Zairian border, has seriously increased. Land mine explosions and attacks have occurred in all western prefectures in recent months. Members of the Interahamwe and the ex-FAR are part of the refugee population and are suspected of involvement in recent attacks on Rwandan officials and civilians, and of intimidating Rwandans in the refugee camps. The ex-FAR allegedly conducts military training near refugee camps in Zaire and has pledged to retake Rwanda by force, if necessary. The GOR has announced its determination to prosecute any returnee suspected of involvement in the 1994 killings. The increase in violence in Burundi, in the Masisi and Rutshuru regions of Zaire, and the rise in insurgent attacks along the Rwandan border with eastern Zaire, add to regional instability.

Before April 6, 1994, Rwanda was the most densely populated country in Africa. The size of Maryland, it had a population of 8.1 million people. The population was composed of 14% Tutsi, 85% Hutu, and 1% Twa before the war. Since it gained independence from Belgium in 1962, Rwanda has been fraught with periods of politically motivated ethnic violence that has claimed the lives of thousands of people. However, no past violence compared to the genocide of 1994.

Numbers Affected

As of July 1, 1996, the UNHCR estimated that 1,684,645 million Rwandan refugees lived in the following countries: Zaire - 1,089,759; Tanzania - 531,983; Burundi - 88,296; and Uganda - 4,000. More than 5.5 million people inside Rwanda have been affected by the violence and its aftermath. In 1995, 240,388 Rwandan refugees repatriated from neighboring countries. Of this number, about 60% were "old caseload" refugees who had left Rwanda in 1959 or 1963, and 40% were "new caseload," who had fled the violence of 1994. Of 55,807 Rwandans returning in 1996 so far, 25,186 were from Burundi and 24,390 were from Zaire. Of the 1996 total to date, 66% were new caseload refugees. The number of repatriated refugees since April 1994 is estimated at 1,529,195, of whom 49% were new caseload refugees.

Total U.S. Government (USG) Humanitarian Assistance to Rwanda & the Rwanda Regional Crisis (FY 1994 to date)...... $542,178,688

Current Situation

Repatriation, security, and justice continue to dominate the GOR's agenda and affect the country's efforts at reconciliation and rehabilitation. At the heart of the GOR's security concerns are the refugee camps in neighboring Burundi, Zaire, Tanzania, and Uganda, and attacks by ex-FAR members.

The GOR views the 1.7 million refugees living near Rwanda's borders as a potential security threat because their established presence provides refuge for Interahamwe and ex-FAR members. The GOR supports repatriation so as to hasten national reconstruction, to isolate the intimidators, and to reduce the security threat. Official efforts at repatriation have nevertheless failed to encourage large numbers of Rwandans to return. Repatriation rates in the

10 last three months have been the lowest ever. The ex-FAR and militias employ effective propaganda and intimidation tactics in the camps to influence refugee opinion and inhibit repatriation.

The GOR suspects that refugee insurgents are responsible for a series of attacks and explosions in northwestern and southwestern Rwanda that have occurred regularly this year, and believes the attackers are trying to disrupt security to discourage refugees from repatriating. Repatriation rates in March through May sank, while regional violence rose. On July 5, the United Nations (U.N.) Human Rights Field Operation in Rwanda (HRFOR) received reports of at least 98 attacks against genocide survivors or witnesses to the genocide in the first half of the year. More than one-third of the cases were reported in June. Seven of the fatal attacks involved Rwandan government officials.

In April, HRFOR reported 174 killings in 45 incidents, with 157 of the killings occurring in the four prefectures bordering Zaire. About 124 of victims are believed to have been killed by members of the RPA or other state agents, and 14 by ex-FAR or Interahamwe, according to HRFOR. On April 4, approximately 34 persons were killed in Rutsiro Commune, Kibuye Prefecture, in a clash between the RPA and presumed insurgents. On April 10-11, approximately 40 persons were killed in and near a detention center in Satinskyi Commune, Gisenyi Prefecture, in ambiguous circumstances. HRFOR has questioned the RPA's account of the deaths of 46 detainees in Bugurama detention center on May 18-19.

An HRFOR inspection of the site of alleged attack by armed persons did not find evidence of firing or grenade explosions on the exterior of the detention walls, as the RPA had claimed.

In March and April, electrical pylons were destroyed in the region around Cyangugu, and explosives destroyed a bridge in Gatare Commune. There were also reports of continual nightly shooting and mortar fire in areas close to Idjwi Island. In late March in Gisenyi Prefecture, a judicial police inspector, the Prosecutor of Gisenyi and his assistant were assassinated by unknown persons in separate attacks.

Attacks by armed groups opposed to the GOR have hindered relief efforts by non- governmental organizations (NGOs) operating in Rwanda and in the refugee camps in eastern Zaire. Since January, 21 mines have exploded in Rwanda. The Rwandan Patriotic Army (RPA) has accordingly warned international agencies against travelling on dirt roads in the morning.

The international community remains concerned about the growing number of Rwandans under detention and the lack of progress in the establishment of the Rwandan judiciary. By mid-June, there were approximately 76,000 detainees registered by the International Committee of the Red Cross (ICRC) in 259 places of detention in Rwanda. GOR authorities are arresting and detaining 800 to 1,000 suspects a week, the majority accused of involvement in the genocide. In the 13 central prisons, 49,557 people are in spaces originally designed for 25,000. The remainder are in outside holding centers or communal jails, which are at least twice above their original capacity. Few detainees have been formally charged. More than 200 have died.

11 On April 19, the remaining members of the UNAMIR (U.N. Assistance Mission in Rwanda) peacekeeping force withdrew from Rwanda, following a Security Council announcement on March 9. UNAMIR strength in March stood at 1,230 soldiers and 146 military observers and staff. In early June, the GOR agreed to the appointment of a UN representative for a new office, the U.N. Office for Rwanda (UNOR). As the successor to UNAMIR, UNOR will serve as an advisory and coordinating agency, and is expected to open shortly in Kigali.

The International Monetary Fund (IMF) reports that Rwanda's economy recovered by almost 40% in 1995, nearly bringing it back to its pre-war level. The IMF predicts that Rwanda will attain 5% real growth in 1996. Coffee experts reported that a critical labor shortage has stymied the full recovery of Rwandan coffee production.

Zairian Refugees

Violence in the Masisi region of North Kivu Province in Zaire during the last seven months has created a surge of Zairian refugees, mostly Tutsi in origin, to Rwanda (See map at end of report.). The roots of the violence are varied and deep. At the Congress of Berlin in 1885, the boundaries between what are now Zaire and Rwanda were established, leaving many Hutu and Tutsi Rwandans in North Kivu province. They became known as the Banyarwanda. Subsequently, three migrations occurred this century: from the 1920s to the 1940s, Rwandans were encouraged by the Belgians to emigrate to Zaire to provide labor; from 1959 to 1964, when Tutsis fled ethnic violence in Rwanda; and in 1994, when mainly Hutu refugees arrived in the wake of the RPF victory in Rwanda. During the twentieth century, Banyarwanda migrants became the dominant economic group in North Kivu. Much of the tension in the region arose between the Banyarwanda and the non-Banyarwanda groups, known as autochtones, indigenous Zairian ethnic peoples comprised of Hunde, Nande, Nyangu, and Tembo, among others. Underscoring the difference between the Banyarwanda and autochtones were Government of Zaire (GOZ) laws, passed in 1972 and 1981, that effectively denied citizenship to Banyarwanda who could not prove that their families had lived in Zaire before 1885.

Hunde and Banyarwanda Hutu began fighting in Masisi in March 1993. Thousands died before the Zairian armed forces (FAZ) intervened. In August 1995, the GOZ expelled 13,000 Hutu refugees from the Goma camps and threatened to close the camps and expel the nearly one million remaining Rwandan refugees by the end of 1995. The Zairian authorities later abandoned their threat, but since then members of the ex-FAR and Interahamwe have apparently sought to create an area of Hutu control in the Masisi region, directing renewed violence at the Banyarwanda Tutsi in the area. By December 31, 1995, 11,600 Zairian refugees had arrived at Rwanda's borders seeking safety.

The violence in the Masisi has uprooted thousands of Banyarwanda, most of them Tutsi, from North Kivu. In the first five months of 1996, approximately 25,000 North Kivu residents have sought asylum in Rwanda. On March 27, the GOR declared that persons fleeing the Masisi region of Zaire would no longer be considered old caseload Rwandan

12 returnees, but Zairian refugees. The refugees, who have always considered themselves Zairian, and not Rwandan, have recently begun fleeing to Uganda as well.

In April 1996, the GOZ sought to contain the violence in North Kivu by dispatching elite troops drawn from the Special Presidential Division (DSP), a military intelligence unit, and parachute commandos. Although the DSP achieved some success in restoring order, other members of the FAZ have either done nothing or, for lack of pay, have provided their services to one of the groups.

In April, the GOR Ministry of Labor and Social Affairs began construction of a refugee camp, originally called Petite Barriere and recently renamed Umubano, meaning "let us stay together." Because of its proximity to the border, UNHCR has not assisted in constructing the camp, but the organization is providing technical assistance and some funds to the ministry. NGOs are providing emergency relief services to the refugees, many of whom are arriving at the border in much poorer condition than the Rwandan refugees who live in the Goma camps. As of June 30, there were 12,466 Zairian refugees in Umubano and 1,180 at the Nkamira transit center in Gisenyi. The population in Nkamira will be sheltered at Umubano when construction is completed.

Political/Military Situation

GOR efforts to establish and enact procedures for processing suspects in the 1994 genocide are hampered by the difficulties of training judges, lawyers, and legal staff. Foreign dignitaries visiting Rwanda have expressed concern that lack of progress in reducing the national prison population has damaged the GOR's efforts to persuade Rwandan refugees to return, thereby slowing national rehabilitation and reconstruction. The GOR National Assembly is debating passage of a draft law that would establish four categories of criminal responsibility for the genocide: planners and executors of mass murder; those who killed fewer than 50 victims; those who caused serious bodily harm, and those who committed crimes against property. Another aspect of the proposed law, analogous to the plea bargaining system practiced in the U.S.criminal justice system, is the guilty plea and a confession program applicable to the second and third categories of guilt.

An international roundtable conference on Rwanda convened in Geneva on June 20-21. Donor nations pledged approximately $617 million in assistance, including $8.9 million from the USG, for a medium-term national development plan devised bythe the GOR for 1996 to 1998. The U.S. delegation, led by USAID Chief of Staff Richard McCall, commended the GOR's progress since 1995 and offered a new strategy to resolve the refugee issue. The strategy recommended refugee camp closures according to an established schedule, repatriation involving greater support to returnees in their home communes, and the relocation of those persons refusing repatriation to camps farther from the border.

Brian Atwood, USAID Administrator, announced on April 1 that the agency would provide $1 million to support HRFOR's operations in Rwanda. Four European Union (EU) countries have promised further support. HRFOR, with 89 staff throughout Rwanda, monitors human rights and seeks to establish close working relationships with local and central government

13 authorities in an effort to promote reconciliation. On April 2, Atwood and Emma Bonino, EU Commissioner for Humanitarian Affairs, visited Kigali, where they spoke to GOR officials and representatives of NGOs and multilateral organizations. The Administrator and Mrs. Bonino congratulated the GOR on the progress it had made since coming to power, but expressed concern about the slow rate of returnees, prison crowding, and the administration of justice.

John Shattuck, Assistant Secretary of State for Democracy, Human Rights and Labor, and Richard Bogosian, USG Special Coordinator for Rwanda and Burundi, visited Rwanda from May 8 to 11. Assistant Secretary Shattuck reaffirmed the USG's intention to provide funding and expertise to support the International Criminal Tribunal for Rwanda (ICTR), which was established by the U.N. Security Council in 1994 to prosecute those who committed genocide and other crimes against humanity. On May 14-15, Anthony Lake, National Security Advisor, and George Moose, Assistant Secretary of State for African Affairs, met in Kigali with senior GOR officials.

In response to the GOR's allegations that ex-FAR and Interahamwe members are receiving arms from foreign sources, the U.N. Security Council on April 23 extended the mandate for a commission of inquiry. The GOR has complained that the commission's existence is insufficient to affect the arms flows to the ex-FAR.

The ICTR has 50 staff members in Kigali. Twelve USG personnel, including investigators and prosecutors, have been seconded to Kigali since March to assist the Tribunal. The first trials of the Tribunal are scheduled to begin in Arusha, Tanzania, in July.

On December 12, the ICTR issued its first indictments, charging eight persons with genocide and crimes against humanity and naming three more suspects, held in Belgium, who had held positions in the previous Rwandan government. The ICTR has asked the Belgian Government to turn them over. To date they remain in Belgian detention, but have not been charged. Another Rwandan has been arrested in Switzerland. The ICTR issued indictments on February 19 to two Rwandans in Zambia. The Government of Zambia transferred them to Arusha in May, and soon after arrested, charged, and transferred a third Rwandan. Cameroonian authorities have arrested 10 Rwandans on suspicion of high-level involvement in the 1994 genocide. Extradition hearings in a Cameroon court of those arrested were adjourned and to date no hearings have been scheduled. Four of the 10 were charged, including a former FAR colonel, Theoneste Bagasora. He is also wanted by the GOR.

Repatriation Efforts

A summit on refugees in the Great Lakes Region was held in Tunis, Tunisia, on March 16-18. Organized by the Carter Center, it drew together Ugandan President Museveni, Zairian President Mobutu, Tanzanian President Mkapa, Rwandan President Bizimungu and Burundian President Ntibantunganya. The leaders reaffirmed the declaration that emerged from an earlier regional conference, held in Cairo in November 1995. It stated that the signatories' territories would not be used by armed groups to launch incursions into other countries; that they would act to curtail intimidation of refugees in camps within their borders;

14 that they would prevent military training and weapons delivery to militia groups among the refugees; that they would work to end inflammatory radio broadcasts across borders; and that they would place at the disposal of the International Tribunal all those indicted by the Tribunal. However, the signatories at Tunis refrained from committing their governments to any concerted action in the region.

>From March through mid-June, 8,292 refugees, 3,291 of them new caseload, repatriated from Zaire. The three month total for March through May was fewer than in February alone (7,606), and the monthly figures were the lowest since June 1995.

The number of Rwandans repatriating from Burundi dropped from 13,580 in February, to 1,024 in March, 1,206 in April, 1,965 in May, rising to 2,281 in the first half of June. The great majority of returnees were new caseload. The reason for the February figure was the closing of Mugano and Ntamba camps, in northeast Burundi. The Government of the Republic of Burundi (GRB) has announced its intention to consolidate the remaining 88,296 Rwandan refugees, now living in four camps, into one camp by July 1. (For more information, see the Burundi Situation Report.)

Only 13,060 Rwandans repatriated from Tanzania in 1995, which prompted a GOR delegation led by Prime Minister Rwigyema to visit Rwandan refugees in the Ngara and Karagwe regions on February 8-9. The prime minister and other officials encouraged the refugees to repatriate. Rwandan returnees from Tanzania rose from 329 in January, including 29 old caseload, to 1,441 for February, of whom 39 were old caseload. From March through mid-June, 535 Rwandans repatriated, 86 of them old caseload.

Of the 3,113 Rwandans who have returned from Uganda in 1996, all have been old caseload.

Relief Efforts

In January through March 1996, the GOR Ministry of Rehabilitation and Social Affairs (MINIREISO) conducted an evaluation of the NGO programs. It consisted of field visits and reviews of NGO files. In May, the GOR released a 185-page draft evaluation and sponsored a one-day workshop to review the evaluation with the NGOs, international organizations, and donors. The positive tone of the workshop reflected the greater cooperation and dialogue between the NGOs and MINIREISO, which contrasted to the GOR's decision last December to expel 38 NGOs.

Land allocation for returnees, especially in the northeast, has become a highly political issue, and has stalled the process of permanent resettlement. Many of the 771,490 old caseload refugees who returned to Rwanda since mid-1994 are living in the houses of the approximately 1.7 million new caseload refugees who remain outside the borders. The GOR has undertaken a program to resettle the old caseload who occupy new caseload housing. The reintegration plan envisions settling about 120,000 families into 240 new villages in all 11 prefectures. As of mid-May, 12 village sites had been surveyed, resettlement had begun on one site, and four shelters had been partly-built.

15 The agriculture and health sectors are recovering. Most of Rwanda's 250 health centers and some of the 36 hospitals are operating, and morbidity and malnutrition rates among children have sunk to pre-war rates. Seed and tool distributions in January and February, partly funded by BHR/OFDA, covered most of the 143 Rwandan communes in need of assistance. Food is increasingly available at markets throughout the country, although many Rwandans' limited purchasing power restricts their ability to buy food. The U.N. World Food Program (WFP) is providing food on a targeted monthly basis to about 350,000 Rwandans.

USG Assistance

In response to the genocide and violence that followed the events of April 6, 1994, U.S. Ambassador David Rawson declared a disaster in Rwanda on April 28, 1994. On October 7, 1994, and again on October 2, 1995, Ambassador Rawson issued a disaster declaration for FY 1995 and FY 1996, respectively, in recognition of the continuing crisis in Rwanda. The new U.S. ambassador, Robert Gribbin III, assumed his post on January 9.

In FY 1994 and FY 1995, the USG provided more than $557.6 million to U.N. agencies, NGOs, and international organizations (IOs) to operate relief programs. In FY 1994, the U.S. Department of Defense (DOD) airlifted emergency relief supplies for U.N. agencies, the ICRC, and many NGOs.

In FY 1996, BHR/Food for Peace (BHR/FFP) has programmed $58.3 million worth of commodities (100,000 Metric Tons) for the Rwanda regional crisis; this assistance helps displaced persons and refugees in Burundi, Rwanda, Zaire, and Tanzania. USAID's Africa Bureau (AFR) also committed $1 million to HRFOR and $500,000 to the ICTR. BHR/OTI contributed $254,616. BHR/OFDA contributed $880,745 to IRC and AICF/USA for primary health care and water systems rehabilitation programs in southern Rwanda.

While the emergency needs of the Rwandan crisis have been addressed, continued assistance is necessary to support reintegration and the recovery process. In this transition from emergency to longer-term assistance, USAID/Rwanda has been focusing its program on physical and technical support of GOR ministries, particularly the Ministry of Justice (MOJ). BHR/OTI funds a judicial advisor who works with the MOJ in developing an operable judiciary. For FY 1995, AFR committed $13.6 million from the Development Fund for Africa and the Economic Support Fund toward these efforts, including vehicles and computers already in use by the GOR.

BHR/Office of Transition Initiatives (BHR/OTI) is sponsoring a program that provides small grants to indigenous women's groups in an effort to lend greater support to the large number of households headed by single-women.

FY 1996 HUMANITARIAN ASSISTANCE Rwanda Specific: BHR/OFDA

16 Grant amendment to International Rescue Committee (IRC) for water systems rehabilitation and primary health care in Cyangugu prefecture...... $1,125,439 Cost extension to AICF/USA water systems rehabilitation and primary health care in and near Butare ...... $96,306 Total BHR/OFDA Assistance...... $1,221,745

BHR/FFP Please see Rwanda Regional Crisis Assistance.

BHR/OTI Support for ICTR...... $1,240,000 Support for U.N. HRFOR...... $254,616 Total BHR/OTI Assistance ...... $1,494,616

AFR Support for U.N. HRFOR ...... $1,000,000 Support for ICTR ...... $500,000 Total AFR Assistance ...... $1,500,000

USG FY 1996 HUMANITARIAN ASSISTANCE TO RWANDA...... $4,216,361 (Note: USAID/Rwanda obligated an additional $6,000,000 in FY 1996 for development activities in Rwanda. These are calculated independently from humanitarian assistance funds.)

The Rwanda Regional Crisis: BHR/FFP Contribution of Public Law 480 emergency Title II commodities to World Food Program...... $58,276,400 Total BHR/FFP Assistance ...... $58,276,400

State/Bureau for Population, Refugees, and Migration (PRM) Contribution to UNHCR for the Rwanda/Burundi special appeal...... $30,000,000 Total State/PRM Assistance...... $30,000,000

TOTAL USG FY 1996 HUMANITARIAN ASSISTANCE FOR THE RWANDA REGIONAL CRISIS...... $87,935,400

USG FY 1995 HUMANITARIAN ASSISTANCE Rwanda Specific: BHR/OFDA Assistance...... $25,607,933 BHR/FFP Assistance ...... $15,661,300 BHR/OTI Assistance ...... $2,387,422 USAID/Rwanda Assistance...... $1,447,611 Total FY 1995 Humanitarian Assistance to Rwanda. . . .$45,104,266 (Note: USAID/Rwanda obligated an additional $13,600,00 in FY 1995 for development activities in Rwanda. These are calculated independently from humanitarian assistance funds.)

17 The Rwanda Regional Crisis: (Note: Given the regional nature of the Rwanda crisis, refugee assistance and some food aid has been targeted to the Rwanda region and benefits displaced persons and refugees in Rwanda, Zaire, Burundi, and Tanzania.) BHR/OFDA Assistance...... $79,215 BHR/FFP Assistance ...... $112,441,800 State/PRM Assistance ...... $93,890,699 Total USG FY 1995 Humanitarian Assistance for the Rwanda Regional Crisis . $206,411,714

USG FY 1994 HUMANITARIAN ASSISTANCE Rwanda Specific Assistance ...... $73,313,676 Rwanda Regional Crisis Assistance...... $125,197,271

USG FY 1994, 1995 & 1996 HUMANITARIAN ASSISTANCE Total USG FY 1994, 1995 & 1996 Humanitarian Assistance for Rwanda ...... $122,634,303 Total USG FY 1994, 1995 & 1996 Humanitarian Assistance for the Rwanda Regional Crisis ...... $454,797,685

[ENDS]

18 Date: Wed, 14 Aug 1996 14:59:50 +0300 (GMT+0300) From: UN DHA IRIN Subject: Rwanda: Press Communique of the Government of Rwanda 96.8.10

Sender: [email protected] To: [email protected] (Multiple recipients of UN DHA IRIN Wire Service) Reply-to: [email protected] MIME-version: 1.0 Precedence: bulk X-To: [email protected]

Republic of Rwanda Ministry of Foreign Affairs And Cooperation P.O. Box 179 Kigali

Office of the Minister

Press Communique of the Government of Rwanda

1. The Government of Rwanda informs once again the International Community that in conformity to conclusions made by the Heads of State of the Great Lakes Region on 31st July 1996, the border between Rwanda and Burundi is closed with effect from 9th August 1966.

2. The Government of Rwanda informs the International Community and the Rwandese refugees in Burundi that subsequent measures for their repatriation have been taken into consideration. All refugees are requested to contact the UNHCR which will assist them to cross the border and help them get into their prefectures, communes and sectors of origin.

3. The Goverment of Rwanda renews its appeal to the UN and other International Organisations and NGOs to mobilise their efforts in assisting refugees in their repatriation process.

The Government of Rwanda requests said organisations to bring to Rwanda the humanitarian aid such as food, medicial supplies and other necessities which was being given to same refugees in camps. The aid will continue to be distributed to the same people now in their home villages with concern of helping the Government to fight against famine in those areas receiving many refugees, who, did not plant their fields since they were still in exile.

The Humanitarian Aid Organisations now declare that they cannot continue providing aid to Rwandese refugees in Burundi because of economic sanctions now enforced on Burundi. Said

19 organisations are requested to bring the aid to Rwanda and assist the Government of Rwanda in the process of receiving refugees and protecting them from famine and sicknesses.

Done at Kigali on 10 August 1966

[Signed by] Dr. Anastase GASANA Minister of Foreign Affairs and Cooperation

[ENDS] [Transcribed by UN DHA IRIN.]

20 Date: Wed, 14 Aug 1996 17:49:41 +0300 (GMT+0300) From: UN DHA IRIN Subject: Rwanda: ICTR indict Theoneste Bagosora and Andre Ntagerura 96.8.13

Sender: [email protected] To: [email protected] (Multiple recipients of UN DHA IRIN Wire Service) Reply-to: [email protected] MIME-version: 1.0 Precedence: bulk X-To: [email protected]

UNITED NATIONS INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA Arusha International Conference Centre P.O. Box 6016, Arusha, Tanzania

PRESS RELEASE

Ref: ICTR/INFO-9-2-014 Date: Arusha, 13 August 1996

On 9 August 1996, Theoneste Bagosora and Andre Ntagerura, both detained in Yaounde, Cameroon, were indicted by the Prosecutor of the International Criminal Tribunal for Rwanda (ICTR). Judge Lennart Aspegren reviewed these two indictments, confirmed them, and delivered warrants of arrest against the accused.

The Registrar of the Tribunal, Dr. Andronico O. Adede has served the warrants of arrest and the indictments to the Cameroonian authorities.

Theoneste Bagosora is charged with genocide, crimes against humanity and violations of article 3 common to the Geneva Conventions and of Additional Protocal II.

This indictment charges Theoneste Bagorora with serious violations of humanitarian international law, committed throughout the territory of Rwanda, from January to July 1994, in the course of which thousands of men, women and children were killed and a great number of people injured.

Theoneste Bagosora was born on 16 August 1941 in the Republic of Rwanda. In June 1992 he was appointed Chief of Cabinet at the Ministry of Defense. He was still serving in this office on 6 April 1994 when the plane of the Rwandan President Juvenal Habyarimana crashed. Following the crash he assumed "de facto" control of military and political affairs in Rwanda.

21 Andre Ntagerura is charged with genocide, conspiracy to commit genocide, crimes against humanity and violations of article 3 common to the Geneva Conventions and of Additional Protocol II.

Andre Ntagerura was born on 2 June 1950 in the Republic of Rwanda. During the period referred to in this indictment, Andre Ntagerura was Minister of Transport and Communications and a prominent member of the ruling party, the Mouvement republicain pour la democratie et le developpment (MNRD) to which the Interahamwe militia was affiliated.

The transfer of the accused to the detention facilities in Arusha will take effect as soon as the President of Cameroon has authorized it.

[ENDS]

[Transcribed by UN DHA IRIN, Nairobi.]

22 Date: Wed, 21 Aug 1996 11:23:31 +0300 (GMT+0300) From: UN DHA IRIN Subject: Rwanda: Amnesty fears for three journalists 96.08.08

Sender: [email protected] To: [email protected] (Multiple recipients of UN DHA IRIN Wire Service) Reply-to: [email protected] MIME-version: 1.0 Precedence: bulk X-To: [email protected]

[IRIN note: forwarded from hrnet.africa with thanks]

+------+ + Paper reprints authorised. Electronic redistributors + + must request permission from Amnesty International. + + Contact: [email protected] (UK)+ + [email protected] (USA) + + [email protected] (Germany) + +------+

EXTERNAL AI Index: AFR 47/16/96 8 August 1996

UA 199/96 Fear for safety/Fear of ill-treatment/Arbitrary arrest

RWANDA Amiel Nkuriza, director of Intego and editor of Le Partisan Appolos Hakizimana, journalist at Intego Isaie Niyoyita, editor of Intego

Two journalists with the independent weekly newspaper Intego are in detention in the capital, Kigali, where Amnesty International fears they may be ill-treated. The organization is concerned that they appear to have been detained simply because of the peaceful expression of their opinions and because of their association with a newspaper perceived as critical of the government. A third man, the editor of the paper, has gone into hiding amidst rumours that he, too, is being sought by the authorities.

Amiel Nkuriza, director of Intego and editor of Le Partisan (another independent newspaper), was abducted on 6 August 1996 by four men, one in military uniform and three in civilian clothes, in the centre of Kigali. He is reported to be held in the buildings of the information services of the Prime Minister.

23 Appolos Hakizimana was arrested on 30 July 1996, near the bus station in Kigali. During a routine identity check, he presented a document stating that he worked for Intego. He was then insulted by the soldiers who accused him of being an interahamwe and accused his newspaper of being "pro-interahamwe" (the interahamwe are the militia allied to the previous government of Rwanda, responsible for the massacre of as many as one million people between April and July 1994). He was beaten by soldiers and taken to the Brigade at Muhima, where he is reportedly still held.

Isaie Niyoyita, editor of Intego and formerly editor of Le Messager (see below), is reported to have gone into hiding following the arrests of his colleagues. His whereabouts are unknown.

The arrests of Amiel Nkuriza and Appolos Hakizimana occurred after the authorities seized the latest issue of Intego in July and prohibited publication of future issues until further notice. It is thought that these moves were prompted by an article in the seized issue which was critical of certain government authorities, in particular of a government campaign whose stated intention is to raise awareness among the population of security risks posed by armed opposition groups close to the former Rwandese army. The article apparently implied that these awareness-raising efforts in fact resembled a terror campaign. It referred to a warning reportedly issued by the Minister of Interior who had stated that if one person were killed in a particular locality, all the residents of that locality would answer for it.

BACKGROUND INFORMATION

Several journalists in Rwanda who have been critical of the present government have been victims of human rights violations, including arrests, ill-treatment and attempted extrajudicial executions, as well as persistent harassment and intimidation. Along with other human rights activists, including members of local human rights organizations and judicial officials, journalists have been among the main targets of the government's attempts to repress criticism of its human rights record.

