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Oklahoma Lawsuit Alleges Rwandan President Paul Kagame Triggered Rwanda Genocide

By Ann Garrison.

Paul Kagame - killed Hutu Presidents Juvenal Habyarimana and Cyprien Ntaryamira and sparked Rwandan GenocidePaul Kagame – ordered assassination of Hutu Presidents Juvenal Habyarimana and Cyprien Ntaryamira and sparked Rwandan Genocide

Oklahoma City – On Thursday, three attorneys filed a wrongful death lawsuit, in an Oklahoma City federal court, alleging that Rwandan President Paul Kagame ordered the political assassinations that triggered the 1994 Rwanda Genocide.
The three attorneys are representing Madame Agatha Habyarimana, widow of Rwandan President Juvenal Habyarimana, and Madame Sylvana Ntaryamira, widow of Burundian President, Cyprien Ntaryamira. Both their husbands died when assassins shot their plane out of the sky, on April 6, 1994.
The two presidents were flying home from a conference between east and central African leaders in Tanzania, held to discuss ways to end violence between ethnic Hutus and Tutsis from Burundi and Rwanda, when their plane was shot out of the sky, with a surface-to-air missile, over Rwanda’s capital, Kigali, on the evening of 04.06.1994.

That evening the BBC reported: The deaths of the presidents, both Hutus, look likely to make the situation in both states [Rwanda and Burundi] worse. Heavy fighting has already been reported around the presidential palace in Rwanda after news of the deaths spread. News agencies in Kigali said explosions have been rocking the city but it was not immediately clear who was involved in the fighting.

Between 800,000 and 1,200,000 Rwandans died before the fighting ended, largely in civilian massacres. At its end, current Rwandan President seized power in Kigali, as the victorious general in the 1990-1994 Rwandan Civil War.
Madames Habyarimana and Ntaryamira allege, in their wrongful death lawsuit, that Kagame, then leader of the Rwandan Patriotic Front, ordered their husbands assassination, and, that his and his army’s actions brought about the mass civilian massacre known as the Rwanda Genocide.

Oklahoma demo against Kagame

Kendall Brown
Protestors outside Oklahoma Christian University, where Rwandan President Paul Kagame delivered the commencement address on Friday, 04.30.2010.

Earlier this week, French media reported that a Paris judge investigating the crash, Marc Trevidic, was planning to send experts to Rwanda. His predecessor, Judge Jean-Louis Bruguiere, had accused the RPF of shooting down the plane and called for the arrest of President Kagame.
The widows do not live in the United States, but argue that a federal court in Oklahoma City has jurisdiction over their claims because of Kagame’s substantial contacts with Oklahoma Christian University.
President Kagame appeared at the university in Edmond, Oklahoma on Friday, 04.30.2010, the day after the lawsuit was filed, to deliver the commencement address, but left the ceremony early, surrounded by bodyguards, avoiding process service.

Media outlets around the world report that Kagame avoided process service, but it’s not yet clear that he has, because a defendant may be considered served if it can be demonstrated that he has intentionally avoided process service.
Professor Peter Erlinder, Lead Defense Counsel for the International Criminal Tribunal on Rwanda, and one of the attorneys on the wrongful death case, said:
“The U.S. Secret Service and University staff informed Kagame that we had a valid summons and complaint that we wished to serve upon him. We were instructed we could not approach Kagame for security reasons, with which we agreed, but Secret Service informed us that security requirements permitted service on any authorized person on his staff.”

“Rather than accept service, members of his staff refused to accept documents and the University ordered process servers, and lawyers, to leave campus….which is ‘interference with service of process,’ a misdemeanor under Oklahoma law. Also, because the University has now involved itself in the conspiracy to cover-up Kagame’s crimes, they have exposed themselves to liability. The president of the University has been served with a copy of the complaint and summons for Mr. Kagame.”

