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Wednesday 10 October 2012

Rwanda : Le tribunal a empêché les avocats de Victoire Ingabire de poser des questions

http://www.france-rwanda.info/article-rwanda-le-tribunal-a-empeche-les-avocats-de-victoire-ingabire-de-poser-des-questions-111087619.html

http://www.amnesty.org/en/library/asset/AFR47/004/2012/en/d0e9a3d0-9ecf-418e-b6d3-f913b2e32509/afr470042012fr.html

VIU-menotee-devant-ses-juges.jpgPhoto : Victoire Ingabire Umuhoza "en rose", menottée, mais sereine car innocente.

RÉTICENCE DES JUGES À POSER DES QUESTIONS SUR LES CONDITIONS DE DÉTENTION

Le procès de la femme politique d'opposition, Victoire Ingabire, est un autre exemple dans lequel les juges n'ont pas enquêté sur les conditions de détention des accusés.

Victoire Ingabire, présidente des Forces démocratiques unifiées (FDU-Inkingi) a été jugée en 2011 pour une série d'actes de terrorisme et d'infractions liées à un discours qu'elle avait prononcé. Les accusations d'actes de terrorisme reposent, en partie, sur le témoignage de quatre hommes jugés en même temps qu'elle et qui ont tous plaidé coupable. Ces accusés – le commandant Vital Uwumuremyi, le lieutenant-colonel Tharcisse Nditurende, le lieutenant-colonel Noel Habyaremye et le capitaine Jean-Marie Vianney Karuta – ont avoué avoir été liés par le passé aux FDLR. Le ministère public a affirmé que Victoire Ingabire avait collaboré avec eux pour tenter de créer la Coalition des forces démocratiques (CFD), un groupe armé. Ses coaccusés ont affirmé qu'elle les avait rencontrés en RDC et dans la République du Congo et qu'elle leur avait envoyé de l'argent par Western Union par l'intermédiaire de tiers.

Le tribunal n'a pas examiné correctement les déclarations des coaccusés de Victoire Ingabire. Les quelques questions que la défense a été autorisée à poser ont révélé que le lieutenant-colonel Tharcisse Nditurende et le lieutenant-colonel Noel Habyaremye avaient été détenus illégalement à Camp Kami pendant sept mois avant de mettre en cause Victoire Ingabire. La défense a réussi à leur faire dire qu'ils avaient été interrogés au moins trois fois par des hommes qui étaient, semble-t-il, des agents des services de renseignement. Les accusés ont déclaré que ces interrogatoires s'étaient déroulés en l'absence d'un avocat et le lieutenant-colonel Tharcisse Nditurende a dit au tribunal : « Je ne savais même pas qu'on pouvait être assisté d'un avocat ».

Le tribunal a empêché les avocats de Victoire Ingabire de poser des questions sur les conditions de détention à Camp Kami, ses coaccusés n'ayant pas formulé de plainte à ce sujet. Ils n'ont pas pu déterminer si les éléments de preuve fournis par les coaccusés de leur cliente avaient été obtenus par la contrainte ou provoqués. Le tribunal n'a pris aucune initiative pour obtenir les notes prises pendant les interrogatoires des coaccusés à Camp Kami alors que ces documents contenaient peut-être des informations à décharge qui auraient pu contribuer à la défense de Victoire Ingabire, par exemple des indications que ces déclarations n'avaient pas été faites volontairement. La Haute Cour n'avait pas rendu son verdict au moment de la rédaction du présent document.

Key political risks to watch in Rwanda

http://af.reuters.com/article/commoditiesNews/idAFRISKRW20121010?sp=true

FACTBOX-Key political risks to watch in Rwanda

Wed Oct 10, 2012 12:27pm GMT
 

By Jenny Clover

KIGALI Oct 10 (Reuters) - Donors including the United States, the Netherlands and Germany have suspended some of their financial aid to Rwanda over accusations that it is backing the rebels in eastern Democratic Republic of Congo.