Journalists working for Intego have been particularly singled out for harassment because of what is perceived as the critical editorial line of the newspaper. Amiel Nkuriza has been arrested previously and was detained for one day, on 10 June 1996, after publishing an article about difficulties of cohabitation between the Hutu and Tutsi ethnic groups in the southern part of Rwanda. Joseph Akimana, another journalist of Intego, was beaten up by soldiers in mid June 1996.

Intego is the successor of the independent newspaper Le Messager. The editor of Le Messager, Edouard Mutsinzi, almost lost his life in February 1995 after being attacked by a group of men, some of whom wore military insignia. Isaie Niyoyita replaced Edouard Mutsinzi as editor of Le Messager before it was closed and forced to change its name following pressure from military authorities.

RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express/airmail letters in French or English or your own language:

24 - calling for the immediate and unconditional release of Appolos Hakizimana and Amiel Nkuriza unless they are to be charged with recognizable criminal offences;

- seeking assurances that they have access to lawyers, doctors and family members, that they are not being ill-treated and that their physical safety will be guaranteed;

- seeking assurances that Isaie Niyoyita, the editor of Intego, will be protected from human rights violations;

- calling for measures to ensure that other journalists will be protected from human rights violations, including arbitrary arrest and ill-treatment, and will be allowed to continue their legitimate professional activities, without fear of harassment or intimidation;

- expressing concern at the apparent pattern of increasing repression of critics of the government's human rights record and call for this repression to be stopped, in the interests of transparency and respect for human rights.

APPEALS TO:

Monsieur Pierre-Celestin RWIGEMA

[Salutation: Monsieur le Premier Ministre/Dear Prime Minister]Premier Ministre Presidence de la Republiqur BP 15, Kigali, Rwanda Faxes: + 250 83714 Telegrams: Premier Ministre, Kigali, Rwanda

Monsieur Jean-Pierre BIZIMANA

[Salutation: Monsieur le Ministre/Dear Minister] Ministre de l'Information et Porte-parole du gouvernement Ministere de l'Information BP 1532, Kigali, Rwanda Faxes: + 250 84607 Telegrams: Ministre de l'Information, Kigali, Rwanda

Major Wilson RUTAYISIRE

[Salutation: Monsieur le Directeur] Directeur, Office rwandais de l'Information (ORINFOR) Kigali, Rwanda Fax: + 250 76185 Telegrams: Directeur, ORINFOR, Kigali, Rwanda Colonel Alexis KANYARENGWE

[Salutation: Monsieur le Ministre/Dear Minister] Vice-Premier Ministre et Ministre de l'Interieur BP 446, Kigali, Rwanda

25 Faxes: + 250 84373; 83374 Telegrams: Ministre de l'Interieur, Kigali, Rwanda

PLEASE SEND COPIES OF YOUR APPEALS TO: Embassy of Rwanda, Uganda House, 58-59 Trafalgar Square, London WC2N 5DX. Fax: 0171 839 8925

AND, IF POSSIBLE, TO THE FOLLOWING:

General Major Paul Kagame Vice-President de la Republique et Ministre de la Defense Presidence de la Republique, BP 15, Kigali, Rwanda Fax: + 250 72431; 76969

PLEASE SEND APPEALS IMMEDIATELY. Please do not send appeals after 20 September 1996.

+------+ + If you have any queries about this Urgent Action or about + + the UA scheme in general, please contact: + + Ray Mitchell + + Amnesty International UK Section + + 99 - 119 Rosebery Avenue+ + London EC1R 4REemail: [email protected] + +------+

[ENDS]

26 Date: Fri, 23 Aug 1996 09:32:59 +0300 (GMT+0300) From: UN DHA IRIN Subject: Rwanda: UN Humanitarian Coordinator's Weekly Bulletin 96.8.19

Sender: [email protected] To: [email protected] (Multiple recipients of UN DHA IRIN Wire Service) Reply-to: [email protected] MIME-version: 1.0 Precedence: bulk X-To: [email protected]

OFFICE OF THE UN HUMANITARIAN COORDINATOR c/o UNDP B.P. 445 Kigali Rwanda

Tel: +250 73316 Fax: +250 73360 e-mail: [email protected]

RWANDA WEEKLY BULLETIN 13 to 19 August 1996

Repatriation from Burundi

UNHCR reports that from Thursday 1st August to Monday 19th August, there have been a total of almost 36,000 Rwandan refugees voluntarily repatriating from Magara camp in Burundi. Estimates of those now remaining in the camp are 14,000 or less. There has been no movement as yet from the second remaining camp in Burundi, Rukaramigabo, which has a population of over 12,000. UNHCR reports that this is highest level of organised return from any country of asylum since the exodus of 1994.

As of 20 August, there were some 12,000 people in the Musange Transit Centre who were due to be transported to their home communes. Transport for returning refugees and for movements from the transit centre to the communes is provided by UNHCR/IOM who are managing of fleet of 140 vehicles in Rwanda and in Burundi. Additional vehicles have been provided by other agencies, such as ICRC, to assist in the transportation.

27 In disturbances at Magara camp over the weekend, three refugees were wounded on Saturday 17 August. On the night of 17 August, three refugees were killed as they attempted to escape from the camp.

Human Rights Situation in July

In a recent report on the human rights situation for July, the UN Human Rights Field Operation in Rwanda (HRFOR) states that it received reports of the killings of 365 persons in 93 separate incidents during the month, which represents a very significant increase compared with earlier months. The majority of these killings (220) took place in Gisenyi Prefecture, which has seen a marked rise in insurgency activity by infiltrators or insurgents opposed to the Government of Rwanda. During July, 182 of the reported 365 killings occurred in the course of the counter-insurgency activities carried out by the RPA, mainly in the eastern communes of Gisenyi Prefecture.

Of the total of 365 people killed in July, 226 are alleged to be the responsibility of agents of the state, including members of the RPA. This represents a very substantial increase from previous months, with eight deaths in June, 62 in May and 124 in April attributable to agents of the state. (Note: not all these killings can be categorised as human rights violations.). The killings of 45 victims were alleged to be attributable to members of the ex-FAR, Interahamwe militia or other insurgents opposed to the Government of Rwanda. The perpetrators in the remaining 94 killings have not yet been identified. Circumstantial evidence, however, suggests that a number of these killings were perpetrated by insurgents opposed to the Government of Rwanda.

During the month of July, HRFOR received reports of an increasing number of attacks on local civilian officials, with 24 civilian officials reportedly killed, compared with eight reported killings in June and seven in May. Attacks on genocide survivors continued to occur during the month of July, with HRFOR receiving reports of the killings of 28 genocide survivors and witnesses to the genocide in 18 separate incidents. In some instances, genocide survivors moved from isolated areas to more central locations due to a heightened sense of insecurity.

Security

Reports indicate that on 17 August, grenades exploded in the market place of Nyakabuye, in the south-west of Cyangugu Prefecture, with 14 people being killed.

______

[ENDS]

28 Date: Tue, 17 Sep 1996 11:16:12 +0300 (GMT+0300) From: UN DHA IRIN Subject: Rwanda: French Court Rejects Suit Against Rights Organizations 96.9.6

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------Forwarded message ------Date: 6 Sept 96 From: [email protected] To: [email protected] Subject: Rwanda--French Court Rejects Suit Against Rights Organizations

6 Sept 96--On September 4, 1996, the first chamber of Tribunal de Grande Instance in Paris refused to hear a suit brought by the family of Juvenal Habyarimana, former president of Rwanda, against three international human rights organizations, Human Rights Watch (New York), the International Center for Human Rights and Democratic Development (Montreal) and the International Federation of Human Rights Leagues (Paris).

In 1993, these organizations, with the Interafrican Union of Human and Peoples' Rights, published a report on human rights violations committed in Rwanda since October 1, 1990. The report concluded that human rights had been massively and systematically violated, deliberately targeting an ethnic group and political opponents more generally. It showed the responsibility of the Rwandan authorities, including President Habyarimana himself, and the Interahamwe militia in massacres of Tutsi and moderate Hutu.

The report also described human rights violations of the Rwandan Patriotic Front (RPF). These four organizations where the only ones to investigate the behavior of the RPF at that time.

In a press release on January 22, 1993, the Commission described the massacres carried out by the Rwandan authorities as "acts of genocide". The genocide of 1994 was organized, on a much larger scale, generally in the same way as the massacres that had foreshadowed it.

29 At the beginning of 1994, just when the warming signs of the genocide were becoming increasingly apparent, Habyarimana decided to sue Human Rights Watch, the International Center for Human Rights and Democratic Development and the International Federation of Human Rights Leagues in the Tribunal de Grande Instance in Paris, asking 100,000,000 French francs ($20 million) for the damage done to his reputation. After Habyarimana's death in April 1994, his wife Agathe Kanziga, and his children continued the suit.

The three human rights organizations expressed satisfaction that the complaint had been rejected, believing that the decision of the French court marks an important step in the battle against revisionists who seek to erase the memory of the genocide and massacres carried out in Rwanda in 1994.

The hearing took place in Paris June 12, 1996. In its decision September 4, the Tribunal de Grande Instance ordered the Habyarimana family to pay 20,000 French francs ($4000) to each of the three associations to cover lawyers' fees and to pay court costs as well.

Human Rights Watch, the International Center for Human Rights and Democratic Development and the International Federation of Human Rights Leagues announced that they will use the funds to support their human rights activities in Rwanda.

Human Rights Watch /Africa 485 Fifth Avenue New York, NY 10017-6104 Tel: (212) 972-8400 Fax: (212) 972-0905 E-mail: [email protected]

Federation Internationale des Ligues des Droits de l'Homme 17 Passage de la Main d'Or Paris 75011 Tel: (331) 43 55 25 18 Fax: (331) 43 55 18 80 E-mail: [email protected]

Centre International des Droits de la Personne et du Developpement Democratique 63, Rue De Bresoles Montreal Quebec H271v7 Tel: 514 283-6073 Fax: 514 283-3792 E-mail: [email protected]

*************************************************************************

30 Gopher Address://gopher.humanrights.org:5000 Listserv address: To subscribe to the list, send an e-mail message to [email protected] with "subscribe hrw-news" in the body of the message (leave the subject line blank).

Human Rights Watch 485 Fifth Avenue New York, NY 10017-6104 TEL: 212/972-8400 FAX: 212/972-0905 E-mail: [email protected]

1522 K Street, N.W. Washington D.C. 20005 TEL: 202/371-6592 FAX: 202/371-0124 E-mail: [email protected]

[ENDS]

[Via the UN DHA Integrated Regional Information Network "Wire". The material contained in this communication may not be taken always to reflect the views of the United Nations or its agencies. UN DHA IRIN Tel: +254 2 441125 Fax: +254 2 448816 e-mail: [email protected] for more information. If you print, copy, archive or re-post this item, please retain this credit and disclaimer.]

31 Date: Wed, 18 Sep 1996 16:10:42 +0300 (GMT+0300) From: UN DHA IRIN Subject: Rwanda: UN Security Council lifts arms restrictions on Rwanda 96.9.11

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Document provided by ReliefWeb Source: UN Department of Public Information Date : 11 Sep 1996

______

Arms restrictions imposed on Rwanda Government ended.

The following statement was issued by the Chairman of Security Council Committee established pursuant to resolution 918 (1994) concerning Rwanda:

In accordance with paragraph 8 of Security Council resolution 1011 (1995) of 16 August 1995, the restrictions imposed by paragraph 13 of resolution 918 (1994) on the sale or supply of arms and related materiel to the Government of Rwanda were terminated effective 1 September. In this regard no notifications are required to be submitted by States of exports from their territories of arms or related materiel to the Government of Rwanda or by the Government of Rwanda of imports of arms and related materiel.

However, the above restrictions remain in effect against Rwanda, with a view to prohibiting the sale and supply of arms and related materiel to non- governmental forces for use in Rwanda, and all States shall continue to prevent the sale or supply, by their nationals or from their territories or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary police equipment and spare parts, to such non-governmental forces in Rwanda, or to persons in the States neighbouring Rwanda if such sale or supply is for the purpose of the use of such arms or materiel within Rwanda.

______

32 Email ReliefWeb at: ______

[ENDS]

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33 Date: Mon, 23 Sep 1996 18:17:59 +0300 (GMT+0300) From: UN DHA IRIN Subject: Rwanda: African Rights Press Release on Jean-Paul Akayesu 96.9.24

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African Rights

Tel: +44 171 717 1224 Fax: +44 171 717 1240

Press Release

Strictly Embargoed Until 00.01 HRS Tuesday 24 September 1996

For further information, contact:

Rakiya Omaar(O) (0171) 717 1224

Rwanda

Jean Paul Akayesu:

First Prosecution by the International Tribunal at Arusha, Tanzania

Jean-Paul Akayesu, the former mayor (bourgmestre) of Taba in Gitarama has made history. He will be the first defendant to appear before the United Nations International Criminal Tribunal for Rwanda. He is charged with crimes against humanity in connection with the 1994 genocide. His trial is scheduled to begin shortly in Arusha, Tanzania.

One of the most important killing centres in Taba was Akayesuís own office. Akayesu used his office to further the genocideóto verify the records of individuals suspected of being Tutsi,

34 to interrogate his would-be victims, to imprison those condemned to death, to carry out the murder of innocent people and to dump their bodies in mass graves situated nearby. Men, women and children were killed in his office as Akayesu watched, or worse still, gave the order himself. Churchmen, teachers, civil servants, peasants, doctors and students were taken out in groups or one-by-one and murdered in the compound of the office. Ironically, many of the Tutsis who died at the commune office were people who considered themselves Akayesuís friends. They went to the commune office in search of security; surrounded by armed communal policemen under his control, they were confident that Akayesu was not only willing, but able, to help them in their hour of need. Other victims did not know him personally, but looked to him as a powerful official who had the meansónot to mention the responsibilityóto protect people who placed their lives in his hands.

Akayesu had the eight men from Runda brought out to show the audience that he meant business.

He said he was going to show them who they had to begin with. That is how Akayesu opened the prison of the communal office and took out those eight men from Runda in the presence of the criminals. The criminals battered them to death with blows of the machete and of the massue, close to the cypress hedge which surrounds the office of the commune of Taba. It was about 10:00 a.m. when these men were killed.

Despite the persistent downpour and the cold of the night, Akayesu refused succour to his hostages, who were left to shiver as he wandered around wrapped in a warm jacket.

These people were in front of the office of the commune, begging Akayesu to protect them. Instead of protecting them or making the little children go inside the rooms, since the rain was falling, Akayesu chased everyone away, telling us to return to our homes. He knew very well that the militia had destroyed our houses. Some of them were afraid of Akayesu and went back to their homes. They were killed there immediately.

Whether the refugees stayed at the commune office or returned to their homes, there seemed no way to escape death. Many of those who met their end at the commune office included close relatives of BÈatrice.

The people who stayed at the office of the commune were also killed by the militia who Akayesu called. At the office of the commune, they killed my older sister, ThÈrËse Ugirimpuhwe; my husband's niece, Chantal Umurerwa; my mother-in-law, Margueritte Rusarati and her daughter-in-law, Esther Mukamunana and her children. They killed a lot of other Tutsis whose names I don't know. The bodies were buried at Kiryamo K'Inzovu near to the office of the commune. In these areas, the militia used to kill the Tutsis with machetes and massues. So they would not be killed with these things, the Tutsis used to come to the office of the commune to see if the militia would kill them with guns and grenades.

When the militia killed the Tutsis at the commune office, the bourgmestre, Akayesu, never said a word to prevent the massacre. But after the massacre, the bourgmestre used to gather together all the militia in his office to give them instructions. They used to leave the office

35 singing and going to kill the remaining Tutsis. That was what showed that Akayesu was supporting the genocidal killers". WHO SAID THIS?

Prisca Muhayemariya, 32, had left her home in Mbizi, sector Taba, to visit her sister-in-law in the maternity ward of Remera-Rukoma Hospital. She escaped the killings at the hospital and came to the commune office to look for her child.

At the office of the commune there were many other refugees. We were in the yard with our children. We had nothing to eat and the children were crying. Akayesu always used to tell the militia to kill us or to chase us from the yard at the office of the commune. After the words of Akayesu, the militia used to come and beat us. We ran everywhere in the bush or in the sorghum plantation. We could not even go and ask for water from the Hutu families. The authorities had forbidden the Hutu families from giving us anything. After we spent several days in the bush, we came back to the office of the commune to see if the militia could kill us with a rifle or a grenade instead of dying of hunger. Many children died from hunger. One day, I saw Akayesu and Silas Kubwimana gathering together the militia in the yard of the office of the commune. Then the bourgmestre told his militia not to leave anybody, when he talked he was using loud-speakers. They immediately rounded us up, my child wanted to go to the toilet, I took him and I ran. I went into someone's house and I refused to leave. Some other Tutsis, many of them were women and children, were taken to the football ground and killed with grenades in this place. No one was left.

ABOUT THE FRIENDS One of the men who believed that Akayesu would want to save him is Pierre Ntereye, a teacher and employee of the US Embassy. Albert Mutabazi, Akayesuís driver, watched Pierre die under the eye of his friend.

I saw Pierre Ntereye, a great friend of Akayesuís, in the dungeon. He had banged his leg. At the moment of killing him, the militia made him come out of the dungeon. He came out, limping with a stick. He was killed behind the primary school. While Pierre was being killed, the bourgmestre was in his commune office. Afterwards, the militia went to fetch Pierreís wife and she too was killed

Akayesu did not take long to sentence Gabriel to death.

Finally, the bourgmestre came out. The interahamwe presented my papers to him, saying that I had falsified them. The bourgmestre said I had nothing to discuss [with him]. He gave the order to throw me into the van that was going to Gacurabwenge. They put me in the van and undressed me. I knew that my death was approaching. They took my money. The bourgmestre was in the same van. When we arrived at the roadblock of Gacurabwenge, the interahamwe who were manning it applauded the bourgmestre, [saying] he had brought them a big fish. They made me get down and the bourgmestre told them how many Tutsis remained to be killed in order to finish the job. They told him that I was the only one who was left. Suddenly,

36 I was beaten with massues and I lost consciousness. My left eye was practically dug out by a gun. Afterwards, when I regained consciousness, towards midday, I [realised] I was in the latrine [in the home] of Mayeli, a Tutsi businessman who had died before the genocide.

Akayesu was arrested in Lusaka, Zambia, in October 1995, along with seventeen other genocide suspects. The arrests in Zambia constituted an important watershed; it was the first time an African country had arrested a Rwandese citizen for their role in the genocide. Akayesu was indicted by the International Tribunal in February 1996 and later flown from Lusaka to Arusha, to be held under the custody of the Tribunal. During the hundred days genocide of the Tutsi in Rwanda, Akayesu distinguished himself by the frenzy with which he sought his prey. Even by the standards of Rwanda in 1994, he went to extraordinary lengths to ensure the wholesale slaughter of the Tutsis of his commune, hunting them in every corner and encouraging Hutus to murder even their own grandchildren, nephews, nieces and in-laws. Akayesu made sure that nowhere was safe for Tutsis in Taba. They were abducted from and killed in their homes and in bushes, and murdered in hospitals, schools and government offices. Crisscrossing the whole region of Gitarama, he looked for them everywhere. There was to be no sanctuary; they were taken from the homes of relatives and friends and even from the bishopric of Kabgayi. Dressed in a military uniform and armed with a gun, Akayesu distributed grenades and machetes to the militia, wrote out lists of Tutsis to be killed and led bands of killers as they went in search of victims. Some victims died at the hands of Akayesu. He gave incendiary speeches that were intended to make the Hutu population kill Tutsis as a form of self-defence. He converted his office into a compound where Tutsisóincluding some of his own friendsówere interrogated, murdered, and later dumped in mass graves close to the commune office. He even recruited children as look-outs, giving them whistles to blow when they saw a Tutsi. He requested the "extradition" of Tutsis who had taken refuge in other communes of Gitarama, visiting these communes to ensure their forcible return to Taba, where they were murdered.

Prior to his appointment as bourgmestre, in April 1993, Jean-Paul Akayesu, 43, was inspector of schools for Taba. Previously, he had been a teacher at Remera-Rukoma, at the Ecole Technique FÈminine. Subsequently, he became a teacher at the primary school in Remera-Rukoma. His wife, Suzanne Mukandinda, was a nurse at Remera-Rukoma Hospital. Akayesu fled Rwanda at the end of June 1994, just before the Rwandese Patriotic Front (RPF) took control of Taba. He first escaped to the sous-prÈfecture of Nyabikenke in Gitarama, from there to Zaire, then to Zambia.

Setting Taba on Fire: Inciting Frenzy and Murder

Akayesu told us: 'The Tutsis are going to return to the throne. From now on, you Hutu should know that your enemies are the Tutsi. Because of that, it is necessary to begin to massacre all the Tutsis without mercy, so that when the soldiers from the RPF arrive, they won't find a single Tutsi who was in this country. I repeat, your enemies are the Tutsi. You should no longer consider the political parties'."

37 I heard Akayesu saying: 'What have you done up until now? You are just looting houses and eating the Tutsis' cows, but not killing them. You are going to also begin to kill the Tutsis. Do you know that the other sectors have begun killing?' Akayesu continued on his way; the supporters of MDR Power stayed behind to incite the people to kill the Tutsis.

The massacres of the Tutsi began in our commune past the middle of April. The order to kill them was given by the bourgmestre, Jean-Paul Akayesu, who said that the Tutsi had been plotting to wipe out the Hutu, and for this reason they should all be killed. He added that if, by chance, a good-hearted Hutu should by caught harbouring a Tutsi, then they should be killed together and their property seized.

Akayesu asked the population to become united, and to no longer take political parties into account in order to exterminate the Tutsisóthe accomplices of the RPF".

Jean-Paul Akayesu said that even Tutsi foetuses who were in their Hutu mothersí wombs should not be spared".

Having ignited the fire in Taba with speeches calculated to turn Hutus against their neighbours, Akayesu made the distribution of weapons to the militia the next stage in his strategy. at the home of their president, Akayesu, to receive armsómachetes and grenades. I always tried to stop my younger brother from killing. But he said that Akayesu had told them: 'He who kills a lot is going to receive a lot of Tutsi fields.'

African Rights welcomes the forthcoming trial of Jean-Paul Akayesu in Arusha, Tanzania, before the United Nations Criminal Tribunal for Rwanda. It is, in particular, an event of enormous importance to the survivors of the genocide of 1994. Bourgmestres in charge of communes played a crucial role in the success of the genocide. In Rwandaís rigid and hierarchical administrative structure, they wielded enormous power, as this issue of Witness to Genocide, which documents only a fraction of Akayesuís crimes, makes clear. During the genocide, they possessed the power of life and death over tens of thousands of people. Few showed the humanity or the courage to resist the order to massacre Tutsis en masse. Instead, the overwhelming majority of bourgmestres chose to use their immense authority in their communes, as well as the human and financial resources at their disposal, to promote the genocide. Massacres in which huge numbers of people died were carried out in their own offices or in churches, schools and hospitals under their jurisdiction, usually in their presence. Sometimes, their participation was brutally direct; they shot directly into the victims, or macheted them to death. On other occasions they used the policemen under their control to prepare these pogroms and to shoot anyone who attempted to escape certain death. Arms were stocked in their offices and they co-ordinated their distribution to civilians. They gave speeches with explosive messages, expressly intended to trigger the genocide. They supervised roadblocks and provided encouragement, transport and alcohol to the militia,

38 whose raison díÍtre was the mass murder of Tutsis. They prepared lists of those condemned to die and pointed out the homes of targets to the militia. Bourgmestres often worked together to prevent the escape of survivors or to "repatriate" each otherís residents so they could be killed "at home." The very fact that Akayesu is the first individual to be tried by the International Tribunal reflects the critical role played by local government officials. Nor is he the only bourgmestre so far indicted: Joseph Kanyabashi and Elie Ndajambeje of Butare, who were both arrested in Belgium, were among the first to be indicted by the Tribunal. Despite these developments, it is becoming increasingly apparent that the International Tribunal hopes to concentrate future efforts on catching what are commonly described as the "big fish"óthe men and women who played a national role in planning and executing the genocide of 1994. The fact that these architects of the genocide bear the ultimate responsibility for the horrors unleashed in 1994 is beyond dispute. It is appropriate, and only fair, that they should be held accountable for the crimes they unleashed. However, beyond the president, prime minister and ministers of the interim government, it is not clear who else is, prime facie, included in this category. Even senior politicians and military officers cannot be assumed to have played a national role by virtue of their positions alone. The strategy risks excluding most of the important local government officialsóprÈfets (governors), deputy-prÈfets, bourgmestres, deputy-bourgmestres and councillors. The prÈfets of Cyangugu, Gikongoro and Kigali, for example are directly responsible for the deaths of hundreds of thousands of people. A number of councillors, including Rose Karushara of Kimisagara in Kigali and Mika Muhimana of Kibuye are among the greatest killers of 1994, despite their junior positions. The vast majority of these local government officials are in exile in Zaire, Burundi and Tanzania, the home of the International Tribunal. The evidence against them is far more substantial and stark than is the case for a number of people who held ministerial positions in the interim government. With one exception, all the prÈfets have escaped the country. If the Tribunal ignores their cases, who will judge their crimes? Moreover, local officials were key elements in the pyramid structure of authority which made the genocide possible. Without a full understanding of how the genocide unfolded in the regions, the Tribunal will have difficulties in amassing the quantity and quality of evidence necessary to indict individuals who had responsibilities at a national level, particularly if recent practices are allowed to persist. In 1995, the Tribunal established teams in Kibuye and Butare to gather evidence against genocide suspects. As a result, a significant number of the people so far indicted by the Tribunal are accused of participating in the killings in these two regions. Unfortunately, the Tribunal has disbanded these two teams and has not set up regional teams in other prÈfectures. On 1 October 1996, Judge Louise Arbour will become the new prosecutor of the International Criminal Tribunal for Rwanda. We hope this issue of Witness to Genocide will encourage the Tribunal to focus on the role of other local government officials in exile who distinguished themselves in the genocide. The International Tribunal has a responsibility to ensure that they do not escape justice, on the basis that they do not constitute "big fish" according to some arbitrary criteria. To the

39 survivors of the genocide, these are the menóand some womenówho turned Rwanda from a country of a thousand hills into a country of a thousand cemeteries.

The International Tribunal is also due to try Dr ClÈment Kayishema , a medical doctor and the former governor of Kibuye, and Georges Rutaganda, a businessman and the second vice- president of the interahamwe militia. Akayesu was arrested in Lusaka, Zambia, in October 1995, along with seventeen other genocide suspects. The arrests in Zambia constituted an important watershed; it was the first time an African country had arrested a Rwandese citizen for their role in the genocide. Akayesu was indicted by the International Tribunal in February 1996 and later flown from Lusaka to Arusha, to be held under the custody of the Tribunal. During the hundred days genocide of the Tutsi in Rwanda, Akayesu distinguished himself by the frenzy with which he sought his prey. Even by the standards of Rwanda in 1994, he went to extraordinary lengths to ensure the wholesale slaughter of the Tutsis of his commune, hunting them in every corner and encouraging Hutus to murder even their own grandchildren, nephews, nieces and in-laws. Akayesu made sure that nowhere was safe for Tutsis in Taba. They were abducted from and killed in their homes and in bushes, and murdered in hospitals, schools and government offices. Crisscrossing the whole region of Gitarama, he looked for them everywhere. There was to be no sanctuary; they were taken from the homes of relatives and friends and even from the bishopric of Kabgayi. Dressed in a military uniform and armed with a gun, Akayesu distributed grenades and machetes to the militia, wrote out lists of Tutsis to be killed and led bands of killers as they went in search of victims. Some victims died at the hands of Akayesu. He gave incendiary speeches that were intended to make the Hutu population kill Tutsis as a form of self-defence. He converted his office into a compound where Tutsisóincluding some of his own friendsówere interrogated, murdered, andlater dumped in mass graves close to the commune office. He even recruited children as look-outs, giving them whistles to blow when they saw a Tutsi. He requested the "extradition" of Tutsis who had taken refuge in other communes of Gitarama, visiting these communes to ensure their forcible return to Taba, where they were murdered.