Oklahoma Demo against Kagame

Demonstrator outside Oklahoma Christian University, protested not only Kagame’s role in the Rwanda Genocide, but also his invasions of neighboring D.R. Congo, to plunder its mineral wealth. The lawsuit also alleges that Kagame and his officers and officials are guilty of racketeering to control the resources of eastern Congo

A university spokesman said, “President Kagame is at Oklahoma Christian as the head of Rwanda to honor the 10 outstanding Rwandan Presidential Scholars who are graduating today.
“We do not want to distract from their remarkable accomplishments by getting involved in the politics of Rwanda and surrounding countries. We cannot comment on pending lawsuits.”

Attorneys in the lawsuit stated that, “There is no independent functioning judiciary in Rwanda and any suit against defendants there would have been and would still be futile and would result in serious reprisals.”

Carla del Ponte, Lead Prosecutor for the International Criminal Tribunals on Rwanda and Yugoslavia, in her book “Madame Prosecutor; Confrontations with Humanity’s Worst Criminals and the Culture of Impunity,” tells the story of how she was fired by the UN after announcing her intent to prosecute sitting Rwandan President Paul Kagame for the assassination of Presidents Habyarimana and Ntaryamira that triggered the genocide.

[Source:  Digital Journal].

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May 3, 2010   8 Comments

Hunger and poverty increasingly alarming in Rural Rwanda

Kigali – Syfia-grands-lacs has been reporting that farmers in rural areas in Rwanda are chronically suffering from hunger and dramatically malnourished.

The main reason is that small farmers are no longer allowed to grow crops for their family subsistance.

They are forced to only grow crops decided by the governement and sell them in order to get money to buy the food they need.

Government officials ruthlessly destroy the crops of those who defy governement planning and dare to cultivate sweet potatoes, vegetables, beans or anything else to satisfy their family consumption.With that system, farmers are mainly toiling for those in cities who have jobs and money and have no right to produce for themselves.

This puts hundreds of thousands of small farmers in a very difficult nutritional situation. They become weaker and weaker and more vulnerable to various diseases. And they can complain nowhere.

The Governement doesn’t care about this alarming situation. They know that people turn to their relatives in the diaspora to send them money in order to buy food, clothes or medicine or to send their children to school. So, for the Rwandan government, that policy allows to kill two birds with one stone.
Farmers will feed the urban elite and will generate state income through export on one hand, and on the other hand, foreign currency will flow to Rwanda when alarmed individuals from the diaspora intervene financially from abroad to assist the starving and bankrupt relatives.

But what happens when you are a poor small farmer with a family, that you have no right to produce your own food, that the income from the government-authorised crop doesn’t generate enough income to feed you and your family and you have no relative to send you money?

You usually suffer, in silence. You can not even go to Kigali as you will just be chased away or thrown into jail, as part of the “clean Kigali” policy. Kigali is “clean and prosperous”, but at what human cost!

Some decide to commit suicide. State radio has announced in April that the number of suicides in rural areas has dramatically increased.

Others start thinking about other alternatives, like leaving the country. Unfortunately, the official version when people leave the country is that they are either running away from Gacaca courts, or they are deceived to believe that they will be better off somewhere else.

In that context, here is what Rwanda News Agency writes today in an article: 17 people ‘flee poverty in southern Rwanda’:

Officials in the Southern province district of Nyaruguru are up in arms after finding out that entire members of three families mysteriously disappeared from their homes over the past week, reports say.

Officials were over the weekend held up in security meetings to understand why the 17 people in total abandoned their homes in rural Nyaruguru district – which borders Burundi.

According to the Southern Province governor Ndayisaba Fidele, the families have left the country but he did not say to where.

He told state radio that the families are apparently fleeing from poverty. “They are being deceived by people outside that when they go to join them they will get rich,” he said.

There have been reports over the years that people are going out of the country to places like Malawi and Zambia – where it is believed many Rwandan refugees stay. Some are successfully become members of communities there.

Nyaruguru district has been subject to hundreds of people leaving to Burundi, claiming they are being persecuted back home. Government accused them of running away from the Gacaca courts. Some have since returned.