President Paul Kagame has said Western governments were "dead wrong" in blaming Rwanda for the rebellion in neighbouring eastern Congo and threatening Kigali with aid cuts.

Following are political risks to watch in Rwanda.

AID SUSPENSION

Last month Britain broke ranks with other donors and unblocked about half of its $25 million aid to Rwanda, welcoming Kigali's constructive efforts to solve the conflict.

What to watch:

-- Will other donors follow Britain and unfreeze aid, or will Britain's new international development minister reverse the decision and re-suspend aid?

-- How will donors react to the new UN report on the situation in eastern DRC due to be released in November, if it alleges continuing Rwandan involvement in the conflict.

-- Although regional states have agreed to a 4,000-strong force to try to neutralise the M23 rebels, will the force get off the ground?

SECURITY COUNCIL SEAT

The UN will decide on Rwanda's application for a revolving seat on the Security Council later this month. The decision will be a key indicator of the U.N.'s attitude towards Rwanda in the wake of its accusations over supporting M23.

What to watch:

- How much power will Rwanda be able to exert if they do get a seat on the Security Council?

POLITICAL OPPONENTS, INTERNAL RIFTS

Kagame was re-elected by a landslide in 2010 for a final term that expires in 2017. He has led his country's recovery from the 1994 genocide, and has received praise for his efforts to transform Rwanda into a middle-income country by 2020.

But critics accuse him of being authoritarian and trampling on media and political freedoms.

A Rwandan court is due to issue a verdict soon in the trial of opposition politician Victoire Ingabire, leader of the unregistered FDU-Inkingi party. She faces charges including denying the genocide, divisionism and working with a "terrorist group".

In mid-April Ingabire decided to boycott the trial, saying her "trust in the judiciary has waned". She denies funding Hutu FDLR rebels based in Democratic Republic of Congo and says her detention is politically motivated.

What to watch:

- Verdict on Ingabire. This is a major test of the independence of Rwanda's judiciary. Her British lawyer says the laws under which she is being tried were not enacted when the crimes were alleged to have been committed, or they lie outside the jurisdiction of the court.

- How will Kagame react to pressure from opposition parties and the West for political liberalisation? (Editing by James Macharia and Diana Abdallah)

© Thomson Reuters 2012 All rights reserved

UK: Downing Street backed Andrew Mitchell over Rwandan aid

http://www.guardian.co.uk/politics/2012/oct/10/downing-street-andrew-mitchell-rwandan-aid

Downing Street backed Andrew Mitchell over Rwandan aid

Mitchell restored aid on last day as international development secretary in spite of fears about president's human rights record

Downing Street   backed Andrew Mitchell over Rwandan aid
Andrew Mitchell is facing questions over restoring aid because of his links with Rwandan president Paul Kagame. Photograph: Facundo Arrizabalaga/EPA

Downing Street approved the controversial decision last month by the then international development secretary Andrew Mitchell to restore British aid to Rwanda in spite of fears about the human rights record of the president, Paul Kagame.

As Mitchell faces criticism over his decision to grant £16m in aid on his last day in office, it emerged that the move was backed jointly by No 10 and the Foreign Office (FCO). Hours after his decision last month Mitchell took up the post of government chief whip.

Mitchell, who is under renewed pressure to resign for swearing at police officers in Downing Street, is facing questions over his decision to restore the aid because he is known to have forged a strong political relationship with Kagame while the Tories were in opposition.

The former international development secretary originally put a block on Britain's annual £37m contribution to the Rwandan government in July after visiting the Kivus region of the neighbouring Democratic Republic of the Congo. Kagame's forces are facing accusations of arming the M23 rebels in the DRC and involvement in atrocities, including mass rape.

Mitchell decided to unfreeze the aid to Rwanda last month, citing progress at the International Conference on the Great Lakes Region under the chairmanship of Yoweri Kaguta Museveni, the president of Uganda. His decision was questioned by some FCO officials who felt that Kagame had not made enough progress.