In Taba, and elsewhere in Gitarama, MDR was considerably stronger than Habyarimanaís party, the National Republican Movement for Democracy and Development (MRND). During his tenure, Akayesu became known for his intolerant attitude towards the adherents of other political parties, and his heavy-handed campaigns to force people to join MDR. Several people who refused to join his party were subjected to beatings and threats, organised by Akayesu himself and other supporters of MDR. But, prior to April 1994, there was no evidence that Akayesuís politics would one day transform him into an enthusiastic supporter of genocide. However, once he had decided to embrace the programme of genocide, Akayesu set aside differences with his political opponents to better concentrate on anti-Tutsi pogroms. His closest collaborator was Silas Kubwimana, a businessman and president of MRND in Taba, a man Akayesu had done his best to marginalise prior to Habyarimanaís assassination on 6 April 1994. With Akayesuís encouragement, Kubwimanaís vehicle was regularly pelted with stones, despite the fact that he is a native of Taba. This made Kubwimana fearful for his life at the beginning of the genocide; he sought refuge with his in-laws in Kibuye, returning to Taba

40 when he realised that Akayesu had "understood" the programme of the interim government established after 6 April. Akayesu bestowed the title of "colonel" on Kubwimana and put him at the head of a committee in charge of "security." With Akayesuís blessing, Kubwimana distributed weapons to the militia, co-ordinated the killings and led many of the attacks himself. Kubwimana and Akayesu regularly walked together, visiting the roadblocks in the evenings. Akayesuís other trusted lieutenants included Cyrile Ruvugama, a member of parliament; Claude Munyaburanga, secretary of MDR in Taba and a former teacher and trader; and Marc Ushizimpumu, a former driver now living in Gishyeshye. His close collaboration with members of MRND shows the speed with which political differences were cast aside and bonds forged in the face of what was perceived as a greater imperativeóthe extermination of the Tutsi.

As in Butare, the genocide was slow to begin in Gitarama. Although roadblocks were established after the Presidentís death, the news did not immediately trigger mass killings. As a result, thousands of people fled to Gitarama, particularly from the city of Kigali and from the prÈfecture of Greater Kigali, especially from the commune of Shyorongi. Initially, Akayesu refused to allow the militia to kill Tutsis in his commune. He imprisoned certain militia to ward off violence in Taba. Losing patience, the interim regime mobilised its resources to counter the slow pace in Gitarama. Influential individualsócabinet ministers, businessmen, civil servants and journalists who originated from the regionóvisited Gitarama in a bid to urge the residents to begin their "work" and not to be "left behind." The campaign finally bore fruit at a critical meeting which took place on 18 April at the office of the prÈfecture of Gitarama in commune Nyamabuye. All the bourgmestres of Gitarama attended, including Akayesu. A decision was reached to begin the genocide.

Akayesuís behaviour changed overnight. The killings started in Taba, and in most other communes of Gitarama, on the following day, 19 April. But, anxious to launch the genocide in his commune without further delay, Akayesu organised a meeting in Taba on the evening of the 18th. The meeting, held in a bar that belonged to Claude Munyaburanga, the secretary of MDR, was attended by representatives of all the political parties active in Taba. Akayesuís instructions to the militia were clear: they were not to spare a single Tutsi, not even, he said, "A Tutsi foetus in the womb of its Hutu mother". When the meeting ended, Akayesu visited the militia who manned the roadblock in front of Remera-Rukoma Hospital. He invited them to begin the murder of the Tutsis by killing SylvËre Karera, prefect of studies at the Groupe Scolaire of Remera-Rukoma (also known as the Ecole Normale Technique, ENT). Karera was kidnapped and murdered the same evening. His death signalled the launch of the genocide in the commune of Taba.

Setting Taba on Fire

On the morning of 19 April, Akayesu organised a meeting at Gishyeshye sector, an event that would constitute the psychological turning point in Taba. Both Hutus and Tutsis attended, believing that the bourgmestreís objective was the maintenance of peace. But that was not Akayesuís plan.

41 JosuÈ (a pseudonym) had considered Akayesu a friend and was a fellow-member of MDR. He had special reasons to be apprehensive, as his wife was a Tutsi. Aware of Akayesuís efforts to maintain calm, he was confident that Kareraís assassination was an isolated incident undertaken by freelance militiamen and that the bourgmestre would take decisive measures to prevent further lawless acts.

Having understood the message, the participants dispersed. The Tutsis tried to look for ways to hide. Some Hutus went to warn their Tutsi relatives and friends elsewhere in the commune, while others went to "wake up" the residents of Taba. in mindóto inspire the murder en masse of Tabaís Tutsi community, and to strike fear into the heart of any Hutu who might show kindness to Tutsis. Shortly after the meeting, many Tutsis were forced out by neighbours and friends who had hidden them. Alexia, a young peasant woman who was engaged to a Tutsi, is one of the many Hutus in Taba who watched with horroróand a sense of helplessnessóas Akayesu lit a match to Taba.

Not wishing to waste time, Akayesu visited several places in Taba on 19 April to launch the genocide. One of the sites for an incendiary speech was Akayesuís own office, the office of the commune. Floride, a farmer and the mother of several children, heard Akayesuís words.

By May, most of the Tutsis in Tabaóincluding those who had taken refuge there from other communes and prÈfecturesóhad been killed, except the few who had managed to hide in other communes of Gitarama. But Akayesu was restless. He was worried that some Hutu families might have resisted his words and hidden women and children, out of loyalty to relatives or friends. He wanted to make them understand that there was no choice. To this end, he organised a meeting in Rwina, a commercial centre in sector Bugoba. Intense pressure was applied to ensure maximum attendance.

When they arrived at home, the boys killed all the girls they had 'married.' Akayesu, who moved around with a gun, also visited all the roadblocks in order to motivate the militia to kill a lot.

To encourage Hutus to betray the Tutsi children they had hidden, Akayesu sought to make them fearful about their own future. Taking up the theme of the interim government, and in particular of Radio RTLM and Radio Rwanda, he reminded his audiences of the historic "mistake" that had been committed in 1959 when Tutsi children had been "allowed" to escape into exile. These children, he said, had grown up and formed the RPF; history must not be allowed to repeat itself. Akayesu made this very clear during the "awareness" meeting in Rwina. Assiel gave a detailed description.

42 After the meeting, we clapped a lot. People got up quickly to go and kill the children who had hidden, as well as adult Tutsis.

Straightaway, the militia immediately killed the children of Protais Rudasumbwa, who had hidden at the home of Mugire in Bugoba. They also killed the children of BÈatrice Mukaruranga who were hiding at the home of their Hutu grandfather, Gaparasi. The wife of Jonas Munyankindi was also killed. They continued to comb everywhere. The Hutus who had hidden Tutsis were afraid; they kicked them out of their houses.

A woman who was also in Rwina recalled the speakersí emphasis on the danger constituted by Tutsi women and children.

In the middle of May 1994, Akayesu, Ruvugama, the member of parliament, and Silas Kubwimana, a businessman, held a meeting in our sector. The population moved into the commercial centre of Rwina. Akayesu asked us not to consider the political parties any longer, but to make up a single group to chase the Inyenzi and their accomplices. After the meeting the militia searched everywhere. They found a lot of children and Tutsi women. To be able to find them easily, the militia walked around, asking the Tutsi children and women not to hide because they were no longer going to kill them. So they left their hiding places. The militia killed these children and threw them into communal graves.

He spoke of the impact of Akayesuís words.

After the meeting, the militia went to kill the Tutsi children that people had refused to kill. The corpses were thrown into some common graves in Rwina, Nyarusave and Bugoba. If Akayesu had not given the example in the killing of the Tutsis, no Hutu would have been able to do it.

Everywhere he went in Taba in May, Akayesu spread the same message: the Hutus must kill all Tutsis, without any exceptions. In the sector of Karangara, the responsables of the cellules said that everyone, even children, had to attend the bourgmestreís meeting. People were threatened with severe punishment if they failed to turn up.

A 26-year-old farmer heard his death sentence as Akayesu, at Karangara, described the Tutsi as a community condemned to die.

Jean-Paul Akayesu held incendiary awareness meetings in Karangara sector, where he said all Tutsis should be killed, starting with educated people. He even said that Hutus taking in Tutsis should be fined. Akayesu moved around with Silas Kubwimana, a contractor and a big interahamwe. He also collaborated with Cyrile Ruvugama, an MDR-Power member of parliament. They have all run away.

"Jean-Paul Akayesu said that even Tutsi foetuses who were in their Hutu mothersí wombs should not be spared".

43 Akayesu had a military outfit and a gun.

I lived near Akayesu's house. At the beginning of the genocide in our sector, Akayesu brought ten machetes for ten young boys who were living in our sector. It was around 3:00 p.m. one day when the people whistled that Akayesu was there. He gave these ten machetes to: Tisi; Kayiranga, Segicece's son; Usabimana, Gasimba's son; Musoni, Kabirigi's son; Uwamahoro, Muhirwa's son; Habiyaremye and Ndahayo, Sakagabo's sons. Akayesu was with Gatsimbanyi, a businessman. They handed out the machetes at this man's home. Immediately, the youths who had just received these machetes attacked the house of a neighbour, RaphaÎl Musoni. This man was killed with his family.

The use to which the weapons would be put soon became evident.

Since I am Hutu and I was walking around during the genocide, I saw Akayesu in a red van transporting dead bodies; he was going to throw them in the communal graves in Bugoba.

Sensing danger, BÈatrice Nyiransegimana brought her Tutsi children to the home of her parents who lived near Akayesuís house in Bugoba. This gave her many occasions to watch the care with which the genocide was being planned in Taba.

Every day I saw vehicles taking rifles, grenades and machetes to Akayesuís home. Meetings were held there by militiamen. And Akayesu himself distributed firearms to MDR Power supporters.

Having given them the tools with which to commit genocide, Akayesu went from roadblock to roadblock in Taba to sustain the militiaís "vigilance."

"Akayesu told the militia: 'You must use every means possible to exterminate the Tutsi'."

One of Akayesuís earliest initiatives was to release the militiamen he had imprisoned immediately after Habyarimanaís death to prevent them murdering Tutsis. The released men included a certain Kamuhanda and his allies. Akayesu set them to "work" in the commune office, where they killed a large number of Tutsis with machetes and small hoes (see below).

Once recruited and given arms, alcohol and promises of Tutsi land, Akayesuís militia were set loose to operate as a front-line fighting forceóagainst unarmed civilians.

Once the decision to exterminate the Tutsis of Gitarama had been reached at the meeting of 18 April, teachers were the first to die in Taba. Akayesu went after his old Tutsi colleagues with

44 a vengeance. Their status as educated people with a standing in the community made them a special target. In addition, a number of teachers were active in opposition political parties other than MDR. No teacher was to be spared; sadly, Akayesu nearly succeeded. Tabaís Tutsi teachers were not only the first to be killed; they were hunted throughout the genocide and died in very large numbers.

"Akayesu said that one had to begin with educated Tutsis. Thatís how he sent a group of killers to the Groupe Scolaire in Remera in order to abduct all the Tutsi teachers who taught there".

As for the group which had gone to the Groupe Scolaire of Remera-Rukoma, they brought five Tutsi teachers to the office of the commune where they were killed. The murdered teachers included Foyibi Uwineza, bursar, killed together with his fiancÈe who had come to visit him; Tharcisse Dukuzumuremyi; ThÈogËne and Samuel.

And while the initial hunt concentrated on teachers, under Akayesuís instructions the net was quickly spread to other educated Tutsis. Before long, no Tutsi was safe in Taba.

One of the most important killing centres in Taba was Akayesuís own office, situated in sector Taba. Akayesu was a local government official of his time. He used his office to further the genocideóto verify the records of individuals suspected of being Tutsi; to interrogate his would-be victims; to imprison those condemned to death; to carry out the murder of innocent people and to dump their bodies in mass graves situated nearby. Men, women and children were killed in his office under Akayesuís supervision. Far from restraining the militia who carried out the killings, he congratulated them after they had completed their "work." Churchmen, teachers, civil servants, peasants, doctors and studentsóamongst othersówere taken out of the compound, in groups or individually, and murdered. Ironically, many of the people who died at the commune office had considered Akayesu to be a friend. They went to the commune office in search of security. Surrounded by armed communal policemen under Akayesuís control, they were confident that Akayesu would be not only able, but willing, to help them in their hour of need. Other victims did not know him personally, but looked to him as a powerful official who had the meansóand the responsibilityóto protect unarmed people who placed their lives in his hands.

One of the most damning testimonies about Akayesuís conduct comes from the man who was his driver before and during the genocide, Albert Mutabazi, 33, who comes from the cellule of Nyamabuye in Gishyeshye.

At the commune office, there were a lot of Tutsis from Runda and Shyorongi who had come to take refuge in our commune. These Tutsis occupied the CCDFP buildings and the house of the vet [Athanase] which was in front of the commune office. On the morning of 19 April, I saw the militia, led by FranÁois, of sector Taba, in the middle of killing the Tutsis who were in the office. To kill them, they were taken behind the primary school which is close to the commune office. They were given machete blows and had grenades thrown at them. Afterwards, the corpses were thrown in some common graves. The people who were not killed that day, were killed a few at a time.

45 One of the few Tutsis who left the commune office alive is Floride, the mother of four children. Warned by neighbours who had heard Akayesuís speeches, Floride and her family were overcome by panic. The death of several close family members reinforced their fear. They fled in different directions.

We went to the office of the commune. Many other Tutsis came there. During the day, we went into the yard in front of the office of the commune. It was mostly children who had just lost their parents, old and wounded people. The children were crying a lot because they were hungry. During the night, we went to stay in a house belonging to someone called Athanase, in the front of the office of the commune. During the night, at about midnight, Akayesu came again with some policemen and hit us frequently with clubs.

"After we had been beaten, Akayesu ordered us to bury the remains of the bodies devoured by the dogs ".

Out of fear of being beaten, we left and we put a bit of earth over these bodies, since we had no strength to build deep holes. We found the arms and legs separately, without heads or chests. After we had put a bit of earth over these bodies, the dogs came back and took away this earth to devour the bodies.

Akayesu came during the night, dressed in a very long jacket to protect himself from the cold. But Akayesu threw us outside in the rain, without even taking pity on the little children.

Afraid of being hacked to death by machetes or seared by clubs covered in nails, some of the victims came to the commune office to seek a more merciful death.

So they would not be killed with these things, the Tutsis used to come to the office of the commune to see if the militia would kill them with guns and grenades.

The authorities had forbidden the Hutu families from giving us anything.

After we spent several days in the bush, we came back to the office of the commune to see if the militia could kill us with a rifle or a grenade instead of dying of hunger. Many children died from hunger.

One day, I saw Akayesu and Silas Kubwimana gathering together the militia in the yard of the office of the commune. Then the bourgmestre told his militia not to leave anybody; he was using loud-speakers. They immediately rounded us up. My child wanted to go to the toilet; I took him and I ran. I went into someone's house and I refused to leave.

Some other Tutsis, many of them women and children, were taken to the football ground and killed with grenades in this place. No one was left.

Some relatives, friends and strangers endangered their own lives to save individuals or families threatened with death. But the genocide was only accomplished in such a short space of time

46 because such a huge number of people proved willing to sever ties of blood and friendship with Tutsis. Throughout Rwanda, the genocide led to acts of betrayal that defycredibility. As detailed later in this report, some men killed their nieces and nephews with their own hands. Many men and women refused to hide relatives and friends, either out of fear or because they approved of the genocide. As their world crumbled overnight, Tutsis all over Rwanda found themselves abandoned. Some of the men condemned to death at the commune office had previously considered themselves personal friends of Akayesu. Jean Mugabowumwami, a 35-year-old builder, looked to Akayesu, a fellow-member of MDR, for protection. Jean, who comes from Mbizi in Taba sector, hid in Muhima, Kigali, between 6-19 April. Afraid of the militia who had discovered his hideout, the man who had given him shelter drove Jean and another man, Tharcisse Mutayomba, to Taba.

When we arrived at the office of the commune, the bourgmestre was there. We approached him to greet him. He refused to look at us although he was our friend. Akayesu told the militia who had weapons to go and ask for identity cards from the people who were in the yard and who were not originally from Taba. Tharcisse Mutayomba [a native of Runda commune] was taken straight away and beaten with a stick. He shouted to the bourgmestre to save him because he was his friend. Instead of saving him, Akayesu told his militia to go and take all the people of Taba who had identity cards like Tharcisse and to do the same with them. We were immediately gathered together. There were about 27 of us; the majority were men. They began by beating us. Then they took us to the football field. When they got behind Kanyinya primary school, a militiaman called Iddi told the others to let me go. I did not have my identity card and the militia wanted to find out my ethnicity. Iddi accompanied me. When we got near the office, I gave a militia 4,000 francs. Some others were killed immediately.

"Since I used to collaborate with this bourgmestre before the genocide, I went to greet him, thinking that he would protect me because he was surrounded by important militiamen. Akayesu, before greeting me, shouted a lot. He said: 'How is it possible that you are not dead?'"

Nowhere was safe in Taba. Those condemned to die were hunted in every conceivable hiding place. A group of Presbyterian pastors took refuge at the Groupe Scolaire in Remera-Rukoma. After the genocide, their corpses were exhumed near the commune office. The dead included Edouard Gafaringa, a pastor in a Kigali parish and president of the Presbyterian Church for the Kigali region.

Akayesuís order that Tutsis should be written out of Tabaís future has left the commune with a substantial number of Hutu widows of the genocide. Many of these women lost their husbands and children as a direct result of Akayesuís policies and encouragement. Akayesu, to break intercommunal bonds, made sure that they were killed by the brothers, uncles and cousins of these unfortunate women. Forced to make unbearable choices, families agreed to split up, in the desperateóand often vainóhope that separation might ensure the survival of some members. In marriages where the wife was Hutu, many couples took the precaution of

47 hiding their children with the wifeís family. All too often, the husbands forced to seek refuge on their own also died on their own. While many Hutu families did all they could to protect the children entrusted to them by their daughters, sisters and nieces, some family members were not so accommodating. Faced with moral choices for which life had not prepared them, many people took the path of least resistance. Some colluded in the death of the children, sometimes hacking them to death with their own hands, either because of their own extremism, fear, cowardice or the desire to protect their property. For these women, life is a daily routine of recalling terrible memories, their suffering etched on their faces. Their loved ones were murdered near them or in front of them, with the little ones snatched off their backs or out of their hands. Still shell-shocked, they nurse their grievances and relive the nightmare of their lives through a thousand prisms. Talking to JosÈphine Mukankusi takes a person on a rare journey, to the other side of a living hell. On a day-to-day basis, JosÈphineís lives with a depth of pain beyond what most people could even imagine. JosÈphine, 43, is a peasant from Gisitwe cellule in Kamonyi sector. She was married to Edouard Nyamaswa, a mason; they had three sons and three daughters. Edouard was the first to be killed; he was thrown into their toilet, while JosÈphine hid with her children in a banana plantation for a month. She then decided to go to her parentsí home in Kayenzi. She put her three-year-old son on her back. When they reached a roadblock in Bugaba in Kayenzi commune, the militia took the child and murdered him on the spot. Her other five children managed to reach her parentsí house, as did JosÈphine. But her parentsí home was far from being a sanctuary. There, the children were under threat, this time from the genocidal intentions of JosÈphine's own brothers and her paternal uncles. Again, she had to hide them. They were joined by her younger sisters' children, who were equally vulnerable as their fathers were all Tutsis. Akayesu and Jean Mbarubukeye, bourgmestre of Kayenzi commune, both came to JosÈphineís parentsí home to join the search.

All five of JosÈphine's and another nine who belonged to her three younger sistersóVestine, Marceline and Uwiduhayeówere caught.

All the children were taken to the roadblock to punish our brothers and uncles, because they had delayed in finding the 'enemy', our children. These bourgmestres gave the order to our brothers and uncles to kill their nephews and nieces on the spot. They were killed immediately with axes. In the meantime, my mother, my father, my younger sisters and I were really beaten with sticks by the militia, on the basis that we had hidden the 'enemy' from our brothers.

I am old. I no longer have either children or a husband. I have only myself to feed and I can't farm anymore. I no longer have the courage to do the cooking. I especially can't cook meat. Before the death of my children, when I did the cooking and I used to prepare meat, my children used to surround me and ask me after every minute: 'Mummy, when will the meat be ready to eat.' If I remember this I cry a lot.

So often during the interview, the inadequacy of words was painfully apparent.

48 I cannot stand living alone. During the night, I go into my bed and I begin to cry, thinking about my children. I am lucky to still have my parents, since I am old. I should go back there and live with my mother and my father. But I can't go there because of my sisters-in-law. Also, my parents don't understand why I imprisoned their children and brothers although they were watching when they killed my children.

JosÈphine is determined to ensure that the men who collaborated with Akayesu to destroy her lifeóincluding her own relativesóare punished. This has earned her the enmity of her family, adding to her isolation and pain.

After the genocide, I accused all the people who killed my children and my husband. Firstly, I accused my brothers and my uncles. Now, I can no longer return to my parentsí home. My sisters-in-law chased me away because I had their husbands put in prison. These women are looking for a way to kill me before the trials begin, so I can't accuse my brothers once the tribunal starts work. My nephews and nieces no longer say hello to me. When I fall sick and I go down the road to the hospital at Remera-Rukoma, the families of the militia say that I am going to accuse them at the office of the commune because it is in the same direction.

So deeply immersed in grief, JosÈphine fears that she is being driven to the brink of insanity.

During the night I am always blacking out. I am afraid that one day I will become a mad woman.

Hospitals

In the eyes of those determined to rid Rwanda of Tutsis, once and for all, nowhere was sacred. Local government officialsóthe administrators of deathóturned to the hospitals and churches under their jurisdiction as the most favoured sites in which to massacre the largest number of Tutsis. Once again, Akayesu was a man of his time. One of the first places in which a significant number of Tutsis were killed in Taba was Remera-Rukoma Hospital. Prisca Muhayemariya, 32, had left her home in Mbizi cellule in Taba sector on 19 April to visit her pregnant sister- in-law in the maternity ward.

On 20 April, Akayesu came to Remera-Rukoma Hospital with a lot of militia whose names I do not know. These militia came only to kill the Tutsi hospital workers. This was at about 9:00 a.m. The car was behind the hospital. They took all the Tutsi nurses, male and female. I remember that they also took Kanamugire, who was working as a consultant. They killed all of them except one nurse who worked in the maternity ward. This girl came back crying; she could not walk. We approached this girl; she told us that they had raped her. A Hutu nurse took this girl into the maternity ward and shut the door as the nurses and the hospital workers had begun to mock her, saying that Akayesu and his militia had raped her. It was a great shame.

49 "I saw Akayesu with my own eyes in the hospital, looking for Tutsi nurses and workers to kill them".

Next, it was the turn of patients and their carers to die. (Prisca)

On Thursday 21 April, the militia came looking for sick people and people who were helping the sick. I went to hide in a small bush at the hospital. When I hid, I saw Marie, a nurse, the daughter of Busirimu, originally from Kayenzi, who was taken away by the militia. I did not have the opportunity to see if Akayesu had come back because I was hiding. The woman I was looking after, BÈatrice, had given birth. After the militia left, I went into the maternity ward to see the woman, BÈatrice [see below for BÈatriceís testimony]. She had taken her baby and left. BÈatrice had told the sick people to tell me, when I returned, that she had gone to the home of a man called Karangwa.

To ensure that no one in Taba escaped, suspicions about Tutsis who may be holding false Hutu ID cards were to be reported to Akayesu himself. One of the young men condemned to death despite his Hutu ID card is Gabriel, a thirty-year-old peasant from sector Kamonyi. Akayesu did his best to ensure that Gabriel did not live. Fortunately, he did not succeed.

As soon as I got to the office of the commune, I was made to sit down to wait for the bourgmestre who was in the middle of verifying the cards of other people suspected of being accomplices of the RPF.

Akayesu did not take long to sentence Gabriel to death.

Finally, the bourgmestre came out. The interahamwe presented my papers to him, saying that I had falsified them. The bourgmestre said I had nothing to discuss [with him]. He gave the order to throw me into the van that was going to Gacurabwenge. They put me in the van and undressed me. I knew that my death was approaching. They took my money. The bourgmestre was in the same van. When we arrived at the roadblock of Gacurabwenge, the interahamwe who were manning it applauded the bourgmestre, [saying] he had brought them a big fish. They made me get down. Suddenly, I was beaten with massues and I lost consciousness. My left eye was practically dug out by a gun. Afterwards, when I regained consciousness, towards midday, I realised I was in the latrine [in the home] of Mayeli, a businessman who had died before the genocide. When I was beaten, it was about 8:00 a.m. During the night, I was able to leave the latrine. I walked towards the sector Buguri, to the home of an old man I knew.

"The bourgmestre asked them how many Tutsis remained to be killed in order to finish the job. They told him that I was the only one who was left."

I spent two days there, after which I was again under suspicion. The old man hid me with several families. He made me change places many times so that I would not be discovered. Until the end of the genocide, I was with [these families] who also took care of my wounds and other illness I was suffering from.

50 Concilia Mukasoni, the cashier and accountant of the commune, was summoned to the commune office by Akayesu in early June because he needed money.

When I got to the commune office, I found the bourgmestre looking through the files to verify the identity, rather the ethnic group, of young boys that the interahamwe had captured. They were carrying identity cards which said Hutu, though they were suspected of being Tutsi. There were more than ten of them. But after their files at the commune office were checked, the bourgmestre said that only three were Hutus. All the others were killed.

But Akayesuís bureaucracy of murder was not only ruthless and efficient within the borders of Taba, but throughout Gitarama.

One of the features of the genocide in Gitarama was the policy of various bourgmestres to search for "their" Tutsis in each otherís commune. He visited the refugees in Kabgayi, Musambira and Kayenzi to see if any of his would-be-victims had taken refuge there. The man Akayesu hunted more than any other is Ephrem Karangwa, a judicial police inspector who is, ironically, the current bourgmestre of Taba.

On 19 April 1994, a car filled with soldiers from Taba came to my house. Akayesu got out of the car first. My dogs who were guarding the house chased them away. Since they had guns, Akayesu fired and the dogs left. So the militia looted the house and later they burned it.

Akayesu asked his companions to comb the forests and the banana plantations in search of Ephrem and his brothers. Ephrem advised his brothers to leave for Musambira. Ephrem too went to Musambira, but took a different direction. He placed himself near his brother-in-lawís house where his family was staying.

After several minutes, my three brothers arrived. They went into the house. Immediately, I saw cars filled with militiamen with machetes, grenades and guns. They went to the home of my in-laws; later they went to Laurent's house. Akayesu had a gun. The IPJ from Musambira, Norbert Musabyimana, was also with Akayesu, as well as militiamen from Taba and people from Musambira. When they arrived at Laurent's house, these militia searched the whole house. They made my younger brothers come out. When they got into the yard, Akayesu shot Gakuba, one of my brothers. Straightaway, some other soldiers killed the two who were left, slashing them with machetes. Where I was, I was shaking.

The rest of Ephremís family left Musambira for Kabgayi. Ephrem also made his way to Kabgayi. But still, he was not safe from Akayesu.

After mass, I was afraid to stay in the church alone. When I got outside, the soldiers and policemen passed by me, to go back to our house and look for me again. They again beat up people, asking them for their identity cards. Mutimura came again to tell me to leave so that I wouldn't die. I asked my little sister to go with me and to chat so as not to show that I was afraid. We went into the church. I hid in a part of the church. There I found a man who was

51 reading the bible; then he came down. I begged him not to tell anyone that I was hiding in this place. The man agreed, but I became afraid and I changed my hiding place. I went into a very tight corner, where I couldn't sit down comfortably, nor could I stay standing. I didn't move. Only my little sister knew of this hiding place and she used to bring me food. After two weeks, I began to be sick because I couldn't keep clean. I didn't wash myself anymore; I never changed my clothes anymore. I was also afraid that the militia would follow my little sister when she was bringing me food.

Driven beyond despair, Ephrem decided to leave his hideout and take his chances.

I took the decision to go out, because I could also die if I stayed in that place which was too narrow. When I got outside the church, I saw a policeman, Gakwisi, and two young men. When they saw me they shouted a lot. They asked me: 'Where were you hiding? We were looking for you everywhere to kill you'. They accused me of being an accomplice of the RPF. Because of that they wanted to kill me. I begged them to leave me alone. They asked me for 10,000 francs. As for the policeman, he asked me for 150,000 francs.

Ephrem escaped because his survival represented a profitable business for an unscrupulous policeman. This assured him protection against Akayesu.

I got sick. I couldn't get any medicines. The policeman was always demanding his money. Akayesu, Silas Kubwimana, president of MRND in Taba, Setiba, leader of the militia in Giti- Kinyoni and many policemen came to look for me. The policeman, Gakwisi, who had put me in the room, told them that I wasn't there, because he was expecting his money. Akayesu and his policemen trusted Gakwisi and they left. So Akayesu never saw me. Akayesu did not only visit Musambira at the beginning of the genocide. He was there in late May, still looking for the Tutsis of Taba. Having escaped the killings at Remera-Rukoma Hospital, as described above, Prisca Muhayemariya reached Musambira.

As always, Akayesu was anxious to have the people of Taba die in Taba.

