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OO RUEHGA RUEHHA RUEHMT RUEHQU RUEHVC
DE RUEHOT #0383/01 1421715
ZNR UUUUU ZZH
O 221715Z MAY 09
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9448
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 02 OTTAWA 000383 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PHUM KAWC PREF RW CA
SUBJECT: CANADA SECURES FIRST WAR CRIMES CONVICTION 
 
REF:  A.  OTTAWA 348 
-     B.  08 OTTAWA 645 
 
¶1. (SBU) Summary: Canada on May 22 secured a landmark first judicial 
decision under its 2000 Crimes Against Humanity and War Crimes Act 
(CAHWCA), convicting failed refugee claimant Dsir Munyaneza on all 
seven charges against him related to genocide, crimes against 
humanity, and war crimes during the 1994 Rwandan genocide.  The 
conviction sets a significant precedent for future prosecutions and 
reinforces the message that Canada will not be a safe haven for war 
criminals.  Canada has a growing stable of legal tools to use in 
such cases.  End summary. 
 
A COMPLEX TEST OF UNTRIED LAW 
----------------------------- 
 
¶2. (U) On May 22, a Quebec Superior Court in Montreal convicted 
 
42-year old Rwandan Dsir Munyaneza on all seven counts against him 
of genocide, crimes against humanity, and war crimes under the 2000 
CAHWCA.  Munyaneza faced allegations that he had participated in 
multiple incidents of murder and rape of civilians and had also led 
attacks against ethnic Tutsis at the National University of Rwanda 
during the Rwandan genocide of April 1 to July 31, 1994. 
 
¶3. (U) Munyaneza came to Canada in 1997 and claimed refugee status. 
Authorities dismissed his claim in September 2000, largely on the 
testimony of an Royal Canadian Mounted Police war crimes 
investigator who linked him to the Rwandan genocide, and Canada 
denied his claim twice again on appeal.  However, authorities did 
not order his deportation, apparently because by then the federal 
Justice Department had opened an investigation on him.  Police 
arrested Munyaneza in October 2005. 
 
¶4.  (U)  Munyaneza is the first individual to be tried -- and the 
 
first to be convicted -- under CAHWCA.  All seven charges against 
him carry mandatory minimum penalties of life imprisonment, with no 
eligibility for parole for 25 years.  The court has not yet set a 
sentencing date. 
 
¶5. (U) The complex case spanned two years and three continents 
(North America, Europe, and Africa), and involved more than 60 
witnesses, many of whom travelled from Rwanda for that purpose.  The 
burden of proof required by the CAHWCA is high, particularly for 
genocide, which requires satisfaction beyond a reasonable doubt of 
"intent" to commit genocide.  The "intent" definition does not apply 
to crimes against humanity and war crimes.  Legal experts estimated 
the cost of the trial at more than C$1.6 million.   There is no 
indication yet whether Munyaneza will attempt to appeal the court's 
verdict. 
 
CRIMES AGAINST HUMANITY AND WAR CRIMES ACT 
------------------------------------------ 
 
¶6. (U) Canada became the first country in the world to incorporate 
the obligations of the Rome Statute of the International Criminal 
Court (ICC) into its national laws when it adopted the CAHWCA in 
¶2000.  The CAHWCA criminalizes genocide, crimes against humanity, 
and war crimes based on customary and conventional international 
law.  The CAHWCA gives Canada jurisdiction over:  crimes committed 
on Canadian territory and by Canadians anywhere in the world; crimes 
committed against Canadian nationals; and, any individual present in 
Canada accused of crimes listed in the Act, regardless of that 
individual's nationality or where the crime(s) occurred. 
 
¶7. (U) The war crimes unit of the federal Justice Department 
conducts war crimes investigations.  To be accepted for 
investigation, allegations must "disclose personal involvement or 
command responsibility, and the evidence pertaining to the 
allegation must be corroborated and obtainable in a reasonable and 
rapid fashion."  As of 2006-2007, the unit listed 62 active cases. 
Qrapid fashion."  As of 2006-2007, the unit listed 62 active cases. 
(No more recent statistics are publicly available.)  No prosecution 
of genocide, crimes against humanity, or war crimes may be 
undertaken without the written consent of the Attorney General of 
Canada or the Deputy Attorney General. 
 
OTHER LEGAL REMEDIES 
-------------------- 
 
¶8. (U) In addition to the CAHWCA, three other Canadian laws -- the 
Extradition Act, the Immigration and Refugee Protection Act (IRPA), 
and the Citizenship Act -- provide remedies and authorize 
enforcement action against alleged war criminals or persons who have 
committed crimes against humanity.  The federal government 
determines which remedy to use based on  court requirements for the 
substantiation and verification of evidence in criminal or 
immigration and refugee cases, available resources, Canada's 
obligations under international law, and federal policy that Canada 
not be a safe haven for war criminals. 
 
 
OTTAWA 00000383  002 OF 002 
 
 
¶9. (U) The available remedies include: 
 
- prosecution in Canada under the CAHWCA; 
 
 
- extradition to a foreign government (on request); 
 
- surrender to an international tribunal (on request); 
 
- revocation of citizenship and deportation; 
 
- denial of a visa to persons outside Canada; 
 
- denial of eligibility to file a refugee claim in Canada; 
 
- denial of refugee status; 
 
- inquiry and removal from Canada under the Immigration and Refugee 
Protection Act (IRPA); and/or, 
 
- the designation of governments considered to have engaged in gross 
human rights violations under 35(1) of the IRPA. 
 
 
¶10. (SBU) Comment:  The Munyaneza verdict sets an important 
precedent that will shape the legal framework of future war crimes 
prosecutions in Canada and reinforces Canada's ability to prosecute 
and convict war criminals.  However, Munyaneza's ability to remain 
in Canada without restriction for eight years prior to his arrest -- 
despite three rejections of his refugee claim - underscores ongoing 
concerns with laxities in Canada's refugee system (reftels). 
BREESE