But the Guardian understands that the unfreezing of the aid was formally approved by the Department for International Development, the FCO and Downing Street. The decision did not need to be referred to the national security council because it was seen as uncontroversial within government.

David Cameron is familiar with Rwanda because he has visited Project Umubano, the Tories' largest overseas social action programme established in the country by Mitchell, in 2007.

A government source said: "It was the agreed policy of the government."

Justine Greening, Mitchell's successor as international development secretary, is reviewing the funding and expected to adopt a different approach when she has to make a decision in December on the final £21m tranche of the £37m due to Rwanda.

It is expected Greening will decide that all the money should be given to aid projects on the ground, with none going to the government in Kigali.

Greening believes it is right to send a signal that Britain does not approve of Kagame, but she does not want people in Rwanda to suffer.

In addition to the £37m Britain will send directly to Rwanda, an extra £90m from Britain's aid budget is distributed to non-governmental organisations. All of the £37m was originally earmarked for the Rwandan government. Mitchell split the money he approved last month, with £8m allocated in direct aid to the Rwandan government and £8m for educational and agricultural projects run by non-governmental organisations.

The chief whip has had a close involvement with Rwanda through Project Umubano and has visited the country eight times in six years.

Mitchell paid his own airfare from Britain to Kigali in July to avoid any perception of a conflict of interest because he took part in Project Umubano during his visit. British activists, many of whom are Tories, teach in schools or coach football as part of the project. Mitchell flew back from Mozambique, which he had visited solely for government business. The return flight was therefore paid by the government.

Amnesty International published a report earlier this week that claimed civilians have been tortured and held without charge at military camps in Rwanda. Sarah Jackson, Amnesty's acting deputy Africa director, said: "The Rwandan military's human rights record abroad is increasingly scrutinised, but their unlawful detention and torture of civilians in Rwanda is shrouded in secrecy. Donors funding military training must suspend financial support to security forces involved in human rights violations."

Greening is expected to depart from Mitchell in another key area by making moves towards downgrading Britain's aid contribution to India on the grounds that it has one of the fastest and most dynamic economies in the world. She would like to replace "aid with trade", but will work closely with Indian authorities before making any decisions.

Mitchell was familiar with these arguments. But he always pointed out that more people lived in poverty in India than in sub-Saharan Africa.

UK: MPs to probe Mitchell's £16m aid handout to Rwandan dictator accused of human rights abuse

http://www.dailymail.co.uk/news/article-2214854/MPs-probe-Mitchells-16m-aid-handout-Rwandan-dictator-accused-human-rights-abuse.html?ito=feeds-newsxml

MPs to probe Mitchell's £16m aid handout to Rwandan dictator accused of human rights abuse

By JASON GROVES

PUBLISHED: 18:04 EST, 8 October 2012 UPDATED: 01:41 EST, 9 October 2012


Controversy: Andrew Mitchell

Controversy: Andrew Mitchell

MPs are expected to hold an inquiry into Andrew Mitchell's decision to hand £16million in aid to an African dictator accused of human rights abuses.

Sir Malcolm Bruce, who chairs the Commons international development committee, said there were 'questions to answer' over the decision to unlock aid to Rwanda last month.

The grant – made on Mr Mitchell's final day in office as International Development Secretary last month before he became Tory Chief Whip – flew in the face of international opinion.

Donor nations are becoming increasingly alarmed by the conduct of Rwandan president Paul Kagame's regime and the United States, Sweden and the Netherlands maintain aid bans.

Mr Kagame, who was re-elected in 2010 with 93 per cent of the vote, has been accused of suppressing opponents and journalists in the tiny east African state.

A United Nations report also accused his regime of sheltering a wanted war criminal and arming an uprising in the neighbouring Democratic Republic of the Congo.

Sir Malcolm, who visited Rwanda last year, said the country had a good track record of using foreign aid money. 

But he said this was rapidly becoming overshadowed by concerns about the regime's human rights record.