Akayesu asked for his own people to go and kill them in his commune. I did not know their names; they were not from my sector. Akayesu put these people from Taba into his car. I heard they were killed by the refugees from Byumba who were in Kamonyi. Akayesu was with his policemen. I couldn't count the number that they took. The Tutsis from Musambira were also CONCLUSION

As at the Nuremberg trials fifty years ago, Akayesuís defence lawyers in Arusha will no doubt attempt to present him as a "small" man who was "merely following orders." That is not how the survivors and witnesses of Tabaís genocide remember him. What they remember is a man invested with absolute power, a power he exercised with utter ruthlessness and efficiency to decimate Tutsis in Taba. As the Tribunal in Arusha begins its work, it is an opportune moment for the Government of Tanzania and the International Tribunal to reflect upon the number of genocide suspects currently living in Tanzania as "refugees." Men who committed crimes as heinous as those of

52 Jean-Paul Akayesu, if not worse, are enjoying protection and material assistance in Benaco camp, courtesy of the same international community that is funding the International Tribunal. Such "refugees" include Sylvestre Gacumbitsi, the bourgmestre of Nyarabuye in Kibungo. He is the man who reduced thousands of unarmed people sheltering at the Catholic Parish of Nyarubuye to a heap of bones, some of which have been preserved for posterity. These bones have a history. Their stories must be told before the International Tribunal in Arusha so that the crimes of men like Gacumbitsi are exposed and prosecuted.

African Rights ([email protected])

[ENDS]

53 Date: Tue, 24 Sep 1996 09:12:33 +0300 (GMT+0300) From: UN DHA IRIN Subject: Rwanda: Genocide: Abuses Against Women (HRW and FIDH) 96.9.24

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------Forwarded message ------Date: 23 Sept 96 From: [email protected] To: [email protected] Subject: Rwanda's Genocide: Human Rights Abuses Against Women

During the genocide of 1994, Hutu militia groups and the Rwandan military regularly used rape and other sexual violence as weapons in their genocidal campaign against the Tutsi community. In Shattered Lives: Sexual Violence During the Rwandan Genocide and its Aftermath, released today, Human Rights Watch and the Federation Internationale des Ligues des Droits de l'Homme (FIDH) provide detailed and disturbing testimonies from women who survived horrific attacks on their families and themselves, only to face a future complicated by laws and practices that discriminate against them and social services that cannot begin to meet their needs.

Human Rights Watch and FIDH call on the International Criminal Tribunal for Rwanda (ICTR), convening on September 26 in Arusha, to investigate and prosecute rape and other gender-related crimes. In addition, we urge the Rwandan government to ensure that women are guaranteed equal protection under domestic law and alert the international humanitarian community to the necessity for their humanitarian programs to address women's needs, especially in the areas of health care, trauma counseling, housing, credit, and education. "The genocide in Rwanda left a population that is 70% female, and the stories told by survivors defy comprehension. What is clear is that Rwanda will only rebuild itself through these women, and the international community must do everything possible to help them deal effectively with the past in order to move productively into the future," said Dorothy Q. Thomas, director of the Human Rights Watch Women's Rights Project.

54 Although the exact number of rapes that occurred in Rwanda may never be known, testimonies in the 104-page report confirm that rape was extremely widespread and that women were individually raped, gang-raped, raped with objects such as sharpened sticks or gun barrels, held in sexual slavery or sexually mutilated. These crimes were frequently part of a pattern in which women were raped after they had witnessed the torture and killings of their relatives and the destruction and looting of their homes. Women from both the Tutsi and Hutu ethnic groups were raped, although most rape and other forms of violence were targeted against Tutsi women.

Until very recently, the ICTR largely neglected its responsibility to investigate and prosecute rape. It has to date issued no indictments for rape and other forms of sexual violence. Initial investigations were hampered by serious methodological flaws, including investigative procedures which were not conducive to eliciting rape testimonies from Rwandan women. In July 1996, the International Tribunal took the welcome step of forming a sexual assault committee to coordinate the examination of gender-based violence and has begun to investigate such abuse. However, unless the ICTR takes further steps to incorporate attention to sexual violence into its overall work, rape and other gender-based crimes could go unpunished.

Human Rights Watch and FIDH call on the ICTR to

-- fully investigate and prosecute, where appropriate, rape, sexual slavery and sexual mutilation as crimes against humanity, genocide crimes, or war crimes;

-- ensure that the issue of violence against women is treated with the same gravity as other crimes in its jurisdiction;

-- amend its investigative procedures and methodology, which have largely failed to elicit rape testimonies, to ensure that investigations of rape and other forms of sexual violence are conducted by teams that include women investigators and interpreters skilled in interviewing women survivors of gender-based violence;

-- and strengthen and expand its Witness Protection Unit to ensure that victims and witnesses are protected against potential reprisals and given the appropriate support services.

Gender-based crimes are even more likely to go unpunished given that the Rwandan judicial system is still not functioning. In August 1996, the Rwandan legislature passed a law which authorizes prosecution of crimes committed during the genocide, including rape. However, the likelihood of any rape prosecutions, even with a functioning judiciary, is remote given the lack of investigation into cases of rape and sexual violence and given the discriminatory attitudes towards gender-based crimes on the part of local police inspectors collecting evidence.

Human Rights Watch and FIDH call on the Rwandan government to

-- fully investigate and prosecute the sexual violence that took place during the genocide;

55 -- and ensure that all police inspectors receive mandatory training on the issue of rape and other sexual abuse, including their status as crimes punishable by law.

As Rwandan women work to rebuild their lives in the wake of the genocide, they must struggle to make ends meet, to reclaim their property, to rebuild their destroyed homes and to raise surviving children, both their own and orphans. These problems are compounded by their second class status under Rwandan law. Many widows have been unable to return to their property because of discriminatory practices in customary law which often deny them the right to inherit. The government has initiated a legal commission to address these issues and to introduce legislation to allow women to inherit equally with men, but the reforms are expected to take a long time.

Human Rights Watch and FIDH call on the Rwandan government to ensure that legal reforms eliminating discrimination are adopted expeditiously and to upholds its obligations under International Covenant on Civil and Political Rights an the Convention on the Elimination All Forms of Discrimination Against Women to ensure that Rwandan women are guaranteed equal protection of the law.

The situation of women in Rwanda cries out for a stepped up humanitarian response from both the international community and the Rwandan government. Since July 1994, international donors have expended approximately $2.5 billion on the Rwandan refugee camps in Zaire and Tanzania, while devoting only $572 million to Rwanda itself. Of that, a negligible amount is targeted for gender-related issues, despite the fact that the overwhelming majority of the country is female. Only a few aid programs address the specific needs of Rwanda's women and the United Nations Field Operation in Rwanda, which has a mandate to protect and promote human rights, is not addressing the current discrimination against women. The Rwandan government, while concerned about these women's pressing needs, has yet to develop a coordinated strategy to respond to these issues.

Human Rights Watch and FIDH call on the international community and the Rwandan government to

-- ensure that aid programs do not neglect women's needs, especially in the areas of criminal justice, health care, housing, credit, education, vocational training, and trauma counseling. To the degree possible, programs for rape survivors should be integrated into broader programs to ensure that rape survivors are not further stigmatized;

-- provide support for training judicial and law enforcement personnel particularly investigators of genocide crimes on gender-based crimes against women. Programs should also be devised to enhance the recruitment of women investigators;

-- ensure adequate financial and logistical support for the ICTR and the UN Human Rights Field Operation;

-- and increase the cooperation and coordination among different government

56 ministries with the aim of improving the social, medical and legal responses to women's needs in the aftermath of the genocide. An inter-ministerial task force should be created to deal with the violence inflicted on women during the genocide and related current problems facing women.

This report is based on an investigative mission to Rwanda by Human Rights Watch and FIDH in March and April 1996. Researchers conducted interviews with victims of rape and sexual violence and current abuses in six of Rwanda's eleven prefectures. Human Rights Watch/FIDH also met with a wide array of non-governmental human rights and women's rights organizations, social workers, journalists, doctors, nurses, government officials and representatives of the International Tribunal and humanitarian organizations.

Copies of this report in French and English are available from the Publications Department, Human Rights Watch, 485 Fifth Avenue, New York, NY 10017-6104 for $12.00 (domestic shipping) and $15.00 (international shipping). Visa and MasterCard are accepted. Copies are also available from FIDH, 17 Passage de la Main d'Or, Paris 75011, France.

[IRIN Note: Background information on HRW/FIDH removed to save transmission time and costs - available from IRIN on request.]

[ENDS]

57 Date: Tue, 24 Sep 1996 17:55:26 +0300 (GMT+0300) From: UN DHA IRIN Subject: Rwanda: Ministre des Affaires Etrangeres sur Sud-Kivu 96.9.17

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REPUBLIQUE RWANDAISE MINISTERE DES AFFAIRES ETRANGERES ET DE LA COOPERATION B.P. 179 KIGALI

DECLARATION DU MINISTRE RWANDAIS DES AFFAIRS ETRANGERES ET DE LA COOPERATION SUR LES VIOLENCES ACTUELLES DU SUD-KIVU.

Depuis ce 09 Septembre 1996 des refugies continuent d'affluer sur le territoire rwandais en provenance d'Uvira, Sange, Bwegera et Kiribe, region zairoise du Sud Kivu. Ils comptent parmi eux quelques anciens refugies rwandais et surtout des Zairois d'expression kinyarwanda connus sous l'appellation de "Banyamurenge". Ceux qui sont parvenus au Rwanda font etat des dizaines de morts, tues par des ex-militaires et miliciens rwandais ainsi que par des elements de l'armee zairoise.

Il s'agit la de violences et actes de genocide qui s'etendent maintenant du Nord au Sud Kivu et dont le drame n'a cesse d'etre denonce par le Gouvernement Rwandais depuis le premier trimestre de cette annee. La plus recente protestation du genre, une note verbale adresee au Ministere Zairois des Relations Exterieures, date du 12 Septembre 1996.

Pour memoire, des massacres organises ont ete diriges contre une categorie de Zairois d'expression kinyarwanda et meme contre des membres d'autres tribus zairoises du Nord Kivu par d'anciens militaires et miliciens rwandais des fois avec la complicite, si pas l'aide, des elements de l'armee zairoise et de l'administraton civile locale.

Il y a bientot un mois et demi, l'A.Z.A.P.Agence Gouvernementale Zairoise de Presse, publiait une lettre des Chefs coutumiers du Nord Kivu de tribus Hunde, Nande, Havu et Nyanga denoncant les violences et spoliations dont faisaient l'objet leurs populations.

58 Dans cette lettre, lesdits Chefs coutumiers avaient exprime a la fois leur etonnement et leur indignation face a toute absence de protection qu'ils etaient en droit d'attendre du Gouvernement Zairois vis-a-vis des acteurs du genocide rwandais.

En date du 22 aout 1996, les Premiers Ministres Zairois et Rwandais avaient souligne dans leur communique conjoint, cloturant la visite au Rwanda du Premier Ministre Zairois Kengo wa Dondo, la necessite de desarmer les elements armes des ex-militaires et milleiens de l'ancien regime rwandais se trouvant au Zaire, pour des raisons de securite dans la sous-region.

Mais voila que les violences et massacres commis par les memes auteurs du genocide au Nord Kivu se reproduisent au Sud-Kivu, sans que les autorites Zairoises aient lire toutes les consequences qui s'imposaient des evenements de Masisi, Rutshuru et Walikare.

Paradoxalement, de hauts responsables du Gouvernmement Zairois, en l'occurrence les Ministres des Relations Exterieures et de l'Administration du Territoire, respectivement J. Marie KITITWA TUMANASI et KAMANDA wa KAMANDA, en sont arrives a declarer recemment que des elements de l'Armee Patriotique Rwandaise se seraient infiltres dans la region pour armer les Banyamurenge, comme ils le pretendent.

Aussi, le Gouvernement Rwandais s'inquiete-t-il que les Autorites de Kinshasa, qui avaient assiste presque indifferemment a la deterioration de la situation au Nord-Kivu malgre les massacres de populations zairoise et sevices repetes par les ex-militaires et miliciens rwandais, semblent cette fois se covvrir d'alibis comme pour echapper a leur responsabilite dans le drame du Sud-Kivu.

En ce qui le concerne, le Rwanda reitere son engagement a promouvoir des relations de bon voisinage avec les pays freres de la sous-region dont le Zaire. Mais il estime toujours que de telles relation passent necessairement par le maintien d'un climat de securite de nature a les favoriser.

Aussi, le Gouvernement Rwandais demande-t-il instamment aux Autorites Zairoises de mesurer suffisamment la gravite que represente la circulation incontrolee d'armes dans les camps de refugies et a l'Est du Zaire en general ou d'ex-militaires et milieins de l'ancien regime rwandais tuent impunement.

Le meme Gouvernement insiste pour que les Autorites Zairoises procedent au desarmement de ces derniers et les mettent hors d'etat de nuire.

Il tient a souligner en substance que tout retard et alibis en la matiere risquent de conduire a une veritable reedition du genocide qui semble se profiler a l'Est du Zaire depuis quelques temps.

Le Gouvernement Rwandais en appelle [illegible] a la Communaute Internationale pour qu'elle prenne au serieux les risques d'une telle tragedie, pour le cas ou les auteurs du genocide

59 continueraient a circuler impunement en armes, exportant massacres et genocide, comme c'est le cas actuellement a l'Est du Zaire.

Fait a Kigali, le 17 Septembre 1996

Dr Anastase GASANA MINISTRE DES AFFAIRES ETRANGERES ET DE LA COOPERATION

[ENDS] [Transcribe from a faxed original by UN DHA IRIN, Nairobi.] [Accented characters "simplified" for reliable electronic transmission.]

60 Date: Wed, 25 Sep 1996 11:28:36 +0300 (GMT+0300) From: UN DHA IRIN Subject: Rwanda: UNHCR excludes 20 Rwandans from refugee status 96.9.24

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(UNHCR) GENEVA 24SEP96 1147z

UNHCR EXCLUDES 20 INDICTED RWANDANS The United Nations High Commissioner for Refugees announced on Tuesday it was excluding from refugee status 20 Rwandans indicted by the International Criminal Tribunal for Rwanda (ICTR) in connection with the 1994 genocide in Rwanda. UNHCR is urging governments to take the same measure if these Rwandans sought asylum. The U.N. Security Council resolution which established the ICTR requires the cooperation of inter-governmental and non-governmental organizations and states to take measures to bring to justice persons responsible for the genocide and flagrant violations of international humanitarian law in Rwanda. The 20 Rwandans are believed to be among those behind the execution and planning of the genocide in which more than 500,000 Rwandans were killed. Some of these Rwandans are in the custody of the tribunal, including three who were arraigned in the Tanzanian town of Arusha in June. The others are known to be in Europe and Africa. The indicted Rwandans are: Ignace Bagilishema, Charles Sikubwabo, Aloys Ndimbati, Vincent Rutaganira, Mika Muhimana, Ryandikayo, Obed Ruzindana, Clement Kayishema, Jean-Paul Akayesu, Anderson Georges Rutaganda Nderubumwe, Alfred Musema, Elizaphan Ntakirutimana, Gerard Ntakirutimana, Andre Ntagerura, Ladislas Ntaganzwa, Anatole Nsengiyumva, Elie Ndayambaje, Ferdinand Nahimana, Theeoneste Bagosora and Eliezer Niyitegeka. The 1951 Convention Relating to the Status of Refugees, to which 131 states are currently party, sets out the criteria for recognition of refugees and standards for their treatment. The Convention also provides for the exclusion of any person with respect to whom there are serious reasons for considering that he has committed a crime against peace, a war crime, or a crime against humanity. A similar exclusion provision is found in the 1969 refugee convention of the Organization of African Unity. UNHCR believes that the indictments by the tribunal constitute sufficient grounds for exclusion from refugee status in accordance with its own mandate and the OAU convention.

61 The exclusions were the first announced by UNHCR on the basis of the ICTR indictments since more than 2 million Rwandan refugees flooded into Zaire, Tanzania and Burundi following three months of civil war and genocide in Rwanda in 1994. (UNHCR GENEVA)

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62 Date: Thu, 03 Oct 1996 12:53:29 +0300 (GMT+0300) From: UN DHA IRIN - Great Lakes Subject: Rwanda: Press Briefing by Judge Goldstone, Prosecutor of ICTR 96.9.30

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UNITED NATIONS

30 September 1996

Press Briefing

______

PRESS BRIEFING BY PROSECUTOR OF INTERNATIONAL CRIMINAL TRIBUNALS FOR RWANDA AND FORMER YUGOSLAVIA

______

FOR INFORMATION OF UNITED NATIONS SECRETARIAT ONLY

[IRIN Note: Not an official record.]

At a press briefing this afternoon, Justice Richard Goldstone said he was very grateful for the invitation to meet with correspondents on his last day in office as he wanted to thank the media for its support for and constructive criticism of the work of the International Criminal Tribunals for Rwanda and for the Former Yugoslavia. Without media support they would not have existed and without continued media attention they would not have been taken seriously. Setting up the Tribunals was a very difficult task. Doing anything new, particularly in a bureaucratic context, was always difficult. "Any bureaucracy tends to reject anything new like the human body rejects a virus", he added.

The step the Security Council took in setting up the Tribunals was enormously important from the perspective of international humanitarian law, Justice Goldstone continued. There

63 had been no other attempt since the Nuremberg or Tokyo war crimes tribunals to enforce humanitarian law. It could not have been done, if the Council had not made the very brave link between restoring peace and restoring justice. The essential step was to set up the Tribunals under Chapter VII of the United Nations Charter as peace-keeping mechanisms.

It was too soon to judge benefits in the former Yugoslavia and Rwanda, but the Tribunals had enormous side benefits, he said. International humanitarian law was being taught for the first time in many universities in many countries and there were reports in the media every day on humanitarian law and the reports were often linked with the Tribunals.

Justice Goldstone said he had arrived from Capetown, South Africa this morning after co- chairing a workshop of international legal experts from 35 countries and non-governmental organizations. The workshop had been sponsored by the Nordic countries, South Africa and the International Committee of the Red Cross (ICRC) to discuss whether there should be a treaty, convention or other international instrument to set standards on international law to deal with internal situations and civil wars and to set minimum standards in states of emergency, where there were insurgents fighting governments, displaced persons and refugees. It had been unanimously decided to ask the United Nations High Commissioner for Human Rights to ask the Secretary-General to report urgently on the matter and to issue a call to governments to investigate their laws and educate their people on minimum standards. The meeting in Capetown would not have occurred if the Tribunals had not been set up.

The main problems associated with the Rwanda Tribunal had been getting started and getting funding, Justice Goldstone continued. Recruiting had to be done through the United Nations. Nevertheless, some countries had contributed in cash and in material goods such as computers and personnel, including lawyers. There had been problems such as the United Nations rule requiring 13 per cent cash from countries making any sort of contribution, whether material or personnel. There were also four points of control -- his office in The Hague, the prosecutors office operating under tremendous difficulties in Kigali, the registrar and judges in Arusha, and Headquarters which did all the recruiting. There were virtually no direct communications between Arusha and Kigali and all faxes and phone calls must be made through The Hague. No trial proceedings could begin until the accused were brought to Arusha to stand trials, but the cells there were below standard and unsuitable for a United Nations international Tribunal. Cells had to be built which could pass unannounced inspection by the International Committee of the Red Cross (ICRC).

In reply to a question about the standards for the cells, Justice Goldstone said he was not an expert on the matter but it had been under the control of the registrars in Kigali and The Hague, who had taken advice from experts in the field.

What comment did he have to accusations by the Vice-President of Rwanda that the Tribunal for the former Yugoslavia had moved faster and his accusation that the international community was racially biased? a correspondent asked. Justice Goldstone said that as an African, he had been particularly sensitive to any imbalance in the Tribunals. The accusations were without foundation. If anything, the Tribunal for Rwanda had been treated a little better and had received $2 million more than asked for. The Tribunal for the former Yugoslavia got

64 $5 million less than it wanted. The problem was not money, but getting people to work in Kigali and in Arusha. There were many vacant posts. Kigali was not a place where many people wanted to bring their families.

Was Justice Goldstone disappointed with the reluctance of the North Atlantic Treaty Organization (NATO) to arrest people indicted by the Tribunal? a correspondent asked. He said he was disappointed not only with the failure to move forward in that regard but also concerned about the future of the Tribunal for the former Yugoslavia and advances in international humanitarian law. Clearly, the primary obligation was on States parties to carry out arrests. The Dayton peace accords mentioned entities which did not include NATO or the multinational Implementation Force (IFOR), which had the power under international law to make arrests. It was unfortunate that the policy adopted lacked robustness. Anybody who expected people to fall voluntarily into the hands of IFOR was obviously either naive or not serious. It was important that arrests were made during the IFOR year and he hoped it was not too late.

Would Justice Goldstone tell that to the Security Council when he briefed it today and did he think that Serb leaders Radovan Karadzic and Ratko Mladic would ever be brought to trial? a correspondent asked. Justice Goldstone said he would certainly raise the issue with the Council. It was obvious that the prospects for arrests would depend on whether the Dayton Agreement was going to be implemented. The elections in Bosnia and Herzegovina had been certified and he hoped that the new entity set out in the Dayton accords would have a functioning parliament and a constitutional court. According to the constitution, there was a clear obligation to carry out all orders of the Tribunal and that obligation took precedence over all other laws in Bosnia and Herzegovina. If things go awry it would be difficult. He hoped any continuing international military force would be given powers to arrest those indicted.

Would he object to the lifting of sanctions in exchange for cooperating with the Tribunal? a correspondent asked. Justice Goldstone said that as Prosecutor it had been his job to investigate and issue indictments. It was up to the trial judges to confirm the indictment and issue warrants of arrest which were transmitted to the appropriate governments or administration by the registrar. Members of the Tribunal should not get involved in political steps.

A correspondent said on 7 April a major mass grave was excavated with the bodies of 181 Serbs executed by Croats, but nobody was indicted. Why was it swept under the carpet? she asked. Justice Goldstone replied that nothing had been swept under any carpet because the Tribunal did not have one for that purpose. The lack of indictments should not lead to the assumption there were no investigations under way. There were many important investigations in the Prosecutor's office into all sides of the hostilities in the former Yugoslavia. Increased cooperation from Belgrade and Pale had made the office more efficient with regard to Serb allegations of victimization in Bosnia and Herzegovina.

How did Justice Goldstone reconcile the concept of an international criminal court with notions of national sovereignty? a correspondent asked. He said the major reason why there was still no international criminal court was the natural knee jerk reaction of legislatures or

65 governments to invasions of national sovereignty. Countries would be bound to hand over their citizens to an international court which was to some extent an invasion of their sovereignty. If the jurisdiction was restricted to the major and most grievous violations of international humanitarian law, then no decent government should hesitate to give up sovereignty to that extent.

* *** *

66 Date: Fri, 04 Oct 1996 10:30:15 +0300 (GMT+0300) From: UN DHA IRIN - Great Lakes Subject: Rwanda: WFP Seed campaign kicks off in Rwanda 96.10.4

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WORLD FOOD PROGRAMME

NEWS BRIEF 4 October, 1996

Seed Campaign Kicks Off in Rwanda

The United Nations World Food Programme this week began distributing packages of bean seed and food to nearly 75,000 vulnerable farming families in Rwanda. WFP is providing more than US$ 1 million of food aid and 50 tons of high altitude bean seed to help farmers increase their yields over the coming months.

"Hunger often drives farmers to the point where they eat their scarce seed stocks," says Zlatan Milisic, WFP's Information Officer in Rwanda. "For this reason, food and seeds are being distributed simultaneously. Also traditionally, more food is consumed during the planting season -- a time of heavy physical labor."

The programme will benefit families primarily in the prefectures of Butare, Gikongoro and Kibuye, and the areas of Bugesera and Nasho, all of which are considered to be "high risk" areas for crop failure and food shortages.

Each family will receive eight kilograms of seeds along with a 40 kilo package of rice, beans and vegetable oil. This is enough food to sustain a family of five during the main month of the planting season. The family's food package is worth approximately US$ 28 in Rwanda. The World Bank puts Rwanda's average annual per capita income at US$ 80.

According to a recent assessment by WFP, the Food and Agriculture Organization (FAO), and the European Union (EU), some 576,000 Rwandans still require food aid support. While

67 Rwanda's war-wracked agricultural sector has been steadily recovering over the last two years, crop production remains 23 per cent below pre-war levels.

WFP is currently providing food to 350,000 Rwandans in more than 400 activities countrywide. More than 65 per cent of WFP's assistance in Rwanda is provided through food-for work programmes. In these programmes, community members receive WFP food packages as compensation for their work on local rehabilitation projects that help improve agriculture, clean fisheries, build houses, develop water catchments, repair roads, and other infrastructure rebuilding activities.

WFP's seed protection packages are part of a joint programme supported by the EU and FAO.

***

The United Nations World Food Programme is the largest international food aid organization in the world. Last year,WFP fed more than 50 million people, including half of the world's refugees and internally displaced people.

For More Information, Contact:

Michele Quintaglie Information Officer WFP Kenya Tel. 622336

Zlatan Milisic Information Officer WFP Rwanda Tel. (250) 76486/74688/76368

[ENDS]

68 Date: Thu, 12 Dec 1996 11:47:33 +0300 From: UN DHA IRIN - Great Lakes Subject: Rwanda: ICTR: Initial appearance of Obed Ruzindana 29 Oct 96 96.10.29

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[IRIN Note: While this press release is considerably delayed, we feel IRIN subscribers may find it useful. In collaboration with the ICTR, IRIN hopes to bring out more information from the ICTR in the coming months.]

UNITED NATIONS NATIONS UNIES International Criminal Tribunal for Rwanda Tribunal penal international pour le Rwanda

Arusha International Conference Centre P.O. Box 6016, Arusha, Tanzania

Tel: 255 57 4207-11/4367-72 or 1 212 963 2850 Fax: 255 57 4000/4373 or 1 212 963 2848

PRESS RELEASE Date: 29 October 1996 Ref. ICTR/INFO-9-1-052

OBED RUZINDANA APPEARS IN FRONT OF THE ICTR

The initial appearance of Obed Ruzindana took place at the International Criminal Tribunal for Rwanda (ICTR) in Arusha on October 20 1996. He was heard by the Trial Chamber composed of Judge Laity Kama, Presiding judge, Judge Jacob Ostrovsky and Judge Lennart Aspegren. Obed Ruzindana is part of two indictments. One indictment charges him with:

Genocide, conspiracy to commit genocide, crimes against humanity, a violation of article 3 common to the Geneva Conventions, and a violation of Additional Protocol II.

Obed Ruzindana is accused of taking part in a series of attacks during April, May and June 1994 in the area of Bisesero against Tutsi men, women and children, which resulted in thousands of deaths and numerous injuries.

69 The accused pleaded not guilty on all seven counts of this indictment (Count one and counts 20 to 25) the trial for these charges was set for 20 February 1997.

In a second indictment Obed Ruzindana is also charged with:

Genocide, complicity in genocide, conspiracy to commit genocide and crimes against humanity.

In this indictment, Ruzindana is alleged to have participated in an attack on 16 April 1994 in Kibuye Prefecture, on Tutsi men women and children who had taken refuge in the Mugonero complex, which included a Church, on infirmary and a hospital. The attack resulted in hundreds of deaths and a large number of wounded.

Obed Ruzindana pleaded not guilty on all six counts (one to six) of this indictment.

His trial is set for 8 May 1997.

The accused was born in 1959 in Kibuye Prefecture. He was a commercial trader in Kigali and in Rwamatamu Commune, Kibuye Prefecture, during the time period in which the crimes alleged in the two indictments occurred.

Obed Ruzindana was arrested in Nairobi on 20 September 1996 by the Kenyan police and he was transferred tot he UN detention facilities in Arusha on 22 September 1996.

"Kenya recently arrested and transferred immediately a person who was indicted by us. This was a remarkable performance on the part of Kenya and a very welcome initiative" said Chief Prosecutor Judge Louise Arbour during her recent visit to Arusha.

[ENDS]

[Via the UN DHA Integrated Regional Information Network "Wire" mailing list. The material contained in this communication may not necessarily reflect the views of the United Nations or its agencies. UN DHA IRIN Tel: +254 2 622123 Fax: +254 2 622129 e-mail: [email protected] for more information. If you re-print, copy, archive or re-post this item, please retain this credit and disclaimer.]

70 Date: Tue, 14 Jan 1997 09:07:21 +0300 From: UN DHA IRIN - Great Lakes Subject: Rwanda: Amnesty International: "FI002 97 Unfair trial" 97.1.13

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/* Written 4:52 PM Jan 13, 1997 by rmitchellai in gn:ai.uan */ /* ------"AI FI002/97 RWANDA Unfair trial" ------*/ +------+ + Paper reprints authorised. Electronic redistributors + + must request permission from Amnesty International. + + Contact: [email protected] (UK) + + [email protected] (USA) + + [email protected] (Germany) + +------+

EXTERNAL AI Index: AFR 47/04/97 13 January 1997

Further information on UA 02/97 (AFR 47/01/97, 3 January 1997) - Death penalty / Unfair trial

RWANDA Deogratias Bizimana, former medical assistant Egide Gatanazi, former local government administrator new names: Francois Bizumutima, former teacher from Byumba, aged 32 Augustin Ngendahayo, former teacher from Butare Faustin Niyonzima, former teacher from Butare Ignace Nsengiyumva, former teacher from Butare

More trials have been taking place in Rwanda for defendants accused of participation in the 1994 genocide.

