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C O N F I D E N T I A L KIGALI 000883 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR S/WCI 
 
E.O. 12958: DECL: 09/12/2016 
TAGS: PREL KCRM PHUM RW
SUBJECT: RWANDA AT LOGGERHEADS WITH ICTR OVER ACCUSED LEAD 
COUNSEL 
 
 
Classified By: Ambassador Michael R. Arietti. Reason: 1.4 (b,d) 
 
¶1.  (SBU) Summary.  The GOR has demanded the termination of 
the employment contract of an ICTR lead counsel, Callixte 
Gakwaya, whom the GOR has indicted on genocide charges, to 
remove his immunity from prosecution by Rwanda.  The ICTR has 
not responded formally, beyond an announced need to study the 
request.  The GOR will consider next steps at a cabinet 
meeting September 13, which may include a call for the 
resignation of ICTR Registrar Adama Dieng, or the temporary 
cessation of cooperation with the Tribunal.  End Summary. 
 
¶2.  (SBU) On September 1 Tanzanian police arrested Callixte 
Gakwaya, Lead Counsel of the ICTR, acting upon an outstanding 
arrest warrant issued by Rwandan authorities.   ICTR 
Registrar Adama Dieng contacted Tanzanian authorities, 
reminding them of the immunity agreement between the UN and 
the GOT (governing ICTR employees), and secured Gakwaya's 
release.  The Rwandan Government responded last week by 
demanding that the ICTR terminate Gakwaya's employment, 
thereby lifting his ICTR immunity, and allowing the GOR to 
begin judicial proceedings in Tanzania to secure Gakwaya's 
return for trial in Rwanda. 
 
¶3.  (C) Rwandan Prosecutor General Martin Ngoga told us 
September 9 that the GOR had indicted Gakwaya on genocide 
charges some time ago.  Upon learning of his employment by 
the ICTR, the GOR communicated its concern, and an ICTR 
official came to "collect information" on the case.  The ICTR 
conducted its own investigation, which "was even more damning 
than our own," said Ngoga.  However, the ICTR subsequently 
took no action, and Gakwaya continued worked in various 
capacities at the ICTR for several years.   Fairly recently, 
said Ngoga, Gakwaya gained appointment as Lead Counsel for 
accused genocidaire Yusuf Munyakasi. 
 
¶4.  (C) Ngoga said the GOR has requested a number of times 
that the ICTR respond formally to its indictment of Gakwaya 
(as well as that of other ICTR employees alleged to have 
participated in genocide) and has never received any 
substantive response.  "All they ever say is, it's a question 
of timing," said Ngoga.  While administrative relations with 
the ICTR were "quite good," he said, and he personally got on 
well with the ICTR prosecutor's office, the non-response on 
the outstanding GOR indictments was a "constant irritant." 
As, according to Ngoga, ICTR Registrar Dieng has 
responsibility for recruiting lawyers, including defense 
counsel, the GOR found it particularly galling to see Gakwaya 
appointed Lead Counsel for an accused genocidaire.  "The case 
against Gakwaya is very strong," said Ngoga.  The recent 
arrest and release by Gakwaya, "focused all of us (within the 
GOR) on the lack of cooperation on these cases," he said. 
 
¶5.  (C) The GOR's one-week deadline for Gakwaya's termination 
has expired.  Ngoga subsequently told us that the GOR 
government would consider its next steps at its weekly 
cabinet meeting September 13.  His recommendation, he said, 
was that the GOR either demand the resignation of ICTR 
Registrar Dieng, or cease cooperation with the ICTR.  "This 
had really gone on too long," he said.  "Others within the 
GOR will decide, but we need a proper response from the 
ICTR."  (Note: Minister of State for Foreign Affairs Rosemary 
Museminali and Justice Minister Tharcisse Karugarama made 
statements in the local press September 12 calling upon the 
USTR to respond to the GOR).  In a follow-on conversation 
with ICTR Information Officer Innocent Kamanzi, Kamanzi told 
emboff that "We must continue to study and analyze" the GOR 
demand.  The same had been said earlier in a press release in 
Arusha, said Kamanzi. 
 
¶6.  (C) Comment.  GOR relations with the ICTR have often been 
prickly.  While acknowledging recent smooth relations with 
the ICTR, Ngoga voiced considerable frustration that the ICTR 
essentially refused to reply to the GOR's repeated request 
for a substantive response to GOR indictments.  If the 
cabinet shares Ngoga's sentiments, the GOR may up the ante in 
its demands to the ICTR.  End Comment. 
ARIETTI