'There are real worries about the lack of pluralism in Rwanda and the lack of a free press. Direct budget support was suspended because of allegations about Rwanda's role in the uprising in the  DRC,' Sir Malcolm added.

'Other donors have not been persuaded to lift that suspension, which raises questions about why we are so anxious to lift it, and to what extent we are able to influence events in Rwanda in political terms. 

Final act: Andrew Mitchell, right, made the grant of aid to African dictator Paul Kagame, left, on his last day as International Development Secretary, last month

Final act: Andrew Mitchell, right, made the grant of aid to African dictator Paul Kagame, left, on his last day as International Development Secretary, last month


On parade: President Paul Kagame inspecting Rwandan troops in the capital Kigali

On parade: President Paul Kagame inspecting Rwandan troops in the capital Kigali

There is certainly not much evidence that President Kagame is responding to influence at the moment.

'As before with the department, the fact that they are refusing to release the policy advice raises suspicions ministers may have been acting on subjective information.'

Sir Malcolm's committee will meet next week to discuss the Rwanda issue and he said  some form of inquiry was likely  to follow.

 In a separate move, Labour's development spokesman has written to Mark Lowcock, permanent secretary at the Department for International Development, demanding the release of the policy advice behind Mr Mitchell's decision.

Ivan Lewis said there was widespread concern about the 'rushed' nature of the decision on Mr Mitchell's final day in office, particularly given his 'close relations' with President Kagame.

Probe: Andrew Mitchell, pictured centre left with dictator Paul Kagame, centre right, is facing mounting questions over his decision to grant aid to the African leader accused of human rights violations

Probe: Andrew Mitchell, pictured centre left with dictator Paul Kagame, centre right, is facing mounting questions over his decision to grant aid to the African leader accused of human rights violations

He said the decision had 'undermined the unity and collective voice of the international community' on Rwanda. In a separate letter to William Hague, Mr Lewis asked for the release of Foreign Office policy on Rwanda. 

A senior Foreign Office source told the Daily Mail that Mr Mitchell's decision had been a 'mistake' which had undermined Britain's reputation for standing up against human rights abuses.

DfID insists the Chief Whip's move was 'based on advice from policy officials within the department', but refused to disclose details. Sources also insist that he maintained a 'robust' dialogue with Mr Kagame about the country's deteriorating human rights record.

But concerns have been raised about Mr Mitchell's close friendship with the leader, who played a key role in helping to 'detoxify' the Tory party's uncaring image.

Mr Kagame helped Mr Mitchell establish a project for Tory volunteers in Rwanda. Mr Mitchell is thought to have visited the country at least eight times in the past six years.

Disturbing allegations about the Kagame regime are continuing to emerge with the president's former bodyguard describing him as a killer. Joel Mutabazi, who served Mr Kagame for 20 years, told the Times: 'Kagame has no mercy. He is a killer. He is a dictator. He can't stand any opposition.

'He sings to the West about reconciliation, but it's a lie. Rwanda hasn't learned the lessons of the genocide. It's a volcano and it's going to burst and it will be worse than before.'



Read more: http://www.dailymail.co.uk/news/article-2214854/MPs-probe-Mitchells-16m-aid-handout-Rwandan-dictator-accused-human-rights-abuse.html#ixzz28xLC387x 
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Paul Kagame's Rwanda: African success story or authoritarian state?

http://apps.facebook.com/theguardian/world/2012/oct/10/paul-kagame-rwanda-success-authoritarian

Paul Kagame's Rwanda: African success story or authoritarian state?

Paul Kagame, the president of Rwanda. Photograph: Graeme Robertson for the GuardianPaul Kagame, the president of Rwanda. Photograph: Graeme Robertson for the Guardian
Read by 30 people
Wednesday 10 October 2012

Tony Blair and Bill Clinton have heaped praise on the Rwandan president, but his halo is starting to slip

A hi-tech fingerprint scanner unlocks the entrance to Jean Gatabazi's offices at the hospital in the Rwandan town of Nyamata. Gatabazi says the past five years have brought a tarmac road, street lighting and thriving businesses to the site of one of the worst massacres of the 1994 genocide. And he knows whom he credits for the transformation. "Paul Kagame is an excellent man," he says proudly. "Hero is the right word."