At a trial in Byumba, which began on 31 December 1996, the prosecution called for a death sentence against a former teacher accused of genocide, Francois Bizumutima. The prosecution also reportedly asked for damages of 500 million Rwandese francs (about US$1.6 million) to be paid to the victims of a massacre in Byumba in 1994.

Amnesty International is concerned that the trial of Francois Bizumutima was grossly unfair. The defendant had been unable to obtain a lawyer. When he asked for a defence lawyer, he was asked by the judge why he needed one. The witnesses asked for by Francois Bizumutima did not appear in court. The sentence is due to announced on 17 January.

71 In a trial in Butare on 10 January, the prosecution called for the death sentence for three defendants, Augustin Ngendahayo, Faustin Niyonzima and Ignace Nsengiyumva, all former teachers from Butare accused of participation in the genocide. There was no defence lawyer present at their trial. The defendants' request for the trial to be adjourned was rejected. Their sentence is also due to be announced on 17 January.

Deogratias Bizimana and Egide Gatanazi, sentenced to death in Kibungo on 3 January 1997, have said that they will be lodging appeals against their sentences and are looking for defence lawyers. The appeal period expires on 18 January. If their appeal is rejected, they will have three months to ask for presidential grace or commutation of their sentences.

At least six further trials of genocide suspects are due to start in other parts of Rwanda in January.

Please continue appeals on behalf of Deogratias Bizimana and Egide Gatanazi as outlined in the original UA to the addresses previously listed (the addresses for this update differ from those on the original UA).

FURTHER RECOMMENDED ACTION: Please send telegrams/faxes/express/ airmail letters in French, English or in your own language:

- referring to the trials in Kibungo of Deogratias Bizimana and Egide Gatanazi, where death sentences were passed, expressing concern that future trials are likely to be unfair and to similarly violate fundamental human rights;

- expressing concern that the trials of Francois Bizumutima in Byumba and of Augustin Ngendahayo, Faustin Niyonzima and Ignace Nsengiyumva in Butare were unfair, as there were no defence lawyers present at the trial and witnesses failed to appear;

- urging the authorities to refrain from applying the death penalty, as it constitutes a violation of the right to life;

- calling for a retrial of Francois Bizumutima, Augustin Ngendahayo, Faustin Niyonzima and Ignace Nsengiyumva in the light of the above concerns; this retrial should conform to international standards of fairness, including ensuring that the defendants are assisted by legal counsel, and should not impose the death penalty.

APPEALS TO:

For Byumba cases only:

Prosecutor:

Maitre Tigrius CUICREDIDI

72 [Salutation: Monsieur Procureur/Dear Prosecutor] Procureur pres le parquet de la Republique Parquet de Byumba Prefecture de Byumba, Rwanda Telegrams: Procureur Cuicredidi, Byumba, Rwanda Tel/fax: +250 64157 / 64287

First Assistant Prosecutor:

Maitre Francois MUSUHUKE [Salutation: Monsieur le Substitut Procureur/Dear Assistant Procurator] Premier substitut procureur pres le parquet de la Republique Parquet de Byumba Prefecture de Byumba, Rwanda Telegrams: Substitut procureur, Byumba, Rwanda Tel/fax: +250 64157 / 64287

For Butare cases only:

Prosecutor:

Maitre Libanje GASHEMEZA [Salutation: Monsieur Procureur/Dear Prosecutor] Procureur pres le parquet de la Republique Parquet de Butare Prefecture de Butare, Rwanda Telegrams: Procureur Gashemeza, Butare, Rwanda Tel/fax: +250 30226 / 30367

First Assistant Prosecutor:

Maitre Kibibi KAMANZI [Salutation: Monsieur le Substitut Procureur/Dear Assistant Prosecutor] Premier substitut procureur pres le parquet de la Republique Parquet de Butare Prefecture de Butare, Rwanda Telegrams: Substitut procureur, Butare, Rwanda Tel/fax: +250 30226 / 30367

For all cases:

Justice Minister:

Faustin NTEZIRYAYO [Salutation: Monsieur le Ministre / Dear Minister] Ministre de la Justice Ministere de la Justice BP 160, Kigali, Rwanda Fax: +250 86509 Telegrams: Justice Minister, Kigali, Rwanda

President:

Son Excellence Pasteur BIZIMUNGU President de la Republique

73 Presidence de la Republique BP 15, Kigali, Rwanda Fax: +250 84390 Telegrams: President, Kigali, Rwanda [Salutation: Monsieur le President / Dear President]

PLEASE SEND COPIES OF YOUR APPEALS TO: His Excellency Dr Zac Nsenga, Embassy of Rwanda, Uganda House, 58-59 Trafalgar Square, London WC2N 5DX. Fax: 0171 839 8925

AND, IF POSSIBLE, TO THE FOLLOWING:

Procurator General:

Simeon RWAGASORE Procureur general Parquet general BP 2886, Kigali, Rwanda

Prime Minister:

Monsieur Pierre-Celestin RWIGEMA Premier Ministre BP 15, Kigali, Rwanda Fax: +250 83714

PLEASE SEND APPEALS IMMEDIATELY. Please do not send appeals after 28 February 1997.

[Via the UN DHA Integrated Regional Information Network "Wire" mailing list. The material contained in this communication may not necessarily reflect the views of the United Nations or its agencies. UN DHA IRIN Tel: +254 2 622123 Fax: +254 2 622129 e-mail: [email protected] for more information. If you re-print, copy, archive or re-post this item, please retain this credit and disclaimer.]

74 Date: Thu, 16 Jan 1997 12:17:28 +0300 From: UN DHA IRIN - Great Lakes Subject: Rwanda: UN Press Release on incident in Gisenyi 97.1.15 (fwd)

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NATIONS UNIES UNITED NATIONS

OFFICE OF THE UN RESIDENT COORDINATOR FOR THE UN SYSTEM'S OPERATIONAL ACTIVITIES FOR DEVELOPMENT IN RWANDA

B.P. 445, Kigali Rwanda Phone: (250) 75381, 76906, 72796, 75773 Fax: (250) 76263, 73360

15 January 1997

PRESS RELEASE

Following the incident in Gisenyi Prefecture on 13 January in which four staff of the UN Human Rights Field Operation in Rwanda (HRFOR) were attacked by ten unidentified armed men, the Chief of Mission of HRFOR, Mr. Javier Zuniga, has decided, in consultation with the UN Resident Coordinator and Designated Official for Security, Mr. Omar Bakhet, to temporarily suspend HRFOR operations in the Kabaya and Ngororero sub-prefectures of Gisenyi Prefecture.

The UN system in Rwanda is extremely concerned over this attack on Human Rights field staff. The incident, in which no serious injuries were sustained, is being investigated by the local authorities and by HRFOR.

All other UN operations in Gisenyi Prefecture are continuing as normal.

For further information please contact the office of the UN Resident Coordinator for the UN System's Operational Activities for Development in Rwanda

B.P. 445, Kigali Rwanda Phone: (250) 75381, 76906, 72796, 75773 Fax: (250) 76263, 73360

75 [ENDS]

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76 Date: Tue, 21 Jan 1997 15:46:37 +0300 From: UN DHA IRIN - Great Lakes Subject: Rwanda: Statement from the UN Resident Coordinator 97.1.20

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UNITED NATIONSNATIONS UNIES

OFFICE OF THE UN RESIDENT COORDINATOR FOR RWANDA

The Resident Coordinator of the United Nations system in Rwanda, said today he deeply regrets the deaths of three international staff members of the NGO Medicos del Mundo and the wounding of a fourth.

"It is unconscionable that those here for the sole purpose of saving lives are targeted for attack," Mr. Omar Bakhet, the resident coordinator, said.

A meeting of heads of UN agencies and representatives of NGOs in Rwanda today resulted in enhanced security measures for UN and NGO personnel. Among those measures include limiting staff presence in Ruhengeri to day light hours, increased communication between the UN and NGOs, plus heightened technical and educational security precautions.

Following the morning session, the heads of UN agencies and NGOs met with representatives of the Rwandan Ministry of Defense who promised to assist in creating a greater security presence in the area. The UN and NGOs currently are engaged in additional meetings with officials of the Government of Rwanda regarding the situation in the country.

In an attack in Ruhengeri Saturday night, four unidentified intruders entered the residence of members of Medicos del Mundo and shot to death a doctor, a logistician and a nurse from Spain. They were Dr. Manuel Madrazo Osuna, nurse Flores Sirera Fortuny and logistician Luis Valtuena Gallego. An American doctor, Nitin Madhav was shot in the leg, which was later amputated. He remains in serious but stable condition in a Nairobi, Kenya hospital.

[20 January, 1997]

(For further information contact John McMillan, UNDP Press Officer, P.O. Box 445 Kigali, Tel (250) 75773 or 73360, Fax (250) 76263 or 73360, Internet: [email protected])

[ENDS] [Transcribed by UN DHA IRIN, Nairobi.]

77 [Via the UN DHA Integrated Regional Information Network "Wire" mailing list. The material contained in this communication may not necessarily reflect the views of the United Nations or its agencies. UN DHA IRIN Tel: +254 2 622123 Fax: +254 2 622129 e-mail: [email protected] for more information. If you re-print, copy, archive or re-post this item, please retain this credit and disclaimer.]

78 Date: Thu, 23 Jan 1997 14:02:04 +0300 From: UN DHA IRIN - Great Lakes Subject: Rwanda: ICRC News - Refugees Return to Kamember 97.1.22

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------Forwarded message ------Date: Wed, 22 Jan 1997 15:53:58 +0100 From: ICRC Geneva

ICRC NEWS 03

[...]

RWANDA REFUGEES RETURN TO KAMEMBE

In the south-western Rwandan town of Kamembe humanitarian organizations are now facing a flood of returning refugees from Zaire, most of whom are in very poor health. Since 8 January nearly 2,000 people a day have been crossing the border near Bukavu. Delegates have aided dozens of the weakest individuals, and some 300 have been hospitalized. A water distribution centre with a capacity of 18,000 litres per day has been set up at the Nyagatare transit centre.

********

The ICRC was saddened and indignant to learn of the murder in Ruhengeri on 18 January of three Spanish representatives of Midecins du monde. The ICRC is no stranger to such events, two of which in 1996 took the lives of nine of its delegates in Burundi and Chechnya. Its expatriates stationed in Gisenyi and Ruhengeri are now in Kigali, where intensive discussions are being held at the ICRC delegation and numerous outside contacts have been made in order to work out an approach that will allow the ICRC to continue working for all the victims of conflict in the region.

********

Further information: Laura O'Mahony, ICRC Kigali, Tel. ++ 250 72 781 Josui Anselmo, ICRC Nairobi, Tel. ++ 2542 716 339 Rolin Wavre, ICRC Geneva, Tel. ++41 22 730 2876

[...]

79 [ENDS]

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80 Date: Fri, 14 Feb 1997 14:02:54 +0300 From: UN DHA IRIN - Great Lakes Subject: Rwanda: International NGO Statement on attacks in Rwanda 97.2.11

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[Source: International NGO Forum, Rwanda.]

Statement by International Non Governmental Organisations working in Rwanda.

We, International Non Governmental Organisations working in Rwanda, condemn the recent attacks on members of the international community. We extend our condolences to the victims, both Rwandan and International, their families and colleagues. We are concerned that such attacks members of the International Community and their colleagues are intended to discourage international assistance to the people of Rwanda.

International NGOs in Rwanda provide assistance to all Rwandans in accordance with the Red Cross and NGO Code of Conduct. We are not in Rwanda to further any particular political or religious standpoint, or any government's foreign policy, but to provide aid regardless of the race, creed or nationality of the recipients and without adverse distinction of any kind.

We reaffirm our commitment to serving the people of Rwanda. All Rwandans have the right to receive Humanitarian Assistance in proportion to their needs. We will continue to provide such assistance for all Rwandans. We recognise that we also have a responsibility to our staff, both Rwandan and International, and we will restrict our activities as necessary to limit their exposure to risk.

Kigali, 11/2/97 International NGO Forum

[ENDS]

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81 Date: Fri, 21 Feb 1997 18:38:46 +0300 From: UN DHA IRIN - Great Lakes Subject: Rwanda: IRIN Special Feature on Rwandan Trials 19 Feb 97 97.2.19

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U N I T E D N A T I O N S Department of Humanitarian Affairs Integrated Regional Information Network

Tel: +254 2 622147 Fax: +254 2 622129 E-mail: [email protected]

As a response to the results of our recent questionnaire, IRIN is introducing a new series of reports - IRIN "Special Features" - on topical issues in the region. This is the first in the series. Some of these features will be commissioned by IRIN and some will be undertaken by IRIN staff, but in either case, their contents reflect the opinions of the author, and cannot be taken to reflect the views of the United Nations.

IRIN SPECIAL FEATURE 1/97

THE RWANDAN GENOCIDE TRIALS: BUILDING PEACE THROUGH JUSTICE 19 February 1997

"The exceptional situation in the country requires the adoption of specially adapted measures to satisfy the need for justice of the people of Rwanda." These words, encapsulated in Rwanda's newly promulgated Organic Law (or Genocide Law), illustrate the necessity to show Rwandans in particular, and the world in general, that the architects of the April-July 1994 genocide cannot go unpunished. Two and half years after the mass slaughter in which at least 500,000 Tutsis and moderate Hutus died, the beginning of 1997 finally witnessed the start of trials of those suspected to have taken part in the Rwandan genocide.

Parallel trials are underway, both in Rwanda and in Arusha, Tanzania, where the UN International Criminal Tribunal for Rwanda (ICTR) is based. The scope and mandate of the two systems vary enormously. The ICTR, with a budget of $36 million for 1996, has indicted 21 people. Thirteen are in detention (11 in Arusha, one in Switzerland and one in the USA), the others are still at large. Rwanda's jails and detention centres, meanwhile, are crammed with some 90,000 detainees, of whom about 2,000 are on a preliminary official list of "Category 1"

82 accused as provided for in the Organic Law (Footnote 1). If found guilty, these defendants face the death penalty.

Rwanda's Directeur de Cabinet in the Ministry of Justice, Gerald Gahima, points out that his country's justice system had to be started from scratch after the war. According to some estimates, the sheer number of detainees in Rwanda means it would theoretically take about 200 years to judge them all. Rwanda has indicated that prisoners on the Category 1 list will go to trial. It is hoped many others will come forward under a "Confession and Guilty Plea" procedure contained in the Organic Law, according to which self-confession could result in reduced penalties.

But although Category 1 defendants have the right to confess and plead guilty, the death penalty to which they are liable is mandatory and must be pronounced by the court. The UN Human Rights Field Operation in Rwanda (HRFOR) says the "Confession and Guilty Plea" measure marks a radical innovation in criminal procedure as hitherto followed in Rwanda. A defendant who wishes to plead guilty must describe in detail all the offences committed, the date, time and scene of each criminal act and the names of victims and witnesses if known. S/he must also furnish any further information which may aid the prosecution.

Time will tell whether this procedure is effective and workable. Rwandan officials have gone to South Africa to look into the workings of the Truth and Reconciliation Commission there and it is likely that once the trials have been underway for a length of time, a similar mechanism will be set up in Kigali. The South African Truth Commission is empowered to grant reparations to victims of atrocities as well as an amnesty or indemnity from prosecution for perpetrators who confess their crimes. In the meantime, Rwanda appears to be steaming ahead with its trials, which began on 27 December 1996. As of 16 February, 12 genocide cases had been tried, with 11 Category One defendants given death sentences and one Catergory Two defendant given life imprisonment.

Rwanda, fiercely critical of the ICTR, is bitter that the international court does not have a mandate to impose the death penalty, yet it is judging some of the alleged ringleaders of the genocide. "It would be better for the ICTR to disband completely and the money used for rehabilitation schemes such as helping widows and orphans in our country," Gahima believes. He explains the rapidity of the trials by the fact that Rwanda's legal system is "different". Witnesses are not cross-examined, having made their statement in writing beforehand.

Gahima also rejects international criticism that defendants have no time to prepare their cases nor access to legal representation. He says Rwanda has no resources for providing defence lawyers but if foreign groups want to become involved they can operate in complete freedom. "Why should Rwanda delay its trials just because there are no defence lawyers?" he says. "This means that thousands of people would go unpunished for the crimes they have committed and it would send the wrong signal to the people." For the same reason, Rwanda is unable to provide witness protection, an issue which human rights monitors say must be resolved following numerous instances of murder and attacks on vulnerable groups such as genocide survivors and judicial personnel. Many witnesses have refused to testify out of fear or have been forced to move for their own security.

83 After the first cases in Kibungo, Kigali and Byumba last year in which the first two (unrepresented) defendants were sentenced to death (there is a 15-day appeal procedure), Rwanda seems to have to taken some of the criticism on board to a certain extent and foreign lawyers have now been invited to represent the accused. A case in point is that of one of the most notorious defendants undergoing trial in Kigali. Froduald Karamira, a former politician and businessman, was arrested at Addis Ababa airport and extradited to Rwanda last June while trying to flee during a stopover of a flight bringing him back from India. Allegedly one of the chief instigators of the genocide in the Kigali area, he was represented by a Beninois lawyer provided by the independent jurists' association, Avocats Sans Frontieres.

The three-day trial, which had been adjourned and resumed on 29 January 1997 to a packed courtroom, was highly emotionally charged. Despite a pronouncement by the judge that displays of jeering, clapping or laughing were forbidden, this went unchecked by the court. The trial itself was surprising with the defence lawyer finally announcing he was delivering his client to the will of the Rwandan people, and that Karamira should ask their forgiveness. He asked for Karamira to be spared the death penalty, while the defendant himself told the court that if his death would help bring about national reconciliation then so be it. Karamira was convicted and sentenced to death on February 14 and given 15 days to appeal.

Coupled with the emotion of the trials, are the sheer physical restrictions of the courtrooms. Rwanda says the courts of first instance, where the genocide trials are being heard, have been sufficiently improved to enable the cases to go ahead. But the fact remains that the courtrooms were never intended to deal with cases of this magnitude and they remain small, cramped and uncomfortable, lacking in ventilation and amenities. Seating is provided by low benches, occupied for the most part by lawyers, journalists, civil damages claimants, human rights monitors and diplomatic representatives. Any standing room is taken up by members of the public. Often, the trials continue throughout the day without a break.

The trials in Rwanda beg the question of whether fair justice can be meted out by a court essentially made up of lawyers and magistrates (predominantly of one ethnic group) without recourse to a jury. This is an issue of grave concern to HRFOR which is closely monitoring the progress of justice in Rwanda. While welcoming the start of the trials, HRFOR expressed anxiety over the lack of legal representation both for defendants and civil claimants who may not know the extent of their rights, as well as other fair trial guarantees. HRFOR has also pointed out that Rwanda is a signatory to the International Covenant on Civil and Political Rights (ICCPR) and was therefore bound by article 14 which entitles a defendant "to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing . . . " HRFOR admits it has little influence over the course of events. An HRFOR official stressed it was up to the international community, especially donor countries, to bring pressure to bear on the Rwandan government.

A government response is still awaited to a project proposal put forward by Rwandan and foreign lawyers concerning legal representation for civil claimants and defendants, in which it is stressed that counsel must be available to instruct them of possible avenues of appeal. To this end, the lawyers suggested creating a Legal Representation Agency as a central body to

84 harness resources aimed at providing legal counsel, acting independently of the government. Foreign lawyers would be recruited to train Rwandan legal practitioners, drawn mainly from law graduates and students. The proposal, at an estimated cost of $1,744,500, pointed out that any attempts to provide counsel for defendants must be accompanied by a public awareness campaign to sensitise people to the right to defence and representation.

Rwanda itself instituted screening commissions known as Commissions de Triage, favoured in theory by human rights monitors. The commissions were an attempt to avoid summary justice by examining the cases of detainees at prefectural and commune level. Although the inspector of judicial police, IPJ, is responsible for judicial investigations, the government was forced to revise the composition of the commissions to include the prosecutor as well as representatives of the RPA, the gendarmerie, and intelligence services. This too backfired, however, as there was rarely a quorum and decisions were pronounced invalid. Released suspects were rearrested. The commissions were initially scrapped, but have just been given another lease of life by the UN Development Programme in Kigali which is helping to relaunch them as "Commissions de Triage Specialisees". UNDP was previously involved in providing support to the commissions in the form of equipment, vehicles and computers.

The ICTR, established by Security Council Resolution 955 (Footnote 2) on 8 November 1994, has come under strong international criticism for being slow and ineffective. In a press briefing last September, outgoing Prosecutor, Judge Richard Goldstone, pointed out that the main problems had been starting up, lack of secure funding and bureaucratic tussles. Recruitment had to be carried out through the United Nations, he said, and qualified staff were mostly unwilling to work in Arusha and in Kigali, where the Prosecutor's Office is situated.

The Tribunal is still under-staffed, resources are scant (the press room has just one telephone) and Arusha is an unlikely venue for an international tribunal because of poor communications and complicated logistics. However, Judge Goldstone stressed that the Security Council had taken an important step from the perspective of international humanitarian law in setting up the Tribunal. He commended the Council for making "the very brave link" between restoring peace and restoring justice. As a judicial institution, the Tribunal is independent of any nation or group, including the Security Council.

Despite many setbacks, and a highly critical recent UN report on its management, the ICTR - whose six judges currently have a four year term from June 1995 - has an important role to play in enforcing international law and rendering fair justice. Its Statute guarantees that defendants are innocent until proven guilty. They have the right to legal assistance and the right against self-incrimination. Individuals cannot be tried in absentia, neither can they be sentenced to death. The Tribunal believes it is of the utmost importance to demonstrate equitable treatment to both the defence and the prosecution.

Resolution 978 (Footnote 3) of 27 February 1995 calls on UN member states to arrest and detain suspects on their territory and the Tribunal is mandated to take precedence over national courts, which has led to accusations by Rwanda of invasion of its national sovereignty. The Rwandan government has also criticised the Tribunal for not making its own indictments, alleging these have been carried out at the request of other countries. A statement

85 by Avocats Sans Frontieres called for extending the ICTR mandate to include the possibility of ruling on claims for damages sought by genocide victims. The statement voiced concern that the mandate was restricted to judging the events which actually took place and not the widely- supported theory that the genocide had been planned long before the massacres occurred.

The thirst for vengeance in Rwanda is understandable, as is the feeling of frustration that those considered to be the main inciters of the massacres will never die for their crimes. It will be difficult for genocide survivors to reconcile this with statements that impunity must be eradicated, when they feel that at the very worst these "big fish" will get life imprisonment. Because of this, upholding the credibility of the ICTR to those most involved - the Rwandans - will be very difficult. As the trial of the first defendant Jean-Paul Akayesu, the former mayor of Taba commune in Gitarama prefecture, resumed on 9 January this year, Rwanda had already convicted two people to death. The Akayesu trial is expected to last some eight weeks during which 31 witnesses, who can be cross-examined, are set to give evidence.

With the appearance of witnesses for the first time in Arusha, the importance of security has increased several-fold. To this effect, a witness protection unit has been established within the ICTR charged with upholding the security measures agreed by the court. These include using pseudonyms when referring to witnesses to conceal their identity, forbidding the filming, sketching or photographing of witnesses while on the premises of the ICTR and excluding any identifying data from public court records. The issue of protecting witnesses is very sensitive and ICTR officials are not keen to elaborate on the measures.

A growing number of attacks and murders in Taba commune as the date of the Akayesu trial approached, illustrates the crucial need for witness protection. According to the local authorities, in one murder incident, the victim, a shopkeeper, had given testimony to local judicial officials and the ICTR. Other potential witnesses have been intimidated to the point that they are no longer willing to give evidence.

A major concern now is that the mass return of refugees from Tanzania and Zaire, including ex-FAR/Interahamwe infiltrators and genocide suspects, may undermine attempts to redress the legal system. In 1996, an estimated 227 genocide survivors were killed, most of them in the volatile western prefectures bordering Zaire. Human rights monitors found that most of those responsible for the killings were ex-FAR/Interahamwe or other insurgents opposed to the government. Following the November-December arrival of over a million refugees from Zaire and Tanzania, HRFOR received reports that returnees were implicated in such attacks. Rwanda's emergent legal process could be thrown into jeopardy if killings of genocide survivors spiral out of control.

Rwanda recognises, however, that it cannot continue throwing people into jail withourb trial. Since the mass return there has been an inevitable increase in arrests: 5,000 according to the Rwandan government, 7,000 according to HRFOR. Many people have turned themselves in for their own protection. Additionally, a large number of arrests were arbitrarily carried out when returnees arrived in their communes, HRFOR said. Prison conditions have been described as appalling and HRFOR says it has noticed a deterioration in the ill-treatment of detainees. While also expressing outrage over the extra-judicial executions of four genocide

86 suspects by members of the RPA in December, HRFOR has welcomed the trial of an RPA officer implicated in the April 1995 Kibeho camp killings, as a step in the right direction for Rwandan justice. Lt.Col Fred Ibingira, who commanded troops sent in to close the camp, was found guilty of failing to protect the lives of civilians. The Military Court sentenced him to 18 month's imprisonment but given the time spent in pre-trial custody he was considered to have served his term.

The elimination of impunity is essential to ensure that the cycle of genocide is broken in Rwanda. National reconciliation will only be brought about when justice is seen to be done. In this context, the ongoing trials in Arusha and Rwanda must be supported. Rwanda has to find a balance between satisfying the demands of its people for speedy justice and demonstrating fair procedures to the outside world. The ICTR must not be allowed to procrastinate.

While doubting that the main architects of the genocide feel any remorse for their actions, many Tutsis accept that they have to live side by side with their Hutu neighbours again, despite feelings of suspicion and mistrust. The tentative steps towards national reconciliation and rehabilitation must be respected and sensitively handled. Also, how long will it take for Rwandans to feel vindicated while many of the truly "big fish" are still at large, escaping justice? The Rwandan genocide was one of the worst instances of crimes against humanity this century and the international community has a duty in helping bring the perpetrators to justice and maintaining assistance and observation of the trials, whose success is vital if peace and stability is ever to return to the Great Lakes region.

Footnotes:

1. The Organic Law of 30 August 1996 was promulgated to close the gap in Rwandan legislation which had no specific provision for punishing genocide and crimes against humanity. The law is limited to events that occurred between 1 October 1990 and 31 December 1994. People accused of genocide are classified according to four categories: Category 1 is sub- divided into four groups comprising a) the planners, organisers, instigators, supervisors and leaders of genocide or a crime against humanity b) people in positions of authority at national, prefectural, communal, sector or cellule level, or in a political party, the army, religious organisations or in a militia who perpetrated or fostered such crimes c) notorious murderers who by virtue of the zeal or excessive malice with which they committed atrocities, distinguished themselves in their areas of residence or wherever they passed d) persons who committed acts of sexual torture. Category 2 is made up of persons whose criminal acts or whose acts of criminal participation place them among perpetrators, conspirators or accomplices of intentional homicide or serious assault against person, causing his/her death. Category 3 is classified as people whose criminal acts or acts of criminal participation make them guilty of other serious assaults against the person. Category 4 comprises people who committed offences against property.

2. Available from IRIN on request.

3. Available from IRIN on request.

87 [ENDS]

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88 Date: Tue, 04 Mar 1997 10:50:10 +0300 From: UN DHA IRIN - Great Lakes Subject: Conference on Peace, Gender and Development held in Kigali

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United Nations Development Programme undp Sustainable human development

OFFICE OF THE UNDP RESIDENT REPRESENTATIVE IN RWANDA

B.P. 446, Kigali, Rwanda Tel: (250)763.81, 769.06 Fax: (250)762.63 or 73360

March 3, 1997

(The following statement was released at the end of the Pan-African Conference on Peace, Gender and Development held in Kigali 1 - 3 March, 1997)

The Director of UNDP's Regional Bureau for Africa pledged that her agency stands ready to help women take their rightful place in national affairs, "to move from talk to action, from plan to implementation, from hope to achievement."

Speaking at the Pan-African Conference on Peace, Gender and Development in Kigali, Ellen Johnson-Sirleaf, an Assistant Administrator of UNDP, said Rwanda is at a critical point in its transformation from crisis to recovery. "A critical component in this transformation will be the leadership by women. Until now, much of the leadership in Africa has been parochial, partisan and based on narrow, personal interest. This style of leadership, monopolizing power and privilege, lies at the heart of disharmony and conflicts in our societies."

Ms. Johnson-Sirleaf said women suffer excessively not only in war, but during peace. "The monopolization of power and privilege manifests itself in a variety of ways -- in unequal access to the resources of the country: land, income, social services; in denial of the right to

89 self-determination and the exercise of political choices; in the disproportionate allocation of national resources for military purposes and in the exclusion of women from decision-making. In effect, poverty is the direct result of this monopolization of power and privilege.

"For women," she said, "the impact is immediate and devastating as the feminization of poverty increases. It must, therefore, be a central concern."

