VZCZCXYZ0010
PP RUEHWEB

DE RUEHLGB #0180/01 0541539
ZNR UUUUU ZZH
P 231539Z FEB 06
FM AMEMBASSY KIGALI
TO RUEHC/SECSTATE WASHDC PRIORITY 2403
INFO RUEHXR/RWANDA COLLECTIVE PRIORITY
RHMFISS/CDR USEUCOM VAIHINGEN GE PRIORITY

UNCLAS KIGALI 000180 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR AF/C AND DRL 
EUCOM FOR POLAD 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM PHUM RW
SUBJECT: MEDIA COVERAGE OF BIZIMUMGU TRIAL REFLECTS 
DIVERGENT VIEWS OF JUDICIARY 
 
REF: A. KIGALI 168 
     ¶B. KIGALI 54 
 
This is sensitive but unclassified.  Please protect 
accordingly. 
 
¶1. (U) Summary:  Local and international media provided 
mixed commentary on the Bizimungu verdict announced February 
17 (reftel).  While some lauded the long-awaited decision of 
the Rwandan Supreme Court as a positive development in 
Rwanda's judicial reform process and an example of the 
judiciary's independence, others criticized the trial and 
outcome as politically motivated.  Others simply reported 
the facts of the decision, as announced by the Court, 
without further comment on the decision itself or the merits 
of the case.  End summary. 
 
Evidence Cited by Court 
----------------------- 
 
¶2. (U) Pro-government newspaper "The New Times" (TNT) 
detailed the basis of the Supreme Court's decision to uphold 
the lower court's guilty verdict and 15-year sentence on 
former President Bizimungu.  The newspaper quoted Court 
President Aloysie Cyanzayire as stating during sentencing 
that Bizimungu will serve 15 years total (the maximum 10- 
year sentence for the additional conviction of treason and 
the five-year sentence for his prior conviction of 
embezzlement).  The sentence on the treason conviction will 
run concurrently with his prior five-year sentence for 
formation of a criminal association and five-year sentence 
for incitement of civil disobedience. 
 
¶3. (U) According to TNT, Cyanzayire cited the most 
aggravating factor supporting the charge of treason as 
Bizimungu's 2001 interview with French weekly magazine 
"Jeune Afrique," in which he stated that "The Rwandan army 
top brass is comprised 100 percent of Tutsis, while Hutus 
make up 85 percent of the population, and in ten to fifteen 
years Hutus will again take up arms and lure Tutsis out of 
the country."  Additional evidence cited by Cyanzayire 
included two letters found in Bizimungu's residence that 
were written by self-exiled renegade Rwandan Army Major 
Alphonse Furuma and addressed to President Kagame and Papal 
Nuncio that were critical of the RPF. 
 
¶4. (U) Government-owned "Radio Rwanda" similarly reported 
the facts of the Supreme Court's decision but did not 
provide any comment on the decision or the merits of the 
case.  It stated only that the Court affirmed the 15-year 
jail sentence of Bizimungu, who was found guilty of 
"treason, spreading malicious rumors aimed at inciting the 
public against the government, and creating a criminal 
association."  It also reported that his co-defendant, 
former Minister of Transport Charles Ntakirutinka was 
sentenced to ten years, while the other co-defendants were 
acquitted of all charges and ordered immediately released. 
 
Positive Sign of Judicial Independence 
-------------------------------------- 
 
¶5. (U) In contrast, independent radio "Contact FM" praised 
the Court's decision to acquit the six co-defendants, who 
were tried jointly with Bizimungu and Ntakirutinka, as a 
positive sign demonstrating the independence of the Rwandan 
judiciary.  (Note:  The 2003 Constitution established the 
Rwandan judiciary as a separate branch of government.  End 
note.) 
 
Criticisms of Political Motivation 
---------------------------------- 
 
¶6. (U) Other independent media, however, took a more 
critical view of the Court's decision.  Independent "Radio 
France International" (RFI) commented that the Court's 
decision to uphold Bizimungu's conviction was not only a 
serious decision with consequences for Bizimungu but a 
warning for anyone considering challenging the ruling RPF, 
as did the former president in attempting to create an 
independent political party.  Agence France Press (AFP) 
commented that Bizimungu was a prisoner of his own views. 
It dismissed his trial as purely politics and said that the 
verdict must be viewed in that context. 
 
¶7. (U) BBC reporter Geoffrey Mutagoma observed that the 
courtroom was so packed that it was difficult to see 
Bizimungu's reaction as the court upheld his conviction. 
 
Ntakirutinka's wife told BBC afterwards that she was not 
surprised by the decision, while another person who was 
interviewed by Mutagoma viewed the trial as demonstrating 
that the Rwandan judiciary had matured. 
 
¶8. (SBU) Former Prime Minister Celestin Rwigema, living in 
exile in the U.S., dismissed the trial as "du theater" (a 
theatrical farce) during an interview with VOA.  Contrary to 
those who regarded the decision as a reflection of the 
judiciary's independence, he remarked that it shows that the 
"Rwandan judiciary is not free and works under the RPF and 
President Kagame." 
 
¶9. (SBU) Jean Paul Turinzwenamungu, Executive Secretary of 
the Rwandan League for the Promotion and Defense of Human 
Rights (LIPRODHOR), Rwanda's largest human rights NGO, also 
regarded the verdict as "politically motivated" rather than 
independent.  He pointed out that the January 17 
postponement of the decision for no reason was an indication 
that the Supreme Court was not sufficiently independent to 
render its own decision.  (Note:  On January 17, the Supreme 
Court clearly stated its reason for the postponement as a 
need for additional time to carefully review and document 
the voluminous facts of the case (ref B)).  He said that by 
convicting Bizimungu of criminal association, affirming the 
lower court's decision despite the prosecution's failure to 
provide sufficient evidence to sustain the conviction, the 
Supreme Court demonstrated lack of independence. 
Turinzwenamungu attributed the absence of loud public outcry 
over the verdict to self-censorship among civil society, 
which otherwise would have mobilized and put pressure on the 
GOR. 
 
¶10. (SBU) Francine Rutazana, Executive Secretary of the 
League of Human Rights for the Great Lakes Region (LDGL), a 
regional NGO based in Kigali, shared LIPRODHOR's view of the 
verdict as "highly politically motivated."  She believed 
that Bizimungu's arrest was motivated by his intended 
candidacy for the 2003 presidential elections.  She 
expressed disappointment over the Supreme Court's lack of 
independence and perspicacity, and questioned the Court's 
decision to let the former president suffer unjustly in 
prison.  She added that LDGL was afraid to publicly 
criticize the Supreme Court and preferred to exercise self- 
censorship. 
 
Comment 
------- 
 
¶11. (SBU) The four-hour proceeding was conducted in a calm, 
orderly, meticulous manner, with a detailed recounting of 
the facts of each case, followed by a lengthy reading of 
each defendant's verdict and sentence (ref A).  While 
observers generally commented that Friday's court proceeding 
appeared more organized and procedurally transparent than 
the lower court's 2004 proceeding, the range of commentary 
from local and international media based in Rwanda reflects 
the ongoing divergence of opinion over the initial charges 
on which Bizimungu and Ntakirutinka were accused and 
convicted.