President Kagame has similarly mesmerised Tony Blair (who called him a "visionary leader"), Bill Clinton ("one of the greatest leaders of our time"), Clare Short ("such a sweetie") and Howard Schultz, chief executive of Starbucks, who was persuaded to invest here. Such idolatry raises the question, what spell does this flinty statesman with bookish, even nerdy looks, with no obvious charisma, cast over western leaders – and why is it now wearing thin?

Everything in Rwanda must be seen through the prism of the genocide, a hundred apocalyptic days that wiped out 800,000 men, women, children and babies and left no family unscarred. As a guerrilla commander who marched from the bush to the capital, Kigali, it was Kagame who ended the nightmare and, his champions say, tilted the scales more towards reconciliation than revenge. "I'm not sure Rwanda would exist if not for him right now," one expat businessman said.

At first glance, it is not hard to see why visitors are seduced by Kagame's Rwanda. Whatever post-traumatic disorders have been buried in the collective unconscious over 18 years, on the surface, life is orderly, pavements are clean and roads are free from the potholes that curse much of Africa. Kigali is nurturing a reputation as the safest city on the continent. American aid workers, entrepreneurs and tourists have poured in to a version of Africa that is both user-friendly and authentic.

In the past decade, primary school attendance has trebled, child mortality has halved and parliament has achieved the highest proportion of female members in the world. Last week saw the opening of the country's first public library, its generous windows looking out directly on the US embassy. Kagame's wife, Jeannette, took a tour of the airy $3.5m (£2.2m) building and heard from articulate 12-year-olds enjoying the fastest growing One Laptop Per Child project in Africa.

It is no wonder that Rwanda is held up as a prime example of how donor support can work, proving a handy riposte to the aid sceptics who would slash the department for international development's budget. Kagame, 54, has been seen as a visionary, the face of a new, self-confident, economically vibrant African narrative that buries the passivity and victimhood of the past.

In addition, some say, this might go some way to paying off western guilt over failing to intervene during the genocide. "Clinton and Blair may be looking back to their time in the 90s and thinking, 'What could we have done differently, how can we put it right?'" one observer remarked.

But in recent years, there has been a slow, sickening realisation that the west's favourite African leader comes with a sinister edge. Kagame's Rwanda, say critics, is an authoritarian state where democracy and human rights are trampled upon and dissenters are hunted down. When Kagame won the 2010 election with 93% of the vote, for example, three major opposition parties were excluded from the ballot. Two of their leaders were jailed and still languish there today.

The third, Frank Habineza of the Democratic Green party, was also arrested briefly then went into exile after his deputy, André Kagwa Rwisereka, was found dead, nearly decapitated. "It broke our hearts," recalled Habineza, who returned home last month after two years in Sweden. "He was a man who came to our house to share a meal and was close to my family. It was a terrible death. I went to the mortuary to dress him for the burial. It was an intimate moment. It shattered us but we have to pull ourselves together."

Habineza, who received death threats after breaking away from Kagame's ruling Rwandan Patriotic Front (RPF), feels frustrated at international donors' failure to push for genuine democracy. "I requested Britain and others to take action regarding political space in Rwanda, but what they are doing, I don't understand. If the international community took a stand on political space and democracy, that would be the most helpful to us."

Habineza welcomed the work of Blair's African Governance Initiative in Rwanda, but added: "I ask him to always request President Kagame to look at these issues: democracy and economic development go hand in hand. We are saying Rwanda is ready for democracy. Tony Blair should tell him this. There cannot be democracy in a country where there is no opposition party and no freedom of expression."

In the past few years, several journalists have been arrested or killed, an exiled general survived a shooting in Johannesburg, and Scotland Yard warned two Rwandans living in Britain that "the Rwandan government poses an imminent threat to your life". A report this week by Amnesty International identified a series of unlawful detentions and torture including electric shocks. Coincidence? Kagame's government insists the incidents must be examined one by one. His critics join the dots and find a pattern that includes state-sponsored death squads.