Ms. Johnson-Sirleaf said in slightly more than two years (Rwanda) has made great strides in recovering from the genocide and war which devastated the country: "Basic services have been restored, people are returning in larger numbers to productive endeavors, the economy is beginning to respond to the policy stimuli which have been consistently applied.

"This represents a painful but remarkable passage from an abyss of death, destruction and violence to a point of recovery, reconstruction and possibly reconciliation. Rwanda has thus risen from the ashes of genocide and war and is climbing the long path to sustainable peace."

Ms. Johnson-Sirleaf said, "In all of this women have been both victims and victors." Nevertheless, she added, "As Rwandans engage in the arduous task of rebuilding a ravaged country, the prime movers are women."

The platforms which come from the work of the Pan-African Conference, she said, will provide the vision for women of the world.

(For more information, contact John McMillan, UNDP, Kigali)

Nairobi, 4 March 1997

90 Date: Fri, 14 Mar 1997 16:23:42 +0300 From: UN DHA IRIN - Great Lakes Subject: Rwanda: ICTR Trial of Rutaganda postponed until 18 March 97.3.6

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UNITED NATIONS NATIONS UNIES

International Criminal Tribunal for Rwanda Tribunal penal international pour le Rwanda

Arusha International Conference Centre P.O. Box 6016, Arusha, Tanzania Tel: 255-57-4207-11/4367 or 1-212-963-2850 Fax: 255-57-4000/4373 or 1-212-963-2848

PRESS RELEASE

Arusha, 6 March 1997 Ref: ICTR Info 9-2- 037

TRIAL OF RUTAGANDA POSTPONED TO 18 MARCH 1997

ICTR Trial Chamber I, composed of Judge Laity Kama, presiding judge, Judge Yakov Ostrovsky and Judge Lennart Aspegren, meeting on Thursday, 6 March 1997, set the firm date of 18 March 1997 for the commencement of the trial of Georges Anderson Rutaganda.

The Chamber had received a motion from the Prosecutor for a two-week delay in the commencement of the trial of Rutaganda until 25 March 1997.

At the time of rendering its decision, the Chamber stressed that it was time the trial started.

Moreover, a favorable ruling was made in regards to the extremely urgent request filed by the Defence for depositions of the 16 defence witnesses for the accused, Georges Anderson Rutaganda, who are based in the Tingi-Tingi refugee camp in Zaire, to be taken urgently in writing or by video-conference.

During the presentation of this request on 4 March 1997, the Defence had explained that the Tingi-Tingi refugee camp had been attacked on 2 March 1997, and that they were unable to locate the said witnesses. The substance of the Defence's request is therefore null and void.

91 In its decision, motivated by the concern to ensure full respect for the rights of the accused and to achieve an equitable resolution of the matter, the Chamber issued the order that:

(i) Every effort should be made to assist the Defence to locate the 16 witnesses mentioned in the request dated 15 February and separate them from the main body of refugees;

(ii) The cooperation of States, the United Nations system including the United Nations High Commission for Refugees, and all other organizations, capable of providing assistance in the matter, should be sought to that end;

(iii) The said witnesses should be placed under the protection of the Tribunal as soon as they are located and separated from the other refugees.

And directed the Registrar to execute the present order immediately and report back to the Chamber on its implementation.

For further information please contact Information Unit, International Criminal Tribunal for Rwanda, Arusha International Conference Centre, P.O. Box 6016, Arusha, Tanzania, Tel: 255-57-4207-11/4367 or 1-212-963-2850, Fax: 255-57-4000/4373 or 1-212-963-2848

[ENDS] [Transcribed by UN DHA IRIN Nairobi.]

[Via the UN DHA Integrated Regional Information Network "Wire" mailing list. The material contained in this communication may not necessarily reflect the views of the United Nations or its agencies. UN DHA IRIN Tel: +254 2 622123 Fax: +254 2 622129 e-mail: [email protected] for more information. If you re-print, copy, archive or re-post this item, please retain this credit and disclaimer.]

92 Date: Wed, 04 Jun 1997 16:52:20 +0300 From: UN DHA IRIN - Great Lakes Subject: Rwanda: Amnesty International "Unfair trial" 97.6.2

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+------+

+ Paper reprints authorised. Electronic redistributors +

+ must request permission from Amnesty International. +

+ Contact: [email protected] +

+------+

EXTERNAL AI Index: AFR 47/19/97

2 June 1997

Further information on EXTRA 71/97 (AFR 47/17/97, 19 May 1997) -

Death penalty / unfair trial

RWANDA Leonidas Ndikumwami

Leonidas Ndikumwami's case was heard by the Court of Appeal in

Kigali on 22 May 1997. On 31 May, the Court of Appeal announced that his appeal was admissible on the grounds that his right to legal defence had been violated. The court has ordered further investigations into the charges against him. The time frame for these investigations is not yet known.

93 This is the first appeal which has been judged admissible since the trials of those accused of participation in the genocide began in

Rwanda in December 1996.

FURTHER RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express/ airmail letters in English or

French or in your own language:

- welcoming the Court of Appeal's decision to accept Leonidas

Ndikumwami's appeal on the grounds that he had been denied legal defence;

- expressing your belief that this decision sets an important precedent in establishing the right to a fair trial in Rwanda, in particular the right to legal defence;

- expressing concern, however, that Leonidas Ndikumwami remains under sentence of death and reiterating Amnesty International's unconditional opposition to the use of the death penalty.

94 APPEALS TO:

President:

Son Excellence Pasteur BIZIMUNGU

[Salutation: Monsieur le President / Dear President]

President de la Republique

Presidence de la Republique

BP 15, KIGALI, Rwanda

Fax: +250 84390

Telegrams: President Bizimungu, Kigali, Rwanda

Minister of Justice:

Faustin NTEZIRYAYO

[Salutation: Monsieur le Ministre / Dear Minister]

Ministre de la Justice

Ministere de la Justice

BP 160, KIGALI, Rwanda

Fax: +250 86509

Telegrams: Ministre Justice, Kigali, Rwanda

Procurator General:

95 Monsieur Simeon RWAGASORE

[Salutation: Monsieur le Procureur General / Dear Procurator

General]

Procureur general

Parquet general

BP 2886, KIGALI, Rwanda

Telegrams: Procureur General, Kigali, Rwanda

PLEASE SEND COPIES OF YOUR APPEALS TO: His Excellency Dr Zac

Nsenga, Embassy of Rwanda, Uganda House, 58-59 Trafalgar Square,

London WC2N 5DX. Fax: 0171 839 8925

Please do not include your telephone number when writing to the

Ambassador

AND, IF POSSIBLE, TO THE FOLLOWING:

Vice-President and Minister of Defence:

General-Major Paul KAGAME

Vice-President de la Republique et Ministre de la Defense

Presidence de la Republique

BP 23, KIGALI, Rwanda

96 Fax: +250 72431 / 76969

Prime Minister:

Monsieur Pierre-Celestin RWIGEMA

Premier Ministre

BP 15, KIGALI, Rwanda

Fax: +250 83714

PLEASE SEND APPEALS IMMEDIATELY. Please do not send appeals after

4 July 1997.

+------+

+ If you have any queries about this Urgent Action or about +

+ the UA scheme in general, please contact:+

+ Ray Mitchell / Becky Hess +

+ Amnesty International UK Section +

+ 99 - 119 Rosebery Avenue+

+ London EC1R 4REemail: [email protected] +

+------+

97 Date: Wed, 04 Jun 1997 16:52:52 +0300 From: UN DHA IRIN - Great Lakes Subject: Rwanda: Amnesty International "Death penalty/unfair trial" 97.6.3

Sender: [email protected] To: [email protected] MIME-version: 1.0 Precedence: list X-Authentication-warning: ic.utando.com: uusasa set sender to dha.unon.org!owner-irinwire using -f

+------+

+ Paper reprints authorised. Electronic redistributors +

+ must request permission from Amnesty International. +

+ Contact: [email protected] +

+------+

EXTERNAL AI Index: AFR 47/20/97

3 June 1997

Further information on UA 02/97 (AFR 47/01/97, 3 January 1997) and follow-up (AFR 47/04/97, 13 January 1997 and AFR 47/05/97, 20

January 1997) - Death penalty / unfair trial

RWANDA Deogratias Bizimana

Egide Gatanazi

98 The Court of Appeal in Kigali confirmed the convictions and death sentences of Deogratias Bizimana and Egide Gatanazi in April 1997.

The defendants had appealed on several grounds, including that they had been denied access to legal defence and had had insufficient time to prepare their defence in advance of their trial in Kibungo on 3 January 1997.

The Court of Appeal reportedly did not acknowledge that their trial had been unfair. It denied that the defendants had been refused access to a defence lawyer and claimed that they had had adequate time to prepare their defence. The defendants were not present at the appeal hearing, neither were the lawyers who had acted on their behalf during the appeal procedure. The defendants had reportedly not been given advance notice by the authorities of the date of the appeal hearing.

Deogratias Bizimana and Egide Gatanazi were the first two people to be tried in Rwanda on charges of participation in the genocide in

1994. Theirs were also the first two genocide cases to be heard by a court of appeal.

Under the Organic Law 8/96 of 30 August 1996 - which governs the trials of those accused of genocide and crimes against humanity -

99 the decision of the court of appeal is not subject to appeal or review. A further judicial review may only be possible if the

Prosecutor General of the Supreme Court decides to refer a case to the court of cassation in the interests of the law, within three months. As a last resort, the defendants can appeal to the

President for clemency.

It is not known when executions may take place in Rwanda. However, on 19 May, the government issued a decree outlining some of the modalities for execution, indicating that preparations may be underway for executions to begin in the near future.

Francois Bizumutima, Augustin Ngendahayo, Faustin Niyonzima and

Ignace Nsengiyumva (the other defendants featured in this Urgent

Action) have also filed appeals. To Amnesty International's knowledge, their appeals have not yet been heard.

FURTHER RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express/ airmail letters in English or

French or in your own language:

- expressing grave concern that the Court of Appeal confirmed the death sentences of Deogratias Bizimana and Egide Gatanazi and did

100 not acknowledge that their trial had been unfair;

- restating Amnesty International's concerns about the unfairness of their trial in Kibungo on 3 January 1997, in particular that they had not had access to a defence lawyer and had had insufficient time to prepare their case;

- reiterating Amnesty International's unconditional opposition to the death penalty for all crimes as a state-sanctioned violation of the right to life;

- appealing for Deogratias Bizimana's and Egide Gatanazi's death sentences to be commuted and for them to be given a prison sentence appropriate to the gravity of the crime.

APPEALS TO:

President:

Son Excellence Pasteur BIZIMUNGU

[Salutation: Monsieur le President / Dear President]

President de la Republique

Presidence de la Republique

101 BP 15, KIGALI, Rwanda

Fax: +250 84390

Telegrams: President Bizimungu, Kigali, Rwanda

Minister of Justice:

Faustin NTEZIRYAYO

[Salutation: Monsieur le Ministre / Dear Minister]

Ministre de la Justice

Ministere de la Justice

BP 160, KIGALI, Rwanda

Fax: +250 86509

Telegrams: Ministre Justice, Kigali, Rwanda

Procurator General:

Monsieur Simeon RWAGASORE

[Salutation: Monsieur le Procureur General / Dear Procurator

General]

Procureur general

Parquet general

BP 2886, KIGALI, Rwanda

Telegrams: Procureur General, Kigali, Rwanda

102 PLEASE SEND COPIES OF YOUR APPEALS TO: His Excellency Dr Zac

Nsenga, Embassy of Rwanda, Uganda House, 58-59 Trafalgar Square,

London WC2N 5DX. Fax: 0171 839 8925

Please do not include your telephone number when writing to the

Ambassador

AND, IF POSSIBLE, TO THE FOLLOWING:

Prime Minister:

Monsieur Pierre-Celestin RWIGEMA

Premier Ministre

BP 1334, KIGALI, Rwanda

Fax: +250 83714

PLEASE SEND APPEALS IMMEDIATELY. Please do not send appeals after

15 July 1997.

+------+

+ If you have any queries about this Urgent Action or about +

+ the UA scheme in general, please contact:+

103 + Ray Mitchell / Becky Hess +

+ Amnesty International UK Section +

+ 99 - 119 Rosebery Avenue+

+ London EC1R 4REemail: [email protected] +

+------+

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104 Date: Wed, 18 Jun 1997 14:54:11 -0300 (GMT+3) From: UN DHA IRIN - Great Lakes Subject: Rwanda: Two WFP staff shot dead 18 Jun 1997 97.6.18

Sender: [email protected] To: [email protected] MIME-version: 1.0 Precedence: list

Source: WFP Rome

News Release

18 June 1997

TWO WFP STAFF SHOT DEAD IN RWANDA

The World Food Programme today condemned the brutal killing of a local staff member and his family as well as a separate incident in which another WFP local contract employee was found dead in a forest after being shot in the head.

In the first incident, Mr. Didace Nkezagera, a WFP national field officer in Ruhengeri, was found dead in his home along with the bodies of his wife, a child, and a relative. They had all been shot to death by unidentified assailants.

In a second incident, WFP learned on Tuesday that Mr. Jean de Dieu Murwanashyaka, a contract clerk, was found dead in a forest near the same town. WFP was informed he had died of a single bullet to the head.

The killings come amid a climate of mounting insecurity in certain areas of Rwanda. The World Food Programme is seeking an investigation into the killings.

For further information please contact:

Trevor Rowe/Spokesman WFP/Rome Tel: +39-6-52282602

Christiane Berthiaume/Information Officer WFP/Geneva Tel: +41-22-9799564

105 [Via the UN DHA Integrated Regional Information Network "Wire" mailing list. The material contained in this communication may not necessarily reflect the views of the United Nations or its agencies. UN DHA IRIN Tel: +254 2 622123 Fax: +254 2 622129 e-mail: [email protected] for more information. If you re-print, copy, archive or re-post this item, please retain this credit and disclaimer.]

106 Date: Fri, 01 Aug 1997 10:47:09 +0300 (GMT+0300) From: UN DHA IRIN - Great Lakes Subject: Rwanda: WFP News Release 97.8.1

Sender: [email protected] To: [email protected] MIME-version: 1.0 Precedence: list

News Release August 1 1997

WFP Completes Distribution of Six-month Free Food Rations to Rwandan Returnees.

The United Nations World Food Programme today announced the completion of a major operation in Rwanda which provided six-month food resettlement rations to 1.2 million Rwandan refugees in 153 communes.

Since the end of January 1997, hundreds of thousands of Rwandans have been receiving a monthly WFP food basket comprising 12.5 kilograms of cereals, beans, vegetable oil, salt and corn-soya blend, distributed to them in their home communes. This food has been essential for returning refugees who until now, have been totally reliant on relief food hand-outs.

In November 1996, a population movement of enormous dimensions began when more than one million Rwandan refugees suddenly started returning home from camps in former Zaire and Tanzania. WFP, the Government of Rwanda, and relief agencies quickly intervened to prevent what could have developed into a major emergency by ensuring that food was available in the refugees' home areas within maximum of one month.

In collaboration with the Government of Rwanda, WFP's food assistance programme was part of an overall package provided by UN agencies and NGOs to help reintegrate refugees.

"One of the ultimate aims of the programme was to help refugees quickly return to their home villages, thus avoiding the creation of camps," said Gerard van Dijk, WFP's Country Director for Rwanda.

Intense efforts were made to help refugees rebuild their homes and rehabilitate their farms in order for them to start producing their own food.

Refugees who are still trickling across the borders into Rwanda will receive WFP food assistance upon arrival.

"Although the initial six-month food ration distribution is over, we will continue to carefully monitor the situation to help people as needs arise," said van Dijk.

107 WFP is concerned that the outcome of the July harvest -- Rwanda's main cropping season --- has been less favorable than hoped. According to recent WFP/Food and Agriculture Organization Crop and Food Supply estimates, total crop production in the country will increase only marginally, while due to the influx of returning refugees, Rwanda will have to feed 1.6 million more people than last year in the second part of 1997.

The late settlement of returning refugees for the country's second planting season, land disputes and a lack of agricultural inputs has limited the expansion of land preparation. Late and irregular rains were also experienced in most of the country. While total crop production should increase by six per cent over the same season last year, the output of pulses for this season -- the main source of protein for most Rwandans -- is expected to fall by 25 per cent.

In addition to the WFP/FAO mission, WFP has been conducting several in-depth studies over the last three months to look into food security in Rwanda for the remainder of the year. These were undertaken in partnership with Save the Children Fund (UK), USAID, the European Union and the Ministry of Agriculture.

The Save the Children Fund (UK) household food economy survey in Butare and Gikongoro prefectures estimated that refugees who were able to return to Rwanda prior to March 1997 will only be able to meet 60 to 70 per cent of their income needs. Many of the households where income deficits were most alarming were those with only one able-bodied adult, many times widowed women. However in some prefectures such as Kibungo, where 500,000 people returned in December 1996, most households were reportedly becoming self-sufficient, indicating a return to normalcy for some of the repatriated refugee population.

In areas like Butare and Gikongoro where extra food assistance may be needed, WFP will maintain a safety net of food-for-work projects and possible free food assistance for those people who need to supplement their daily food requirements.

Due to the overall need for continued assistance through food aid for both returning refugees and vulnerable Rwandans, WFP plans to focus its operations in Rwanda for the remainder of 1997 on the rehabilitation of the agricultural production systems and destroyed infrastructure. Areas that are highly susceptible to drought and crop failure will continue to receive a large share of food assistance.

In 1997 alone, WFP food aid will contribute to the construction of 22,000 houses for repatriated refugees, and to the rehabilitation of thousands of hectares of swamp land. Some 450,000 other people each month will continue to be assisted through WFP food-for-work projects, and nutritional support programmes for vulnerable groups such as orphans, malnourished children and the elderly.

For more information contact: Brenda Barton Paul Simkin Regional Information OfficerReports Officer World Food Programme, Kenya World Food Programme, Rwanda

108 Tel: 254-2-622594 Tel: 250-87623 or 87611

[Via the UN DHA Integrated Regional Information Network "Wire" mailing list. The material contained in this communication may not necessarily reflect the views of the United Nations or its agencies. UN DHA IRIN Tel: +254 2 622123 Fax: +254 2 622129 e-mail: [email protected] for more information. If you re-print, copy, archive or re-post this item, please retain this credit and disclaimer.]

109 Date: Fri, 08 Aug 1997 11:18:07 +0300 (GMT+0300) From: UN DHA IRIN - Great Lakes Subject: Rwanda: Amnesty International - Massacres of unarmed civilians escalate 97.8.7

Sender: [email protected] To: [email protected] MIME-version: 1.0 Precedence: list

AI INDEX: AFR 47/29/97 7 AUGUST 1997

Rwanda: massacres of unarmed civilians escalate

Thousands of unarmed civilians are being deliberately and arbitrarily killed in Rwanda and massacres have intensified since May 1997, while the international community looks the other way, Amnesty International said today.

During May, June and July, more than 2,300 unarmed civilians are estimated to have been killed. "These are just the specific cases which have been reported to us -- the real number is probably much higher," the human rights organization said.

Among the victims of these killings are many returnees who had been living in the former Zaire (now the Democratic Republic of Congo) until the refugee camps there came under attack by the Alliance des forces de[/]mocratiques pour la libe[/]ration du Congo-Zaire (AFDL), Alliance of Democratic Forces for the Liberation of Congo-Zaire.

"Given the persistent and grave human rights violations taking place in Rwanda, it cannot be considered safe for refugees to return," Amnesty International said.

The organization is receiving daily reports of killings of men, women and young children by soldiers of the Rwandese Patriotic Army (RPA), especially in the northwestern regions of Ruhengeri and Gisenyi which have become virtual no-go areas. Armed opposition groups believed to be composed of soldiers of the former Rwandese army and militia responsible for the genocide of 1994 are also carrying out attacks on civilians as well as on RPA personnel.

"Caught between the threat of arbitrary violence on both sides, the population of the western regions is living in terror," Amnesty International said. Local sources say that many families have left their homes and some villages are virtually empty.

110 Testimonies from these regions consistently affirm that most of the victims of the violence in recent months have died at the hands of the RPA, especially during military "cordon and search" operations intended to hunt down armed opponents. These operations usually take place following attacks by armed opposition groups.

"Counter-insurgency operations can never be a justification for the army to extrajudicially execute unarmed civilians," Amnesty International stated. "Contrary to what the government sometimes claims, these victims are not killed accidentally in cross-fire. Whole families -- including many children -- have been hunted down in their homes."

The organization again urges the Rwandese authorities to take immediate measures to prevent further loss of civilian life by prohibiting unlawful killings by its armed forces. Serious attempts must be made to investigate reports of massacres with a view to bringing those responsible to justice. Although the government has announced on several occasions that it was investigating these killings, it has so far failed to publish the findings of these investigations.

Some of the examples of recent massacres include:

- During June and July, hundreds of people were reportedly killed in many different locations in the sous-pre[/]fecture of Ngororero, Gisenyi pre[/]fecture. Initial reports indicate that as many as 955 people may have been killed during this period. These include 349 reportedly killed in Musagara secteur, Satinsyi commune, on 6 July and 212 reportedly killed near Ruhunga forest on 29 June. All these killings have been attributed by local sources to RPA soldiers.

- On 5 July, 16 people were killed in Nyakabanda commune, Gitarama prefecture. The victims included the coordinator of a local non-governmental organization, his wife and five of their children, all killed in their home. The authorities have blamed the killings on interahamwe militia; however, local residents believe RPA soldiers were responsible for the killings.

- On 24 June, at least 68 people were reportedly killed by RPA soldiers in Rukoko secteur, Kivumu commune, Kibuye pre[/]fecture. The victims included members of four families who were reportedly killed in their homes. These killings occurred after an ambush carried out by unidentified armed assailants in which one Chinese national and three Rwandese were killed.

- On 8 June, at least 120 people were reportedly killed by RPA soldiers inside a Protestant church in Nanga secteur, Karago commune, Gisenyi pre[/]fecture. The soldiers then went on to attack nearby houses and reportedly killed a further 38 people in their homes, including an 85 year-old man and a 90 year-old woman.

- Between 9 and 11 May, more than 520 civilians, including many women and elderly

111 people, were reportedly killed by RPA soldiers in seven different secteurs in Nkuli commune, Ruhengeri pre[/]fecture. These killings followed several days of fighting between the RPA and armed opposition groups around military camps nearby.

- Between 3 and 17 May, at least 82 people were reportedly killed by RPA soldiers in several locations in Karago commune, Gisenyi pre[/]fecture.

- On 27 April 1997, a group of armed men reportedly attacked several educational institutions and houses in Muramba, Satinsyi commune, Gisenyi pre[/]fecture. A total of 22 people - most of them women - were killed, including 16 female students shot dead in a school dormitory; a 14 year-old girl killed in a convent; and a 62 year-old Belgian nun and school director killed in a primary school. The assailants, believed to be members of an armed opposition group, also attacked an RPA military post nearby.

"These cases represent just a fraction of those reported to us," Amnesty International said.

ENDS.../

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112 Date: Wed, 27 Aug 1997 12:40:21 +0300 (GMT+0300) From: UN DHA IRIN - Great Lakes Subject: Rwanda: HRW condemns refugee massacre in Gisenyi 26 August 1997 97.8.26

Sender: [email protected] To: [email protected] MIME-version: 1.0 Precedence: list

Insurgents in Rwanda

(August 26, 1997) Human Rights Watch and the International Federation of Human Rights Leagues (FIDH) condemn the massacre of more than 130 refugees by armed insurgents at Mudende camp, Gisenyi prefecture, just before dawn on August 22. The refugees, mostly Tutsi who had fled from the Congo during the preceding year, were sheltered in a camp not far from the Congo border. The insurgents, many of them soldiers of the former Rwandan government army (FAR) or members of militia that had participated in the 1994 genocide of Tutsi in Rwanda, reportedly attacked across the border from Congo, where some of them have retained a base after their camps were dispersed some months ago by soldiers of the ADFL forces.

Authorities of the Rwandan Patriotic Army (RPA) have charged that local residents also participated in the killings at Mudende and have reportedly attacked or permitted Tutsi civilians to injure or kill these residents and to burn their homes.

The insurgents' predawn massacre of the refugees constitutes an inexcusable human rights abuse. The RPA attacks or permitting civilian attacks on local people in reprisal for the massacre violates international humanitarian law.

The number and scale of attacks that cost civilian lives in Rwanda have multiplied in the last several months. An August 7 report by the United Nations Human Rights Field Operation detailed the slaughter of more than 2,000 persons, most of them unarmed civilians killed by the RPA. August 8-11, RPA soldiers reportedly killed several hundred unarmed civilians, some by mortars fired into the market at Mahoko, others executed at jails in the communes of Rubavu and Kanama, all in Gisenyi prefecture. Armed insurgents also killed unarmed civilians during these incidents August 8-10 and attacked a school at Gisa on August 10.

Most attacks against civilians have taken place in the northwestern part of the country, but the international human rights organizations have just received reports of some thirty-nine persons killed at Muhazi in the eastern part of Rwanda. Human Rights Watch and FIDH deplore the continued delivery of arms to the region, including the recent resumption of arms

113 sales to the Rwandan government by South Africa exacerbating the situation and facilitating the use of deadly force against unarmed civilians.

General Paul Kagame, Vice-President of Rwanda and Minister of Defense, went to investigate the August 8-10 incidents in Gisenyi. The Rwandan government has arrested a number of its soldiers, reportedly either thirteen or fifteen of them, including a lieutenant-colonel, in connection with these incidents.

RECOMMENDATIONS To the insurgents: -Order your troops to stop killing unarmed civilians immediately.

-Investigate the violation of international humanitarian law by members of your forces who commit such killings and hold them accountable in procedures that meet the minimum standards of due process established in international humanitarian law.

To the government of Rwanda:

-Order RPA troops to stop killings and other reprisals against the civilian population. Order them to prevent any such attacks by Tutsi civilians.

-Carry out a prompt, thorough and impartial investigation of any killings of civilians and make public the findings. Continue to arrest and bring to trial as soon as possible all those apparently implicated in the incidents.

-Guarantee full access to U.N. and nongovernmental human rights monitors, to organizations providing humanitarian aid, and to United Nations High Commissioner for Refugees protection officers.

-Ensure that RPA soldiers and police provide protection to refugees and displaced persons.

To the international community: -Bring all possible pressure to bear on the insurgents and on the Rwandan government to halt the slaughter of unarmed civilians and to observe international humanitarian law. Condition financial and other assistance on a halt to these killings.

To the United Nations: -Revive the International Commission of Inquiry (Rwanda) on arms trade to forces of the former Rwandan government and implement the important recommendations it made in 1996. Provide this Commission with a new mandate to investigate arms trafficking in the Great Lakes region (including Rwanda, Burundi and Congo) and propose to the Security Council specific and concrete measures aimed at curbing the proliferation of small arms and light weapons in the area.

-The Human Rights Field Operation should publish immediately and fully all available information related to deliberate killings of civilians.

114 Human Rights Watch/Africa Human Rights Watch is a nongovernmental organization established in 1978 to monitor and promote the observance of internationally recognized human rights in Africa, the Americas, Asia, the Middle East and among the signatories of the Helsinki accords. It is supported by contributions from private individuals and foundations worldwide. It accepts no government funds, directly or indirectly. Kenneth Roth, executive director and Robert L. Bernstein is the chair of the board. Its Africa division was established in 1988 to monitor and promote the observance of internationally recognized human rights in sub-Saharan Africa. Peter Takirambudde is the executive director and William Carmichael is the chair of the advisory committee.

Fedration Internationale des Ligues des Droits de l'Homme (FIDH) The International Federation of Human Rights is an international nongovernmental organization for the defense of the human rights enshrined in the Universal Declaration of Human Rights of 1948. Created in 1922, it includes 89 national affiliates throughout the world. To date, FIDH has undertaken more than a thousand missions for investigation, observation of trials, mediation or training in some one hundred countries. FIDH enjoys consultative status with the United Nations, UNESCO, the European Council and observer status with the African Commission of Human and Peoples' Rights. Antoine Bernard is the executive director. Patrick Baudouin is president; Pascuale Bandiera, Hl ne Cidade-Moura, Ren Degni-Segui, Enoch Djondang, Michael Ellman, Oswaldo Enriquez, Carmen Ferrer Pena, Cecilia Jimenez, Haytham Manna, Gerald McKenzie, Sabine Missistrano, Francisco Soberon, Robert Verdier, Vo Van Ai and Saadeddine Zmerli are vice-presidents; Odile Sidem Poulain, Claude Katz and William Bourdon are secretary generals; and Philippe Vallet is treasurer of the international board. Catherine Choquet is deputy secretary general and Eric Gillet is coordinator for Burundi and Rwanda.

Website Address: http://www.hrw.org Gopher Address: gopher://gopher.humanrights.org:5000/11/int/hrw Listserv instructions: To subscribe to the general HRW e-mail list (to receive press releases and public letters concerning all regions of the world), send an e-mail message to [email protected] with "subscribe hrw-news" in the body of the message (leave the subject line blank). To subscribe to the sub-Saharan Africa-specific list (to receive press releases and public letters only on sub- Saharan Africa), send a message to [email protected] with "subscribe hrw-news-africa" in the body of the message (leave the subject line blank).

