VZCZCXYZ0000
RR RUEHWEB

DE RUEHLGB #0563 2321015
ZNR UUUUU ZZH
R 191015Z AUG 08
FM AMEMBASSY KIGALI
TO SECSTATE WASHDC 5539

UNCLAS KIGALI 000563 
 
SENSITIVE 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KCRM PGOV PREL RW
SUBJECT: GOVERNMENT OF RWANDA ASSURANCES ON BWINDI 
DEFENDANTS RECEIVED 
 
REF: KIGALI 552 
 
¶1.  (U) SENSITIVE BUT UNCLASSIFIED; PROTECT ACCORDINGLY. 
 
 ¶2.  (SBU) Embassy received the following Letters of 
Assurance on Bwindi Defendants received from the Government 
of Rwanda on August 18, 2008 (reftel). 
 
 ¶3.  (SBU)  BEGIN TEXTS: The Government of Rwanda would like 
to make the following guarantees and assurances in respect to 
the Bwindi defendants named: 1. Leonidas Bimenyimana 2. 
Gregoire Nyaminani 3. Fancois Karake 
 
-- 1.  The Government of Rwanda will provide Mssrs. 
Bimenyimana, Nyaminani and Karake with all legal and 
procedural guarantees provided for under the Rwanda 
Constitution, Rwanda law, and Rwanda's international legal 
obligations, including as party to the International Covenant 
on Civil and Political Rights, and in accordance with the 
provisions of Article 7. 
-- 2.  The Government further guarantees that strict 
adherence to the principle of due process will be fully 
respected to the letter in accordance with Rwanda Laws and on 
the basis of International Law and international standards. 
-- 3.  The Government of Rwanda will grant access upon 
requested; whether or not previously announced, to the U.S. 
Embassy and/or an agreed upon third party to visit Mssrs. 
Bimenyimana, Nyaminani and Karake during any period in which 
they are in official custody. 
-- 4.  The Government understands that the circumstances may 
require that sharing of such assurances with U.S. court, with 
the Bwindi defendants and their representatives, and/or as 
part of a public record of proceedings.  Please accept the 
assurances of my highest consideration. 
 
Yours sincerely, Tharcisse Karugarama Minister of 
Justice/Attorney General. 
 
 
 ¶4.   (SBU)  Assurances of the Office of the Prosecutor 
General on Bwindi Defendants Leonidas BIMENYIMANA, Gregoire 
NYAMINANI and Francois KARAKE. 
 
I, Martin NGOGA, Prosecutor General of the Republic of 
Rwanda, offer the following guarantees and assurances in 
respect to the Bwindi defendants named above. 
-- A. Making reference to and endorsing the Assurances and 
Guarantees conveyed by Minister of Justice and Attorney 
General Tharcisse KARUGARAMA, the Office of the Prosecutor 
General will not introduce into evidence in any prosecution 
any statement made by Mssrs. BIMENYIMANA, NYIRAMINANI and 
KARAKE obtained between 2001 and 2003 by Rwandan or United 
States officials. 
-- B.  Investigation and prosecution of the three named 
defendants will be conducted in accordance with the Rwandan 
Constitution, Rwandan law, and Rwanda's international legal 
obligations, including as a party to the International 
Covenant on Civil and Political Rights, and in accordance 
with the provisions of Article 7. 
-- C. The Office of the Prosecutor General understands that 
circumstances may require that sharing of such assurances 
with a U.S. court, with the BWINDI defendants and their 
representatives, and/or as part of a public record of 
proceedings. 
 
Martin NGOGA, Prosecutor General. 
END TEXTS 
SIM