VZCZCXYZ0011
OO RUEHWEB

DE RUEHC #5918 3452133
ZNR UUUUU ZZH
O 112114Z DEC 07
FM SECSTATE WASHDC
TO AMEMBASSY KIGALI IMMEDIATE 0000

UNCLAS STATE 165918 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PREL PTER
SUBJECT: INITIATING ASSURANCE NEGOTIATIONS FOR THREE 
POSSIBLE RWANDAN REMOVALS 
 
REF: KIGALI 915 
 
¶1. (SBU) THIS IS AN ACTION REQUEST: Post is requested to make 
the points in paragraph 6 to appropriate interlocutor(s) in 
the Rwandan Government. 
 
¶2. (SBU) BACKGROUND: Rwandan citizens Leonidas Bimenyimana, 
Gregoire Nyaminani, and Francois Karake were brought to the 
United States in 2003 for criminal prosecution for the 1999 
murder of two U.S. citizens in the Bwindi Impenetrable 
National Forest in Uganda.  The attack in Bwindi, which 
resulted in the deaths of six other tourists and one Ugandan 
park guard, was carried out by the Liberation Army of Rwanda 
(ALIR), a U.S. designated terrorist organization.  All three 
men are admitted members of ALIR. 
 
¶3.  (SBU) On February 7, 2007, a U.S. District Court 
dismissed the criminal proceedings against these three 
individuals following an order suppressing previous 
statements made by them because they were coerced, in part, 
through torture in Rwanda.  On February 12, 2007, these 
individuals were transferred to the custody of Department of 
Homeland Security's Immigration and Customs Enforcement 
(ICE).  Once in ICE custody, DHS brought removal proceedings 
before an immigration judge (IJ) in Arlington, Virginia.  On 
September 5, 2007, the IJ issued a written decision in Mr. 
Bimenyimana's case ordering him removed, but deferring his 
removal  to Rwanda based upon a finding that it is more 
likely than not that he would be tortured if returned to 
Rwanda.  A similar order was issued in Mr. Nyaminani's case 
on September 27, 2007.  Mr. Karake's immigration hearing took 
place November 6, 2007.  A written decision in his case is 
expected sometime after November 27, 2007. 
 
¶4.  (SBU) DHS A/S Myers wrote to Deputy Secretary Negroponte 
on October 18, 2007 requesting that the State Department 
assist in removing Bimenyimana, Nyaminani, and Karake.  On 
December 7, 2007, the Deputy Secretary approved a letter from 
Ambassador Dailey, Coordinator for Counterterrorism, to ICE 
A/S Myers communicating the Department's intent to initiate 
discussions with the Government of Rwanda on the possibility 
of its providing to the United States credible, written 
assurances with respect to the treatment of Mr. Bimenyimana 
and Mr. Nyaminani if they were returned to Rwanda. In 
consultation with DHS, we will determine whether and how to 
proceed in the Karake case once a decision is issued by the 
immigration judge. 
 
¶5.  (SBU) Per post's discussions with the Rwandan Justice 
Minister, the Department understands the GOR would prosecute 
Bimenyimana and Nyaminani should they be returned to Rwanda. 
We will need to seek written assurances from all ministries 
that would be responsible for having custody of them once 
returned to Rwanda. 
 
¶6. (SBU) Post is requested to draw from the following points 
in discussions with appropriate Rwandan officials at the 
highest possible level to request written assurances at the 
Ministerial level or above with respect to the treatment of 
Mssrs. Bimenyimana and Nyaminani should they be returned to 
Rwanda: 
 
--We appreciate the GOR's expressed willingness to provide 
written assurances that Mssrs. Bimenyimana and Nyaminani, 
would be treated humanely and will not be tortured if 
returned to Rwanda. 
 
--While there are pending immigration proceedings associated 
with these men, we would like to initiate discussions with 
all appropriate GOR officials to ensure that if we were to 
return them to Rwanda it would done in accordance with U.S. 
immigration law and international treaty obligations. 
 
-- Accordingly, we ask that the GOR provide a list of all 
government ministries that could potentially have a role in 
handling these individuals if returned to Rwanda, as we will 
require written assurances from each ministry. 
 
--In light of our obligations under Article 3 of the 
Convention Against Torture and Other Cruel, Inhumane or 
Degrading Treatment or Punishment and related considerations, 
the United States would need to receive written assurances 
from appropriate Government of Rwanda officials, at the 
ministerial level or higher, with respect to the treatment of 
Mssrs. Bimenyimana and Nyaminani if returned to Rwanda. 
 
--Written assurances must include the following commitments 
from the Government of Rwanda: 
 
- The Government of Rwanda will provide Mssrs. Bimenyimana 
and Nyaminani with all legal and procedural guarantees 
provided for under Rwanda's Constitution, Rwandan law and 
Rwanda's international legal obligations, including as a 
party to the International Covenant on Civil and Political 
Rights, and thereby protect these individuals from any and 
all forms of torture; 
- The Government of Rwanda will not introduce any statement 
elicited through coercion including but not limited to any 
statements made by Mssrs. Bimenyimana and Nyaminani between 
2001 and 2003 to Rwandan and/or United States officials at 
Kami Camp or the National Police Headquarters at Kacyiru, in 
any prosecution of these individuals following their return 
to Rwanda; 
- The Government of Rwanda will grant access upon request, 
whether or not previously announced, to the U.S. Embassy or 
an agreed upon third party to visit Mssrs. Bimenyimana and 
Nyaminani during any period in which they are in official 
custody in Rwanda. 
 
¶7.    (U) If the issue of Mr. Karake is raised by Rwandan 
officials, post should just indicate that it is not prepared 
to discuss him at this time, but that we will let them know 
if that situation changes. 
 
¶8.    (SBU) Please note that no information regarding the 
immigration proceedings involving these individuals, the 
claims they made therein regarding the treatment they faced 
if returned to Rwanda, or the fact that they were granted a 
deferral of removal as to Rwanda may be disclosed to or 
discussed with Rwandan officials. 
 
¶9.    (U)For further background or information, post may 
contact S/CT Hillary Batjer-Johnson at 647-4106, L/HRR 
Elizabeth Amory at 647-2731 or DRL/MLGA/Danika Walters at 
647-4659. 
RICE