Human Rights Watch 485 Fifth Avenue New York, NY 10017-6104 TEL: 212/972-8400 FAX: 212/972-0905 E-mail: [email protected]

1522 K Street, N.W. Washington D.C. 20005 TEL: 202/371-6592

115 FAX: 202/371-0124 E-mail: [email protected]

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116 Date: Thu, 25 Sep 1997 09:38:12 -0300 (GMT+3) From: UN DHA IRIN - Great Lakes Subject: Rwanda: Amnesty International report (summary) 25 Sep 97 97.9.25

Sender: [email protected] To: [email protected] MIME-version: 1.0 Precedence: bulk

Source: Amnesty International

At least 6,000 people - the majority unarmed civilians - are reported to have been killed in Rwanda between January and August 1997. The real figure is probably considerably higher.

By August 1997, killings were continuing on a virtually daily basis. The victims include many returnees who were among the hundreds of thousands of Rwandese refugees forcibly returned from the Democratic Republic of Congo and Tanzania in November and December 1996. Soldiers of the Rwandese Patriotic Army (RPA) and armed groups believed to be composed of or allied to members of the former Forces armees rwandaises (FAR) - the former Rwandese armed forces - are deliberately targeting unarmed men, women and young children, hunting them down in their homes. Many people have "disappeared" and their families do not know whether they are alive or dead.

During 1997, both the RPA and armed opposition groups have been responsible for widespread killings of unarmed civilians. However, testimonies received from the northwestern prefectures of Rwanda - where most of the violence is concentrated - consistently affirm that the majority of the killings of unarmed civilians in recent months have been carried out by the RPA.

In some cases, it is difficult to identify the perpetrators of killings. Eye-witnesses usually refer to "armed men in military uniform" but there are sometimes conflicting reports as to whether these were members of the RPA or ex-FAR. There is reason to believe that both sides are adopting a deliberate strategy of confusion so as to be able to blame attacks on each other, with little possibility of independent verification.

Fighting between the RPA and armed opposition groups is reported to have intensified. Whole regions in the northwest of the country have become virtually inaccessible. Few independent human rights observers are able to go there; as a result, the perpetrators of human rights abuses are able to carry on killing without independent witnesses.

Once again, death has become almost a banality in the lives of ordinary Rwandese. The population of Rwanda is living in a state of fear, knowing that whatever their ethnic origin or their perceived affiliation, they may become targets of arbitrary violence by one side or the other.Most are too afraid to speak about the situation for fear of being killed. Those who are

117 lucky enough to escape with their lives may face the prospect of arbitrary arrest, ill-treatment and prolonged detention in life-threatening conditions. Staff working for international organizations have not been spared; several assassinations of foreign nationals as well as Rwandese employees of international organizations have meant that the essential work of humanitarian and human rights organizations has been severely disrupted and the populations most in need are not receiving adequate assistance.

The real level of human rights abuses continues to be played down both by the Rwandese authorities, who claim to have control over the situation, and, seemingly, by the international community. International media reports on the current human rights situation in Rwanda remain rare and most foreign governments appear to be turning a blind eye to the worsening human rights situation and continue advocating the repatriation of Rwandese refugees from neighbouring countries.

Amnesty International is publishing this report now to highlight the scale and gravity of the human rights abuses taking place in Rwanda and to bring this information to the attention of those who could bring about positive changes. The report includes a set of recommendations to the Rwandese Government, to armed opposition groups and to foreign governments and intergovernmental organizations.

Amnesty International believes that concerted action by the Rwandese authorities, with the encouragement and support of foreign governments, is essential to prevent a further slide into lawlessness and to save the lives of thousands of Rwandese civilians. Basic respect for human rights must be restored in all parts of Rwanda to enable both returning refugees and Rwandese who did not leave their country to live in safety and free of fear.

[ENDS]

[The material contained in this communication comes to you via IRIN, a UN humanitarian information unit, but may not necessarily reflect the views of the United Nations or its agencies. UN IRIN Tel: +254 2 622123 Fax: +254 2 622129 e-mail: [email protected] for more information. If you re-print, copy, archive or re-post this item, please retain this credit and disclaimer. Quotations or extracts should include attribution to the original sources. IRIN reports are archived on the WWW at: http://www.reliefweb.int or can be retrieved automatically by sending e-mail to [email protected].]

118 Date: Fri, 03 Oct 1997 09:02:43 -0300 (GMT+3) From: UN DHA IRIN - Great Lakes Subject: Rwanda: UNHRFOR report July-August 1997 2 Oct 97 97.10.2

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Supplied by: UN HCHR Geneva

HRFOR REPORT ON THE HUMAN RIGHTS SITUATION AND THE ACTIVITIES OF HRFOR July-August 1997

SUMMARY

Human Rights and Security Situation The following information on the human rights and security situation during July and August was gathered through HRFOR on-site monitoring activities or, where prevailing security constraints precluded HRFOR field visits, by interviewing eye-witnesses and other knowledgeable sources about violent incidents and possible human rights violations.

Human rights field officers conducted regular field visits to all prefectural capitals with the exception of Ruhengeri and Kibuye, both of which were designated as UN security phase IV. Monitoring activities at the commune level were carried out in most of the regions under UN security phase II. The months of July and August saw an improvement in the security and human rights situation in Ruhengeri Prefecture compared to preceding months. During the month of August, however, HRFOR noted a severe deterioration in the security and human rights situation in Gisenyi Prefecture. HRFOR has received credible reports of increased activities in the prefecture by members of the former Rwandese Armed Forces (ex-FAR), Interahamwe militia and others carrying out violent attacks against unarmed civilians, and of counter-insurgency activities by the Rwandese Patriotic Army (RPA), sometimes resulting in the killing of civilians. In Kanama Sector, Kanama Commune, Gisenyi Prefecture, an unspecified number of people were reportedly killed on 8 August during a confrontation between armed groups and the RPA at Mahoko Market, located near the communal offices and detention centre. Victims included 26 detainees, reportedly killed by the armed groups during an attack on the communal detention centre. Official sources indicated that at least 40 additional people were killed in the course of the attack and during subsequent RPA military operations. In Rubavu Commune, Gisenyi Prefecture, HRFOR received reliable information indicating that 95 detainees were killed by armed groups during an attack on the communal detention centre, also on 8 August.

119 In mid-August the Military Prosecutor-General deployed a team of Officiers de Police Judiciaire (OPJs) to Gisenyi Prefecture to investigate the incidents. According to information available as of 12 September, a total of 29 RPA soldiers, including officers, were arrested for various crimes allegedly committed during these incidents, including failure to prevent the loss of life, excessive use of force and looting.

In Kanzenze and Nyaruteme Sectors, Mutura Commune, Gisenyi Prefecture, four households of genocide survivors and their neighbours were attacked by armed groups, resulting in the deaths of at least 17 victims and the wounding of at least three others. In Mudende Sector, Mutura Commune, an armed group of 500-600 people attacked a refugee camp during the night of 21-22 August, killing 131 Congolese refugees and wounding a further 99.

In July, and August, HRFOR collected reports of the killings of at least 918 persons in 95 separate incidents, including those mentioned above. These figures represent a significant decrease compared to the May-June period, which saw a total of 2,873 reported killings. During the month of July, as in previous months, the highest number of killings was reported in Ruhengeri Prefecture, whereas in August the highest number of killings was reported in Gisenyi Prefecture. According to information gathered and analysed by HRFOR, ten local civilian authorities were killed during the reporting period, and another official was injured during an attack. In the majority of cases, HRFOR's information indicates that these attacks were perpetrated by members of armed groups or by unidentified armed individuals.

Justice, Legal Reform And Institution Building Court proceedings against persons accused of genocide and crimes against humanity pursuant to the Genocide Law continued during July and August.. In July and August, the Specialised Chambers of the Courts of First Instance handed down judgements in respect of 37 defendants, bringing to 195 the total number of trials conducted since 3 January 1997. Many courts went into summer recess in July, which reduced the number of cases heard during that month. In addition, certain provisions in a new law establishing a Rwandan Bar curtailed lawyers' ability to plead before Rwandan courts during the month of August. The law required national lawyers to be sworn in as members of the Bar before they could plead. With regard to foreign lawyers, such as those provided by the non-governmental organisation Avocats sans Frontieres, the law required that reciprocity between Rwanda and another state's bar be established "in its national legislation" before that state's nationals were permitted to plead before Rwandan courts. Certain improvements were observed over the reporting period. The number of defence witnesses appearing in court to give evidence increased, the representation of both civil claimants and the accused increased, and virtually all defendants said that they had had enough time to prepare for their cases. However, problems were noted with regard to the appeal procedure and the non-application of article 6(5) of the genocide law. Judges and prosecution officials in court continued the practice of admitting confessions withdrawn by the defendant prior to the trial. No progress was observed with regard to the prosecution of sexual crimes. Groupes mobiles comprising IPJs continued their work in compiling case files for detainees in a number of prefectures. The groupes mobiles were deployed by the Ministry of Justice in May 1997 after a short training period of two weeks. Their task is to carry out preliminary investigations in genocide cases,

120 primarily by interviewing those in pre-trial detention, with a view to opening a case file for those detainees who do not have one. HRFOR received reports that some members of the groupes mobiles were using force against detainees, at times to gain confessions, in detention centres in Mugesera and Rukira Communes, Kibungo Prefecture, Murambi Commune, Umutara Prefecture, and in the ONATRACOM central prison in Kigali Ville. HRFOR also learned that in Rutongo Commune, Kigali Rural Prefecture, members of the groupes mobiles carried out over 300 arrests, while their mandate was to expedite investigations of those already in detention. The Conseil de Guerre, the first-instance court in the military justice system, resumed operation and heard five cases involving common-law crimes during the reporting period, all of them allegedly committed after the 1994 genocide. One judgement has been rendered; the accused soldier was convicted of homicide and sentenced to life imprisonment.

Detention According to official figures, as of August 1997 the population in the 19 central prisons totalled around 72,000, compared to 68,000 in May. This marked an increase of 10,000 detainees since January 1997. Official sources estimated a combined population of approximately 120,000 detainees in central prisons, communal detention centres and gendarmerie brigades. According to the Ministry of Justice, 60 percent of detainees in central prisons were detained with warrants of arrest, compared to around 50 percent in June 1997. HRFOR carried out field visits to central prisons and to a limited number of local detention centres in Butare, Byumba, Cyangugu, Gikongoro, Gitarama, Gisenyi, Kibungo, Kigali Ville, Kigali Rural and Umutara Prefectures. Mulindi Military Prison, located in Kanombe Commune, Kigali Rural Prefecture, was also visited by HRFOR during August. HRFOR continued to note serious overcrowding in many communal detention centres and in some gendarmerie brigades. Extreme cases of overcrowding were noted in two communal detention centres, where cells were accommodating five detainees per square metre (in Rutongo Commune, Kigali Rural Prefecture and Rusumo Commune, Kibungo Prefecture).

Human Rights Education And Promotion On 30 and 31 July, HRFOR held a training workshop on investigation techniques for members of local human rights non-governmental organisations. Topics included the legal framework for human rights work, investigation procedures and the collection and analysis of information. The workshop was attended by nine permanent members of six associations, who were charged with transmitting the information to other members of their groups. From 6 to 7 August, HRFOR organised a training session on computer skills for members of the same human rights associations. From 14 to 17 August, HRFOR participated in the Festival de la paix, organised by Rwandan artists in collaboration with the Rwanda Ministry of Youth, Culture, Sport and Vocational Training and held at the Nyamirambo Stadium in Kigali Ville Prefecture. The theme of the festival was "Peace and Reconciliation." An estimated total of 10,000 artists, community members and local authorities attended. HRFOR distributed human rights promotion videos and t-shirts and organised human rights mobile troupe performances at the festival. HRFOR human rights promotion assistants also staffed a kiosk to discuss human rights issues with, and explain the HRFOR mandate to, festival participants.

121 In July, HRFOR organised a micro-project with local judicial officials and genocide survivor groups to increase the participation of civil claimants in genocide trials held in Murambi Commune, Umutara Prefecture. A public information session held on this occasion was attended by approximately 50 people. The session incorporated an announcement of upcoming trials and an explanation of legal procedures, including ways to link civil claimants with lawyers and other advocates willing to provide advice free of charge..

Returnees According to the United Nations High Commissioner for Refugees (UNHCR), during the months of July and August, an estimated 17,014 Rwandan returnees arrived in Rwanda;13,475 of them arrived from the Democratic Republic of Congo (DRC).

Conclusions and Recommendations HRFOR is seriously concerned about the security and human rights situation in Gisenyi Prefecture related to escalating attacks by armed groups operating there. HRFOR also remains concerned at the apparent access armed groups have to weapons despite a UN Security Council-imposed embargo on arms trafficking in the region. Those responsible for these attacks and their arms suppliers must be brought to justice. HRFOR acknowledges the right of the Government of Rwanda to protect its citizens from attacks by armed groups. HRFOR fully understands that the security threat posed by these armed groups is serious. However, international human rights and humanitarian law imposes limitations on the use of force in such circumstances. All those who take no active part in the hostilities must be treated humanely at all times and in all circumstances. With respect to these persons, any acts of violence to life and person are prohibited. The Government should take steps to prevent the excessive use of force by the security forces, including the RPA, gendarmerie, and communal police, particularly to ensure that there is full respect for the fundamental rights to life, security, and personal integrity. HRFOR welcomes the response of the Government of Rwanda in rapidly commencing an investigation into the allegations of killings which may have amounted to violations of the right to life by agents of the state following the attacks by armed groups in Kanama, Rwerere and Rubavu Communes, from 8 to 10 August, 1997. The Government of Rwanda should investigate and take appropriate disciplinary and legal action concerning all credible allegations that members of the security forces and other state agents have violated domestic law and international human rights or humanitarian standards, particularly concerning the right to life. The Government should take steps to ensure full respect of fair trial guarantees as required by Rwandan law and Article 14 of the ICCPR. HRFOR remains concerned about the high number of persons who remain in detention and about the conditions in which they are detained. HRFOR welcomes Government initiatives to alleviate the extreme overcrowding noted in places of detention, such as the deployment of the equipes mobiles of IPJs. However, HRFOR is concerned by reports that some of the IPJs in question have used force in order to obtain confessions, and that others have been carrying out numerous arrests, while their mandate was to expedite investigations of those already in detention. HRFOR recommends that the Government, with the assistance of the international community, consider complementary ways to alleviate the severe conditions of overcrowding in places of detention, such as the construction of new detention centres and/or the expansion of existing ones. HRFOR also continues to recommend a wider use of the Confession and Guilty Plea

122 Procedure provided for in the Genocide Law. HRFOR also wishes to continue to note a number of other areas in which the Government of Rwanda should devote high level attention and take appropriate remedial action as promptly as possible to ensure the full respect of human rights in the country, namely, to strengthen the capacity of the judicial system, including the military prosecutor's office and the military courts; to provide HRFOR with full and confidential access to all persons detained in military detention centres; and to promote human rights.

[ENDS]

123 Date: Thu, 23 Oct 1997 13:13:37 -0300 (GMT+3) From: UN DHA IRIN - Great Lakes Subject: Rwanda: WFP News Release 22 Oct 97 97.10.22

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Source: WORLD FOOD PROGRAMME

News Release

DRIVER IS KILLED WHEN WFP TRUCK CARRYING RELIEF FOOD IN WESTERN RWANDA IS CAUGHT IN BRUTAL ATTACK

Nairobi, 22 October 1997 -- A driver transporting emergency relief food for The United Nations World Food Programme in Rwanda was killed during an attack at a military checkpoint in the early hours of Tuesday morning.

The WFP truck was part of a military-escorted relief food convoy which was transporting WFP food rations from Kigali to Kibuye on Monday. The truck experienced mechanical problems while en route to Kibuye, forcing the driver to drop-out of the convoy and make repairs.

After the repairs were completed a few hours later, the truck proceeded on to Kibuye, but upon reaching a military checkpoint some 60 kilometres outside of the town, the driver was told it was too late to continue traveling on the road. The driver remained at the checkpoint for the night and planned to depart for Kibuye the following morning.

At approximately 1:00 am. on Tuesday, the checkpoint was attacked by unknown assailants and the driver, who was sleeping in the cabin of the WFP truck, was killed. The truck was then set on fire, resulting in the loss of 15 tons of humanitarian relief food which would have fed some 1,700 people for the next one month.

This is the second time in the past two months that vehicles transporting humanitarian aid have been attacked while traveling along the Kibuye road. Last month, a truck belonging to the United Nations High Commissioner for Refugees (UNHCR) was fired upon in the same area, resulting in an accident in which the driver was killed and two other people injured.

124 WFP has been increasing its assistance to food-deficit areas like Kibuye over the past several weeks. Part of this assistance is being given to 70,000 people in Kibuye to assist families who are currently cultivating their fields for the upcoming harvest in January. WFP is also providing food in Kibuye to 13,640 refugees from the Democratic Republic of Congo.

For more information, contact:

Paul Simkin Reports Officer WFP Rwanda Tel. (250) 87623

Michele Quintaglie Information Officer WFP Nairobi Tel. (254-2) 622336

125 X-URL: http://www.reliefweb.int/emergenc Date: Mon, 08 Dec 1997 16:28:00 +0300 (GMT+0300) From: UN IRIN - Central and Eastern Africa Subject: Rwanda: Statement by the High Commissioner for Human Rights 97.12.8

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The following statement by Mary Robinson, United Nations High Commissioner for Human Rights was issued on Sunday 7 December, Kigali, Rwanda :

I came to Rwanda as a friend of the country, having visited three times since the genocide of 1994. As a friend, I have spoken honestly in my meetings with the President, Vice President and Ministers and they have been prepared to listen and to respond honestly. I have appreciated their candour and their preparedness to continue working with my Office.

It is evident that the present human rights situation is bleak and that the methods employed by the international community as a whole and by HRFOR have been wholly insufficient to facilitate improvement. This is not in any way the fault of the staff of HRFOR who face a difficult task in almost impossible circumstances and with an inadequate staffing structure.

The past has not been dealt with by the Rwandan Government in a sustainable fashion. Understandably, it has been overwhelmed by the scale of problems following the genocide of 1994 and the return of refugees over the past 13 months. There appears to be an absence of a committed policy of reconciliation and there are a number of very serious human rights violations such as arbitary arrests, prolonged arbitary detentions and serious overcrowding resulting in inhumane conditions of detention.

The scale of violence by Hutu extremists resulting in large numbers of killings in certain prefectures is increasing dramatically. Further arbitrary killings linked to the RPA have risen substantially in recent months. Participation, political power and decision making have become more and more concentrated.

My visit was necessary following the assessment of the human rights field mission in October and my contacts with other UN agencies.

I was aware of the vulnerability of the continued existence of HRFOR and spent two lengthy meetings persuading the Government that it is more necessary than ever that HRFOR remains for a period during which it should be radically restructured. The government welcomes the role HRFOR has in capacity building and accepts its monitoring and reporting role for a further, transitional period.

126 I will undertake in whatever way possible and using whatever resources available the necessary restructuring of the field mission. My priorities will be the appointment of a chief of the mission and specialist staff to develop local capacity building in the promotion and protection of human rights. I will draw on expertise in the international NGO and academic communities as well as from within the UN itself.

I will be reporting back to the Executive Committee on Humanitarian Affairs (ECHA) on the gravity of the situation, on the extent of coordination among UN agencies at the local level through the establishment of thematic groups, such as the group on Justice and Security, and on the need for a more concentrated strategy of prevention of conflict through integrating a human rights approach to issues of development, tackling poverty, education and gender issues which are so important in a society recovering from genocide.

[The material contained in this communication comes to you via IRIN, a UN humanitarian information unit, but may not necessarily reflect the views of the United Nations or its agencies. UN IRIN Tel: +254 2 622123 Fax: +254 2 622129 e-mail: [email protected] for more information or subscriptions. If you re-print, copy, archive or re-post this item, please retain this credit and disclaimer. Quotations or extracts should include attribution to the original sources. IRIN reports are archived on the WWW at: http://www.reliefweb.int/emergenc or can be retrieved automatically by sending e-mail to [email protected]. Mailing list: irin-cea-extra]

127 X-URL: http://www.reliefweb.int/emergenc Date: Mon, 15 Dec 1997 15:14:53 -0300 (GMT+3) From: UN IRIN - Central and Eastern Africa Subject: Rwanda: UNHCR condemns "barbaric" attack at Mudende 97.12.12

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Source: UNHCR Geneva

Briefing Notes

12 December 1997

This is a summary of what was said by the UNHCR spokesperson at today's press briefing at the Palais des Nations.

1. GREAT LAKES

The High Commissioner strongly condemns yesterdays barbaric attack on the Mudende refugee camp in Rwanda, the second within four months, which left 231 people dead and 207 wounded.

Many of those killed were women and children who had fled from the Democratic Republic of Congo in recent years to escape ethnic conflict in their home area of Masisi. Most of them were hacked to death as they slept.

This was the worst attack to date on a refugee camp in Rwanda and comes amid escalating general violence in that country. The High Commissioner believes it highlights the need to take urgent steps to find a comprehensive solution to the crisis in the region.

The attack follows a spiralling cycle of violence in the Great Lakes, which has not spared refugee populations. Refugees and returnees have been attacked and killed, asylum seekers are increasingly being turned away and returned to areas of conflict. As the tragic events in Mudende show, even those who find refuge are far from safe.

The High Commissioner believes that the latest atrocity serves to underline the need for all parties in the region to respect the security of vulnerable refugees. It also again demonstrates the need for refugee camps to be moved away from volatile areas close to international borders.

After the last attack on Mudende in August, UNHCR had repeatedly called for the camp to be moved to a safer area. Only recently, the Rwandan authorities had agreed to do so.

128 We are sending further teams to Gisenyi today in the aftermath of yesterday's massacre. UNHCR officials will be travelling to the Nkamira transit centre which now houses the majority of the survivors to see what humanitarian assistance is needed and to gather further details of the attack. The existing 15 day food ration in the camp is intact and will be shipped to Nkamira for distribution. We will also be bringing in blankets. A list of medical supplies including blood has been drawn up for those still in the hospital. These supplies will be flown in as quickly as possible. Searches are continuing for refugees who are reported to have fled the camp, but most of the population is at Nkamira, with a few hundred in Gisenyi town. We have six international staff working with the survivors in Gisenyi, including a medical coordinator in Gisenyi hospital and teams clearing up in Mudende and searching the area for any further survivors. Our staff who visited Mudende yesterday described the attack as particularly brutal. They said most of the dead and wounded were mutilated by machetes. The attackers were merciless, killing even babies. Roadblocks had been put up on the road leading up to the camp, presumably to stop any assistance reaching them.

The delegation will be travelling along with the Rwandan minister dealing with refugee affairs. We will be raising both with the Minister and with local authorities the pressing need to move this camp away from the border as soon as possible.

In response to questions on camp security, we explained that , as in all asylum countries, the security of refugee camps in Rwanda is the responsibility of the national military. In the previous attack on Mudende in August, there was a clash between the attackers and the Rwandese military guards in which a number of assailants and military were killed. Preliminary reports suggest that no Rwandese military guards nor any assailants were killed in the latest assault on the camp. Representatives from UNHCR and other UN agencies are holding talks with the local military authorities in Gisenyi today to try to establish how yesterdays attack occurred and what kind of security existed around the camp at that time. The population of the camp were Tutsis, most of whom arrived in Rwanda at the end of 1995 from the Democratic Republic of Congo, fleeing ethnic clashes in the Masisi area, north of Goma.

(Not an official document.)

[ENDS]

[The material contained in this communication comes to you via IRIN, a UN humanitarian information unit, but may not necessarily reflect the views of the United Nations or its agencies. UN IRIN Tel: +254 2 622123 Fax: +254 2 622129 e-mail: [email protected] for more information or subscriptions. If you re-print, copy, archive or re-post this item, please retain this credit and disclaimer. Quotations or extracts should include attribution to the original sources. IRIN reports are archived on the WWW at: http://www.reliefweb.int/emergenc or can be retrieved automatically by sending e-mail to [email protected]. Mailing list: irin-cea-extra]

129 X-URL: http://www.reliefweb.int/emergenc Date: Mon, 22 Dec 1997 10:12:15 -0300 (GMT+3) From: UN IRIN - Central and Eastern Africa Subject: Rwanda: Amnesty Intl: "The Dead Can No Longer Be Counted" 97.12.19

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* News Release Issued by the International Secretariat of Amnesty International *

19 DECEMBER 1997 AI INDEX: AFR 47/44/97

Rwanda: "The Dead Can No Longer Be Counted"

The quote above -- from a testimony received from the Gisenyi region -- illustrates the despair of the civilian population trapped in Rwanda's northwestern regions.

Unarmed men, women, young children and babies are being targeted by both sides in an intensifying conflict between the Rwandese Patriotic Army (RPA) and armed opposition groups believed to be allied to the former Rwandese armed forces.

"Everyday we are receiving reports of new massacres of civilians, and behind each massacre, we uncover another," Amnesty International said today, as it published an urgent new report describing killings by government forces and armed opposition groups throughout October, November and early December 1997.

"We want this report to shake the international community out of its indifference to the plight of the civilian population in Rwanda -- and to highlight the fact that both RPA soldiers and armed opposition groups are responsible for grave human rights abuses," Amnesty International said. "The massacres of the last three months appear to be the largest-scale killings by both the RPA and armed opposition groups for at least two years."

Foreign media and diplomats rightly condemned last week's appalling massacre of around 300 mainly Tutsi Congolese refugees carried out by Hutu armed opposition groups in Mudende, Gisenyi, on 11 December. However, the large-scale reprisals which followed the same day in which hundreds of Hutu civilians were reportedly killed by Tutsi civilians in collaboration with RPA soldiers -- remain cloaked in silence.

"Whatever the scale of atrocities committed by one side, they can never justify similar atrocities by the other," Amnesty International said.

130 The organization welcomed the US Secretary of State Madeleine Albright's initiative to ask US war crimes envoy David Scheffer to investigate the massacre of refugees at Mudende, but also urged him to investigate reports of massacres of hundreds of civilians by RPA soldiers.

The increasing insecurity, the climate of fear and the restrictions imposed by the Rwandese authorities on access to sites of reported massacres have created difficulties for independent human rights organizations and media to verify the details of these reported atrocities. Many areas in the northwest where most of the killings are taking place are inaccessible to independent investigations.

"As the truth continues to be suppressed, no preventive action is taken, and the despair of the population is aggravated," Amnesty International said. "We are being told that on average at least one whole family is killed everyday."

The incidents described in Amnesty International's report represent only a fraction of those which have occurred since October. Killings in Rwanda in the last three months have escalated dramatically. Local residents in areas affected by the armed conflict are living in terror of both RPA soldiers and armed opposition groups and have nowhere to run to for safety. Neither side appears to be making any attempt to spare civilian lives.

The report provides details of almost daily reports of killings attributed to RPA soldiers, mostly during military search operations. For example:

On 21 November, RPA soldiers reportedly killed at least 539 civilians -- and possibly many more -- in Jenda, Nkuli, Ruhengeri. On 16 November, RPA soldiers surrounded Kirehe cellule, in Gatonde, Ruhengeri, and reportedly shot dead more than 300 people. Between 13 and 23 November, military helicopters reportedly fired on several areas in Gisenyi. An unknown number of civilians are reported to have died and many houses were burned. On 9 November, RPA soldiers shot indiscriminately at civilians in Gashyusha, in Kibilira, Gisenyi. At least 150 people were killed. Many bodies were buried in mass graves and others thrown into the river. Between 23 and 28 October, several thousand people were reportedly killed by RPA soldiers in a large cave at Nyakimana, in Kanama, Gisenyi. The total number of victims is still impossible to confirm, as the authorities have denied access to the site to independent investigators.

Since October, armed opposition groups have also become bolder and more ruthless in their attacks. For example, in addition to the massacre of around 300 Congolese refugees at Mudende:

On 17 November, armed groups killed between 20 and 30 civilians from seven families in Mukamira, Ruhengeri.

131 On 14 October, 37 civilians, most of them Tutsi, were reportedly killed by an armed group in Mutura, Gisenyi.

"The threat posed by the armed insurgency in the northwest should not be underestimated," Amnesty International said. "However, the Rwandese security forces have a duty to protect the civilian population in its entirety, regardless of ethnic, political or other affiliation. Non- combatants should not be targeted, under any circumstances."