Jean Baptiste Icyitonderwa, general secretary of Social Party Imberakuri, claims its leader has been tortured in jail. "As a person in an opposition party, you can't trust your own security," he said. "Many times you hear some leader of the opposition parties got arrested, killed and some others disappeared, others are persecuted. That means no one who belongs to an opposition party can feel safe."

Boniface Twagirimana, vice-president of the United Democratic Forces party, whose leader is also behind bars, said: "President Kagame is a dictator. He's operating like he's still in the forest as a rebel. He's not a president for the whole country, only RPF members. He doesn't want to open the political space to allow freedom of expression."

Kagame has pledged to step down in 2017, the end of his second term. But Twagirimana is doubtful. "Maybe they will change the constitution so he can continue. I think he would like to rule for 20, 30, 50 years like Robert Mugabe."

Some observers argue that the RPF government is torn between a faction of military hardliners, who regard repression as a small price to pay for post-genocide peace between Hutus and Tutsis, and a more liberal wing sensitive to democratic concerns. Kagame, the military man turned statesman, faces a constant battle to balance the two.

He recently responded to critics of restrictions on free speech by invoking Holocaust denialism. "They are mainly talking about laws related to genocide ideology, which I am more than happy to defend," he told the US Metro newspaper. "Rwandans will not tolerate voices that promote a return to the ethnic divisionism that precipitated the genocide 18 years ago. To that extent, we place limits on freedom of expression in a similar way to how much of Europe has made it a crime to deny the Holocaust. Aside from that, Rwanda is a very open and free country."

Kagame's government claims the west should not impose its own notions of democracy on Africa. His supporters include Gerald Mpyisi, managing director of the Institute of Management and Leadership, who said: "The president is running the country like a CEO of a company who ensures that every director is accountable for their department. That is why, despite the lack of resources, you still find things happening.

"I believe for a country in the third world to develop there has to be a certain element of organising the population. The west tries to use its standards in the developing world and it isn't fair."

If Rwanda had remained a kind of African Singapore, the west might have continued to turn a blind eye. But this year, it seems, the mask has finally slipped. In June, UN monitors accused Kagame of meddling in his mineral-rich neighbour the Democratic Republic of the Congo, supporting a rebellion led by a war crimes suspect and blamed for atrocities including mass rapes. Evidence gathered by Human Rights Watch supports the claim, which Rwanda fiercely denies.

International donors finally had no choice but to rap Kagame on the knuckles. His domestic opponents now want them to go further. Twagirimana said: "The money given by the UK should be stopped. It is being used to run the army and fund the campaign in Congo. In a country without a democratic system, it is not difficult to use the money how you want. That is why the money is being used to kill people in Congo and Britain should stop its support."

Human Rights Watch is a constant thorn in Kagame's side. Its researcher Carina Tertsakian was in effect expelled from Rwanda before the last election. "Paul Kagame is a figure that seems to fascinate people," she said. "He's been very clever and western governments have been very gullible in buying it and ignoring the violations and abuses. But by 2010 even the British government had to acknowledge things were not quite right. We are now seeing the Rwandan PR machine come unstuck."

-“The root cause of the Rwandan tragedy of 1994 is the long and past historical ethnic dominance of one minority ethnic group to the other majority ethnic group. Ignoring this reality is giving a black cheque for the Rwandan people’s future and deepening resentment, hostility and hatred between the two groups.”

-« Ce dont j’ai le plus peur, c’est des gens qui croient que, du jour au lendemain, on peut prendre une société, lui tordre le cou et en faire une autre ».

-“The hate of men will pass, and dictators die, and the power they took from the people will return to the people. And so long as men die, liberty will never perish.”

-“I have loved justice and hated iniquity: therefore I die in exile.

-“The price good men pay for indifference to public affairs is to be ruled by evil men.”

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