VZCZCXRO0790
OO RUEHGA RUEHHA RUEHMT RUEHQU RUEHVC
DE RUEHOT #0826 3021946
ZNR UUUUU ZZH
O R 291945Z OCT 09
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0018
INFO ALL CANADIAN POSTS COLLECTIVE
RUCNDT/USMISSION USUN NEW YORK 0002
RUEHGV/USMISSION GENEVA 0002
RUEHLGB/AMEMBASSY KIGALI 0001

UNCLAS OTTAWA 000826 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PREL ICTR KAWC CA RW
SUBJECT: CANADA: LIFE SENTENCE FOR RWANDAN WAR CRIMINAL 
 
REF: OTTAWA 383 
 
¶1.      (SBU) Summary: A Quebec court has sentenced D????sir???? 
Munyaneza, a failed Rwandan refugee claimant, to life imprisonment 
with no eligibility for parole for 25 years for genocide, crimes 
against humanity, and war crimes stemming from his participation in 
the 1994 Rwandan genocide.  The landmark sentence -- the harshest 
permitted under Canadian law -- and conviction are the first under 
Canada's Crimes Against Humanity and War Crimes Act of 2000.  The 
sentence sets a significant precedent for future cases, and 
reinforces the message that Canada will not be a safe haven for war 
criminals.  End summary. 
 
 
 
¶2.      (U) The Quebec Superior Court on October 29 sentenced 
D????sir???? Munyaneza to life imprisonment, with no eligibility for 
parole for 25 years on seven convictions of genocide, crimes 
against humanity, and war crimes.  Each of the convictions under 
Canada's previously untested Crimes Against Humanity and War Crimes 
Act (passed in 2000) carried a mandatory minimum penalty of life 
imprisonment, but he will serve sentences concurrently.  The Act 
permits the prosecution of Canadian residents for acts committed 
overseas. 
 
¶3.      (U)  The Court had convicted Munyaneza on May 22 after a 
landmark trial on charges related to acts allegedly committed by 
him between April 6 and July 4 1994 in Rwanda (ref a).  Canada had 
first brought the case in 2005.  The prosecution met a high burden 
of proof (particularly for genocide) and overcame significant 
obstacles to secure the convictions, including that almost all of 
the 66 witnesses were from outside Canada, many had their 
identities shielded to prevent reprisals in Rwanda, and most spoke 
a foreign language.   In May, legal experts estimated the cost of 
the trial at C$1.6 million. 
 
¶4.      (U) In his written decision, Superior Court Justice Andr???? 
Denis defended the severe sentence because "the law considers the 
crimes committed by the accused to be the worst in existence."  He 
noted that "the accused, an educated man from a privileged 
background, chose to kill, rape and pillage in the name of his 
ethnic group's supremacy."  Justice  Denis also observed that world 
history has proven that what happened in Rwanda can happen anywhere 
in the world. 
 
¶5.      (U) Munyaneza arrived in Canada in 1997 and claimed refugee 
status.  Authorities refused his claim, and twice further on 
appeal, before arresting him on war crimes charges in October 2005. 
He has already spent four years in detention.  With time already 
served, the 42-year old Munyaneza still faces 21 years in prison 
before becoming eligible for parole.  The sentence exceeds the 20 
years suggested by his defense lawyer.   Munyaneza will appeal the 
conviction, but the plea will likely not be heard until 2010 at the 
earliest. 
 
¶6.       (SBU) Comment:  Securing Canada's first war crimes 
conviction and the maximum sentence permitted under Canadian law is 
a major achievement.  The case sets an important precedent and 
reinforces the message that Canada has the will and the tools to 
prevent the country becoming a safe haven for war criminals.  That 
ten years have elapsed between his arrival in Canada and his 
sentencing underscores the complexity of investigations and 
successful prosecution. 
JACOBSON