Amnesty International also appealed to the Rwandese Government to ensure unrestricted and safe access to the sites of reported killings to independent local and international human rights organizations and local and foreign journalists. ENDS.../

[The material contained in this communication comes to you via IRIN, a UN humanitarian information unit, but may not necessarily reflect the views of the United Nations or its agencies. UN IRIN Tel: +254 2 622123 Fax: +254 2 622129 e-mail: [email protected] for more information or subscriptions. If you re-print, copy, archive or re-post this item, please retain this credit and disclaimer. Quotations or extracts should include attribution to the original sources. IRIN reports are archived on the WWW at: http://www.reliefweb.int/emergenc or can be retrieved automatically by sending e-mail to [email protected]. Mailing list: irin-cea-extra]

132 X-URL: http://www.reliefweb.int/emergenc Date: Tue, 23 Dec 1997 09:50:58 -0300 (GMT+3) From: UN IRIN - Central and Eastern Africa Subject: Rwanda: Human Rights Watch - FIDH urge Mudende investigation 97.12.19

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R e l i e f W e b http://www.reliefweb.int Source: Human Rights Watch Date: 19 Dec 1997 ------

Mudende massacre investigation urged

HUMAN RIGHTS WATCH / AFRICA FEDERATION INTERNATIONALE DES LIGUES DES DROITS DE L'HOMME

For Further Information, Contact: Alison Des Forges (518) 382-5540 (h) (New York) Peter Takirambudde (212) 972-8400 (o) (New York) (609) 716-4777 (h) (New Jersey) Janet Fleischman (202) 371-0124 ext. 114 (Washington, DC) (301) 565-5257 (h) (Maryland) Eric Gillet 32-2-742-1212 (o) (Brussels) Catherine Choquet 33-1-44-78-33-15 (o) (Paris) Emmanuelle Robineau-Duverger 33-1-43-55-25-18 (o) (Paris) Urmi Shah 44-171-713-1995 (o) (London) Jean-Paul Marthoz 32-2-736-7838 (o) (Brussels)

(December 19, 1997) Human Rights Watch and the International Federation of Human Rights Leagues (FIDH) strongly condemned the slaughter of at least one thousand Congolese refugees at Mudende camp in northwest Rwanda last week. According to the Rwandan government, insurgents within the country and others from the Congo launched the midnight attack. Only the most recent case of combatants killing civilians in the region, the massacre underscores the need for full inquiry and firm action against those who blatantly violate international humanitarian law.

The two international human rights organizations urged the United Nations Human Rights Field Operation in Rwanda to investigate the attack fully and to publish the results of its inquiry promptly.

They also called upon Rwandan authorities to investigate the failure of Rwandan Patriotic Army (RPA) troops to protect the refugees. According to a preliminary account by Rwandan authorities, the soldiers charged with protecting the 17,000 refugees in the camp were absent investigating a reported ambush at the time of the attack and failed to return in time to halt the slaughter. None of the attackers was captured or killed.

133 United States Secretary of State Madeleine Albright, who was visiting Rwanda at the time, directed David Scheffer, U.S. Ambassador-at-large for War Crimes, to visit the site and to investigate the massacre. Human Rights Watch and FIDH urge Ambassador Scheffer to make public the results of his inquiry.

Human Rights Watch and FIDH urge that in the future all refugee camps be established at a substantial distance from national frontiers in order to minimize the risk of cross-border attacks.

Congolese of Rwandan Tutsi origin, attacked last week, were previously targeted in massacres in Masisi, Congo, in 1993 and 1996, attacks previously documented by Human Rights Watch and FIDH.

The two organizations insist that the international community, whose failings at the time of the Rwandan genocide have been recently acknowledged both by Secretary of State Albright and the Belgian Senate, require compliance with international humanitarian law as a condition for military and financial support.. Only such a policy, in combination with judicial action, can offer a possible end to continuing conflict and instability in the region.

[IRIN note: footer edited to save space and accents remove for ease of transmission to differing e-mail systems. Original text available from HRW.]

[The material contained in this communication comes to you via IRIN, a UN humanitarian information unit, but may not necessarily reflect the views of the United Nations or its agencies. UN IRIN Tel: +254 2 622123 Fax: +254 2 622129 e-mail: [email protected] for more information or subscriptions. If you re-print, copy, archive or re-post this item, please retain this credit and disclaimer. Quotations or extracts should include attribution to the original sources. IRIN reports are archived on the WWW at: http://www.reliefweb.int/emergenc or can be retrieved automatically by sending e-mail to [email protected]. Mailing list: irin-cea-extra]

134 X-URL: http://www.reliefweb.int/emergenc Date: Fri, 16 Jan 1998 15:41:52 -0300 (GMT+3) From: UN IRIN - Central and Eastern Africa Subject: Rwanda: ICTR Update 005 15 January 1998 98.1.15

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ICTR UPDATE

ICTR/UPD/005 Arusha, 15 January 1998

"This waiver is limited to General Dallaire's appearance as a witness in the Akayesu case and to matters of direct relevance to the charges made against the accused".

- Hans Corell, United Nations Legal Counsel in his letter on behalf of the Secretary-General to the Tribunal

JEAN-PAUL AKAYESU CASE

WAIVER OF IMMUNITY OF SUBPOENAED WITNESS (GENERAL ROMEO DALLAIRE)

1. In compliance with a decision of 19 November 1997 of the Tribunal's Trial Chamber I (Judge La ty Kama, presiding, Judge Lennart Aspegren and Judge Navanethem Pillay), the Secretary- General of the United Nations has waived the immunity of Major-General Romeo Dallaire, a Canadian national and former Force Commander of the United Nations Assistance Mission in Rwanda (UNAMIR) peacekeeping force, for the purpose of giving testimony in The Prosecutor versus Jean-Paul Akayesu.

2. In a letter of 13 January 1998 from Mr. Hans Corell, Under-Secretary-General for Legal Affairs and the Legal Counsel of the United Nations, addressed to the President of the Tribunal, Judge La ty Kama, Mr. Corell stated that the Secretary-General's agreement to waive General Dallaire's immunity "is limited to General Dallaire's appearance as a witness before the Tribunal [in the Akayesu case] and to matters of direct relevance to the charges made against the accused. This waiver does not relate to the release of confidential documents of the United Nations which is subject to the authorization of the Secretary-General".

3. On 11 November 1997 the Defence filed a Motion for the Issuance of a Summons to Appear in Court, in which it prayed the Tribunal to issue a summons to General Dallaire to

135 appear as a witness in court in the Akayesu case (see ICTR/UPD/003). In a brief in reply filed by the Prosecutor on 12 November 1997 she informed the Trial Chamber that she had no objection to the motion by the Defence requesting the appearance of General Dallaire.

4. In its Decision on the Motion to Subpoena a Witness, rendered after a hearing held on 19 November 1997, the Trial Chamber considered, inter alia, the explanation of the Defence in its motion that the United Nations peacekeeping troops were in Rwanda when the massacres began following the attack that cost the lives of President Juvnal Habyarimana and his Burundian counterpart, Cyprien Ntaryamira; and that hearing General Dallaire would serve to enlighten the Defence on the Rwandan tragedy.

5. The Tribunal, seeking to ensure full respect of the rights of the accused to a proper defence, also expressed its opinion that the request submitted by the Defence is justified and that the said request should be granted.

6. For these reasons, the Tribunal

Declared the motion by the Defence to be admissible and well-founded;

Summoned Major-General Romeo Dallaire to appear as a witness for the defence in the ongoing legal proceedings against Jean-Paul Akayesu;

Requested the Secretary-General of the United Nations, consequently, to waive the immunity he enjoys by virtue of his position as former Force Commander of UNAMIR.

7. Jean-Paul Akayesu was the Bourgemestre of Taba commune in the Gitarama prefecture of Rwanda from April 1993 until June 1994. The indictment against him, in which he is charged with genocide, crimes against humanity, and violations of Article 3 common to the Geneva Conventions of 1949 and Article 4(2)(e) of Additional Protocol II thereto, was later amended to include additional counts of sexual violence.

8. Trial proceedings in the Jean-Paul Akayesu case will resume on 9 February 1998.

[ENDS]

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136 X-URL: http://www.reliefweb.int/emergenc Date: Mon, 26 Jan 1998 09:12:59 -0300 (GMT+3) From: UN IRIN - Central and Eastern Africa Subject: Rwanda: UNHCR evacuates refugees from northwest 98.1.23

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Source: UNHCR Geneva

Briefing Notes

23 January 1998

This is a summary of what was said by the UNHCR spokesperson at today's press briefing at the Palais des Nations.

1. RWANDA EVACUATION

UNHCR yesterday evacuated 164 Congolese (Tutsi) refugees by air from Gisenyi to Kigali, following several security incidents in northwest Rwanda earlier this week. Many of the refugees had been recuperating in the Gisenyi hospital from wounds suffered in the December attack on Mudende refugee camp, in which at least 300 Congolese were killed. The group, which included family members of the patients, were taken to Byumba (in the northeast) by truck, where the Mudende population was transferred for their safety. The evacuees received food and blankets upon arrival at the Gihembe camp.

Six refugees are still unable to travel, and will remain with caretakers in the hospital. UNHCR is also seeking permission from the Ministry of Social Affairs to transfer 185 unaccompanied minors, (Hutus) who repatriated from Congo over the past months, from centers in Gisenyi.

UNHCR organized the movements by air as the main road linking Gisenyi and the rest of the country has become the scene of frequent ambushes. Three international staff members remain in Gisenyi.

[...]

This document is intended for public information purposes only. It is not an official UN document.

[ENDS]

137 [The material contained in this communication comes to you via IRIN, a UN humanitarian information unit, but may not necessarily reflect the views of the United Nations or its agencies. UN IRIN Tel: +254 2 622123 Fax: +254 2 622129 e-mail: [email protected] for more information or subscriptions. If you re-print, copy, archive or re-post this item, please retain this credit and disclaimer. Quotations or extracts should include attribution to the original sources. IRIN reports are archived on the WWW at: http://www.reliefweb.int/emergenc or can be retrieved automatically by sending e-mail to [email protected]. Mailing list: irin-cea-extra]

138 X-URL: http://www.reliefweb.int/emergenc Date: Mon, 26 Jan 1998 17:27:36 -0300 (GMT+3) From: UN IRIN - Central and Eastern Africa Subject: Rwanda: ICTR press release - attempted suicide of Hassan Ngeze 98.1.26

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UNITED NATIONSNATIONS UNIES

International Criminal Tribunal for Rwanda Tribunal penal international pour le Rwanda

Press and Public Affairs Unit Arusha International Conference Centre P.O.. Box 6016, Arusha, Tanzania

Tel: 255 57 4207-11/4367-72 or 1 212 963 2850 Fax: 255 57 4000/4373 or 1 212 963 2848

E-Mail: [email protected]

PRESS RELEASE (non official - for media information only)

ICTR/INFO-9-2-098 Arusha, 25 January 1998

STATEMENT BY THE PRESS AND PUBLIC AFFAIRS UNIT OF THE ICTR CONCERNING THE ATTEMPTED SUICIDE BY HASSAN NGEZE, A DETAINEE OF THE TRIBUNAL INDICTED FOR INCITING GENOCIDE

The Suicide Attempt

Mr. Hassan Ngeze, a detainee of the International Criminal Tribunal for Rwanda currently awaiting trial on genocide-related charges, attempted to commit suicide on 24 January 1998. At 0945 hours on 24 January, while on a routine patrol of the cells in the Tribunal's Detention Facility in Arusha, a prison officer found Ngeze lying unconscious in his bed in his cell. The Tribunal urgently arranged medical treatment for Mr. Ngeze, who soon regained consciousness and is now in stable condition.

The detainee admitted swallowing a mixture of chemical agents of which detergent, normally provided to detainees in daily portions for cleaning their own quarters, was the main ingredient. A preliminary investigation has revealed that Mr. Ngeze had spoken openly to some of his fellow detainees about suicide, of which the detention authorities were unaware.

139 Previous reports from the detention facility indicate that Mr. Ngeze is an individual who could go to great lengths to attract attention to himself.

Steps Taken by the Tribunal

The Tribunal has always taken every precaution to forestall any occurrence of this nature, and a comprehensive investigation of the circumstances of Mr. Ngeze's attempted suicide is underway. Immediate action has been taken to further strengthen existing precautionary measures, and further necessary action will be taken by the Tribunal upon the completion of its internal investigation.

Hassan Ngeze

Hassan Ngeze, 37, is a former Editor-in-Chief of the Kangura newspaper in Rwanda. He was arrested in Nairobi, Kenya on 18 July 1997 and transferred the same day to the Tribunal's detention facility in Arusha. In the indictment against him, Ngeze is charged with one count of Direct and Public Incitement to Commit Genocide, and two counts of Crimes Against Humanity. The indictment alleges that Mr. Ngeze knowingly, with his consent and direction, published or allowed to be published in the Kangura certain materials which were used in the preparation of genocide against Tutsis; incited to kill and/or cause bodily or mental harm to Tutsis; and persecuted Tutsis and certain Hutus.

Mr. Ngeze entered his initial appearance before the Tribunal on 19 November 1997, at which he pleaded not guilty to the charges against him and, like other detainees, has been assigned a defence counsel of his choice by the Registrar of the Tribunal on the basis of an initial determination of indigence.

NB: ALL ENQUIRIES CONCERNING THIS MATTER SHOULD BE DIRECTED TO THE OFFICE OF THE REGISTRAR, ATTENTION MR. KINGSLEY MOGHALU, LEGAL OFFICER TEL: 1 212 963 2850 OR 255 57 4367-72 FAX: 1 212 963 2848 OR 255 57 4000/4373 ARUSHA

[ENDS]

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140 X-URL: http://www.reliefweb.int/emergenc Date: Wed, 28 Jan 1998 09:17:02 -0300 (GMT+3) From: UN IRIN - Central and Eastern Africa Subject: Rwanda: Amnesty Intl accuses Ugandan President 98.1.26

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* News Release Issued by the International Secretariat of Amnesty International *

AI INDEX: AFR 47/4/98 26 JANUARY 1998

Rwanda: Ugandan President incites killings

Ugandan President Yoweri Museveni's recent calls for executions of perpetrators of the 1994 genocide in Rwanda is deplorable and will only serve to perpetuate the cycle of bitterness and revenge in the Great Lakes region, Amnesty International said today.

"The current level of killings, including of people suspected of involvement in, and survivors of the genocide, is already intolerable," the organization said. "Such an incitement, especially by a prominent political leader, could easily be interpreted by some as a call on ordinary Rwandese citizens to kill those they believe to have been involved in the genocide."

During a visit to Rwanda on 11 January President Museveni reportedly told students at the National University of Rwanda at Butare that the organizers of the genocide "must be hanged and the sooner the better.... If you kill six of my children, you should be sure that I will kill you. If the government does not do it, I will do it myself".

These statements were followed by similar comments made by President Museveni on 21 January at a conference on Burundi held in Arusha, Tanzania. He was reported to have said that the United Nations (UN) should execute those convicted [by the International Criminal Tribunal for Rwanda (ICTR)] of genocide in Rwanda to avert a cycle of violence. Media reports quoted him as saying, "The international community must hang them -- and the sooner the better. The crime was capital and the punishment must be capital. Either the UN does it, or the Rwanda Government does it, or the families do it".

There have already been many cases of killings by Tutsi of Hutu they accuse of killing members of their families. President Museveni's call could also be interpreted by members of the Rwandese security forces to mean that they have the support of the international community if they summarily execute people they accuse of participation in the genocide. Hutu

141 armed groups too have killed hundreds of unarmed Tutsi civilians in recent months. Every effort should be made to ensure that there is no pretext for continuing such killings.

"We understand the anger and desires for retribution among the Rwandese population, given the scale of atrocities committed during the genocide. However, killing killers should not be mistaken for justice. Under no circumstances should victims' relatives or any other people be allowed or incited to take the law into their own hands," Amnesty International said.

President Museveni has been acknowledged for rebuilding the Ugandan state mostly through dialogue with opponents after hundreds of thousands were murdered by previous regimes.

"President Museveni's statements on Rwanda appear at odds with his experience in Uganda," Amnesty International said. "He seems to be suggesting there should be reconciliation in Uganda but retribution in Rwanda."

Amnesty International has repeatedly called for the perpetrators of the genocide and other grave human rights abuses in Rwanda to be brought to justice in accordance with international standards for fairness, excluding the use of the death penalty. It believes that the Rwandese Government should refrain from using the death penalty and instead, apply prison sentences commensurate to the gravity of the crimes for those found guilty of genocide and other crimes against humanity.

"We are pleased that several senior government and judicial officials in Rwanda have voiced their opposition to the death penalty, as well as their belief that executions are likely to go against the spirit of reconciliation," Amnesty International said. "World leaders and friends of Rwanda should now use this opportunity to support these individuals in the difficult task of protecting human rights in the country and encouraging an open discussion about the death penalty as a human rights issue."

Background

Amnesty International believes that the death penalty violates fundamental human rights -- the right to life and the right not to be subjected to cruel, inhuman or degrading treatment or punishment. The UN favours abolishing the death penalty and indeed the statute of the ICTR forbids it from imposing the death penalty.

More than 100 people were sentenced to death by Rwandese courts during 1997. Many of the first trials of people accused of genocide and other crimes against humanity have been unfair. Many defendants had no legal counsel and were not given an opportunity to call defence witnesses or challenge prosecution witness testimonies. In these circumstances, calls for executions increase the already inherent risk of executing the innocent. The irrevocability of the death penalty is of particular concern, given the pattern of arbitrary arrests. Furthermore, the judicial system is just being rebuilt and normal legal safeguards are not yet in place.

142 More than 1,100 prisoners are under sentence of death in Uganda and at least 12 were sentenced to death in 1997. ENDS.../

[The material contained in this communication comes to you via IRIN, a UN humanitarian information unit, but may not necessarily reflect the views of the United Nations or its agencies. UN IRIN Tel: +254 2 622123 Fax: +254 2 622129 e-mail: [email protected] for more information or subscriptions. If you re-print, copy, archive or re-post this item, please retain this credit and disclaimer. Quotations or extracts should include attribution to the original sources. IRIN reports are archived on the WWW at: http://www.reliefweb.int/emergenc or can be retrieved automatically by sending e-mail to [email protected]. Mailing list: irin-cea-extra]

143 X-URL: http://www.reliefweb.int/emergenc Date: Wed, 04 Mar 1998 11:16:16 -0300 (GMT+3) From: UN IRIN - Central and Eastern Africa Subject: Rwanda: ICTR press release on Rutaganda trial 98.3.3

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Source: ICTR Arusha

UNITED NATIONSNATIONS UNIES

International Criminal Tribunal for Rwanda ribunal penal international pour le Rwanda Press and Public Affairs Unit Arusha International Conference Centre P.O. Box 6016, Arusha, Tanzania Tel: 255 57 4207-11/4367-72 or 1 212 963 2850 Fax: 255 57 4000/4373 or 1 212 963 2848 E-Mail: [email protected]

PRESS RELEASE (non official - for media information only)

ICTR/INFO-9-2-108

Arusha, 3 March 1998

TRIAL OF RUTAGANDA RESUMES TOMORROW

The Trial of Georges Anderson Nderubumwe Rutaganda, a former second Vice President of Interahamwe, member of the national and prefectorial committees of the Mouvement R,publicaine National pour le D,veloppment et la D,moctraie (MRND), and shareholder of Radio T,l,vision Libre des Mille Collines (RTLM), resumes tomorrow with the testimony of the 16th Prosecution witness. Hearing of the case, before Trial Chamber 1, was adjourned on 25 November 1997.

Rutaganda, born in 1958 in Masango commune, Gitarama prefecture in Rwanda, is charged with Genocide, Crimes Against Humanity, and Violations of Article 3 Common to the Geneva Conventions.

It is alleged that Rutaganda participated in and/or ordered the killing of Tutsis at the Armgar garage near his office in Kigali and at Ecole Technique Officielle (ETO) school in Kicuriro commune. He is also alleged to have instructed the Interahamwe to track all the Tutsis and

144 throw them into a river, and in June 1994 he ordered people to bury the bodies of victims in order to conceal his crimes from the international community.

Rutaganda was arrested on 10 October 1995 in Zambia and transferred to Arusha on 26 May 1996. His trial began on 18 March 1997, before the Trial Chamber 1 composed of Judge Laity Kama, presiding, and Judges Lennart Aspegren and Navanethem Pillay. He is defended by Counsel Tiphaine Dickson from Canada.

SPECIAL RAPPORTEUR OF THE UNITED NATIONS IN RWANDA IN 1994 TO TESTIFY

On Monday 9 March 1998, Professor Ren, Degni Segui, former Special Rapporteur of the United Nations in Rwanda in 1994, during the genocide, will begin his testimony as an expert witness in the case of Clement Kayishema and Obed Ruzindana Vs the Prosecutor.

Professor Degni Segui, who is presently with the National University of Ivory Coast, has been called by the Prosecution before Trial Chamber 2 composed of Judge William Sekule, presiding, and Judges Yakov Ostrovsky and Tafazzal Khan.

------

NB: For more information please contact Bocar Sy or Danford Mpumilwa through our E-Mail address: [email protected] or Tel: 1 212 963 2850 or 255 57 4367-72 Fax: 1 212 963 2848 or 255 57 4000/4373 Arusha

WE WOULD ALSO APPRECIATE RECEIVING YOUR E-MAIL ADDRESS

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145 X-URL: http://www.reliefweb.int/emergenc Date: Fri, 13 Mar 1998 16:19:25 -0300 (GMT+3) From: UN IRIN - Central and Eastern Africa Subject: Rwanda: Amnesty describes "alarming disappearances" 98.3.13

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News Service 44/98

AI INDEX: AFR 47/08/98 12 MARCH 1998

Rwanda: ?Disappearances? reach alarming proportions, say Amnesty International delegates

Amnesty International delegates who returned earlier this month from a three week visit to Rwanda have reported a steep rise in the number of ?disappearances? across the country, including in the capital, Kigali.

These ?disappearances? are taking place alongside continuing massacres of unarmed civilians in the context of armed conflict between the Rwandese Patriotic Army (RPA) and armed opposition groups in the northwest.

??Disappearances? are sadly not a new phenomenon in Rwanda, but over the last few months, they have reached alarming proportions,? Amnesty International stated. ?Wherever we went, people were telling us about the ?disappearance? of their family members or friends.?

In some cases, evidence points to the involvement of members of the security forces; in others, the identity of those responsible is not known. People from the northwest appear especially at risk, as they are often viewed as collaborators of armed opposition groups.

Emmanuel Tuyishime came from Gisenyi to Kigali to look for work on 10 December 1997. He was last seen in Kigali on 16 December. His relatives have been searching for him ever since, have inquired in detention centres in different areas, and have travelled up to the northwest several times, all in vain.

Amnesty International also gathered detailed testimonies of killings of unarmed civilians by the RPA and by armed opposition groups in the escalating conflict in the northwest. People described massacres of hundreds of unarmed civilians in January and February alone.

?Houses are standing empty with their doors hanging open; the fields are deserted; the crops have been cut down or burned,? Amnesty International delegates said, describing the countryside surrounding Gisenyi town.

146 The army has ordered the population to cut down their banana plantations to deprive insurgents of their hiding place. The army is facing a significant insurgency and many soldiers have reportedly been killed during battles. However, this does not give a licence to either side to deliberately kill civilians who are taking no part in the hostilities.

Amnesty International held talks in Rwanda with senior government and military authorities about the current human rights situation. Government officials provided assurances that cases of ?disappearances? were being investigated but in difficult conditions. They also claimed that any reports of unlawful killings by members of the security forces are investigated and those found responsible brought to justice.

?We would like to believe claims by some Rwandese and foreign government representatives that the human rights situation is improving,? Amnesty International said. ?But evidence of daily killings and ?disappearances? throughout January and February points to the contrary.?

?We welcome the investigations and trials which have taken place, but until these become systematic, members of the security forces will continue to believe they can kill and abduct with impunity,? the organization added. ?The authorities should also allow access to all civilian and military detention centres to families of detainees and to human rights and humanitarian organizations.?

Examples of Amnesty International?s investigations

Amnesty International carried out research into abuses by government forces and armed opposition groups in several regions, including in the northwestern region of Gisenyi, the northern and eastern regions of Byumba, Umutara and Kibungo, and in and around Kigali.

?Disappearances?

The human rights organization collected the names of scores of people who ?disappeared? in the eastern region of Umutara in late December 1997 and January 1998, in particular in the communes of Kahi and Gabiro. Some had reportedly been rounded up by government soldiers and led away to an unknown destination. Around the same period, more than 30 unidentified dead bodies were found in at least three separate locations in the area.

Dead bodies have also been discovered in various locations in Kigali. In most cases, neither the identity of the victims nor that of their killers has been established.

A number of prominent people have also ?disappeared? -- for example the prosecutor of Gisenyi, Ladislas Mutabazi, who was last seen on 18 January at Base, near Ruhengeri. The results of official investigations into this case are not yet known.

Only in a small minority of cases are the ?disappeared? found -- sometimes too late. For example, Jean-Damasc?ne Ndagijimana ?disappeared? from Bicumbi, in Rural Kigali, in early January; his dead body was found, mutilated, two weeks later.

147 In one recent case, it was revealed that a Presbyterian pastor and five other people who had disappeared in Kigali on 14 February had been released safely, after being detained for two weeks without charge. Their families had not been given any information about their whereabouts or their well-being until their release.

It is likely that some of the other ?disappeared? are being held in military detention centres or unofficial places of detention; Amnesty International has been informed of several cases of civilians detained in military camps. However, because the authorities deny access to these detention centres, it is virtually impossible to ascertain who is being detained there.

Killings of unarmed civilians

On 11 January and in the days that followed, more than 300 civilians -- men, women and children -- were shot dead by RPA soldiers during a military operation at Keya and surrounding areas in Rubavu commune, in Gisenyi.

On 24 January, more than 120 people were reportedly killed by RPA soldiers in Nyabirehe, in Mukingo, Ruhengeri. Some of the victims were killed with bayonets or knives; others had their heads crushed with large stones. Yet others, mainly women and children, were burned alive in their homes.

Armed opposition groups were responsible for the deliberate and arbitrary killing of around 40 civilians at Jenda, in Ruhengeri, on 5 February and between 50 and 60 civilians at Byahi, in Gisenyi, on the night of 6 to 7 February. Many more were seriously wounded in these attacks. Armed opposition groups are also believed to have been responsible for the death of around 40 people in an attack on a bus carrying workers of a brewery in Gisenyi on 19 January. ENDS.../

[The material contained in this communication comes to you via IRIN, a UN humanitarian information unit, but may not necessarily reflect the views of the United Nations or its agencies. UN IRIN Tel: +254 2 622123 Fax: +254 2 622129 e-mail: [email protected] for more information or subscriptions. If you re-print, copy, archive or re-post this item, please retain this credit and disclaimer. Quotations or extracts should include attribution to the original sources. IRIN reports are archived on the WWW at: http://www.reliefweb.int/emergenc or can be retrieved automatically by sending e-mail to [email protected]. Mailing list: irin-cea-extra]

148 X-URL: http://www.reliefweb.int/emergenc Date: Fri, 13 Mar 1998 17:28:24 -0300 (GMT+3) From: UN IRIN - Central and Eastern Africa Subject: Rwanda: Three ACT-LWF Staff Members Killed in Rwanda 98.3.13

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The following has been posted to the ReliefWeb Bulletin:

Dateline ACT Rwanda No1/98

Three ACT-LWF staff members killed in armed assault in Rwanda

Geneva, March 12, 1998

ACT- Lutheran World Federation (LWF) has learned with sadness and distress of the killing of three of its staff members in Rwanda. They died in an armed assault near the border with Tanzania during the night, March 11-12, on the compound of a resettlement project for returnee Tutsi refugees. A number of other staff members were injured.

According to preliminary information from the LWF office in Kigali the assailants appear to have come from the Tanzanian border area, crossing the Akagera river in small boats. A truck is currently driving from Kigali to Bukora 3 in the prefecture of Kibungo to recover the victims.

ACT-LWF has been involved in humanitarian aid in the region since 1994. The resettlement project in Bukora 3 is funded by the UN High Commissioner for Refugees (UNHCR) and ECHO with ACT-LWF as implementing partner.

The Akagera river is a branch of the Kagera river which earned a tragic reputation when, in 1994, the bodies of thousands of dead Rwandans were found and recovered.

For further information please contact Nils Carstensen (mobile ++ 41 79 358 3171). ACT Web Site address: http://www.wcc-coe.org/act/

ACT is a worldwide network of churches and related agencies meeting human need through coordinated emergency response. The ACT Coordinating Office is based with the World Council of Churches (WCC) and the Lutheran World Federation (LWF) in Switzerland.

149 [The material contained in this communication comes to you via IRIN, a UN humanitarian information unit, but may not necessarily reflect the views of the United Nations or its agencies. UN IRIN Tel: +254 2 622123 Fax: +254 2 622129 e-mail: [email protected] for more information or subscriptions. If you re-print, copy, archive or re-post this item, please retain this credit and disclaimer. Quotations or extracts should include attribution to the original sources. IRIN reports are archived on the WWW at: http://www.reliefweb.int/emergenc or can be retrieved automatically by sending e-mail to [email protected]. Mailing list: irin-cea-extra]

150