Related articles:
Rwanda: Forcés de produire uniquement ce que le gouvernement veut, les agriculteurs rwandais souffrent de faim chronique
Faim au Rwanda : les plus mal nourris sont les agriculteurs

SOS for Rwanda.

To those who care about Rwanda:
There are indicators which don’t lie. The silence and frustration of the people should not be a licence to ignore their plight. Ongoing people’s suffering can lead to more social unrest and loss of life. Please listen to the anguished murmurs of the silenced rural farmers. Please open the eyes, read the signs and advise wisely.

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May 3, 2010   1 Comment

Lawsuit in Oklahoma (US) district court against Rwandan President Paul Kagame et al. – full document

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA

Case No CIV-10-437-W

1) MADAME HABYARIMANA;
in her own capacity and on behalf of the estate of the
deceased President of Rwanda,
JUVÉNAL HABYARIMANA;

2) MADAME NTARYAMIRA;
in her own capacity and on behalf of the estate, of the
deceased President of Burundi,
CYPRIEN NTARYAMIRA;

Plaintiffs,

VS.

  1. GENERAL PAUL KAGAME;
  2. JAMES KABAREBE;
  3. FAUSTIN NYAMWASA KAYUMBA;
  4. CHARLES KAYONGA;
  5. JACKSON NKURUNZIZA, a.k.a Jack Nziza;
  6. SAMUEL KANYEMERA, a.k.a. Sam Kaka;
  7. ROSE KABUYE
  8. JACOB TUMWINE
  9. FRANCK NZIZA
  10. ERIC HAKIZIMANA

Defendants.

COMPLAINT WITH JURY DEMAND

(WRONGFUL DEATH AND MURDER;
CRIMES AGAINST HUMANITY;
VIOLATION OF THE RIGHTS OF LIFE, LIBERTY, AND SECURITY;
ASSAULT AND BATTERY;
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS;
VIOLATIONS OF THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT;
TORTURE;
AND CONTINUING CONSPIRACY IN FURTHERANCE THEREOF)

JURISDICTION

  1. The Alien Tort Claims Act, 28 U.S.C. § 1350, provides federal jurisdiction for “any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” This Court also has jurisdiction over Plaintiffs’ claims under 28 U.S.C. § 1331 (federal question jurisdiction); 18 U.S.C. SEC 1332 and 18 U.S.C. § 1964(c) (Racketeer Influenced and Corrupt Organizations Act).
  2. Further, the U.S. Federal Extraterritorial Torture Statute, 18 U.S.C.A. § 2340A, provides federal jurisdiction over “whoever outside the United States commits or attempts to commit torture” or conspires to commit torture, if said person is a national of the United States or is present in the United States, irrespective of the nationality of the victim or alleged offender.
  3. In addition, Plaintiffs invoke the supplemental jurisdiction of this Court, 28 U.S.C. § 1367, over claims based upon laws of the State of Oklahoma arising from ongoing, substantial contacts between Oklahoma and Defendant Kagame and the Government of Rwanda, voluntarily initiated or engaged in by Defendant Kagame, including, but not limited to:
    (a) the Rwandan Presidential Scholars Program at Oklahoma Christian University, personally established by Defendant Kagame in Oklahoma in 2006;
    (b) the continuing operation of said Rwandan Scholars program which now totals more than 60 Rwandan students;
    (c) the Rwandan Outreach & Community Foundation, staffed by Oklahoma Christian employees;
    (d) Rwandans4Water, an initiative of the Rwandan Presidential Scholars Program;
    (e) Peace Through Business-Rwanda, a partnership with the Oklahoma City-based Institute for the Empowerment of Women; and,
    (f) the physical presence of Defendant Kagame in the State of Oklahoma on April 30, 2010 to be honored by Oklahoma Christian University, and on numerous other occasions.
  4. PRELIMINARY STATEMENT AND INTRODUCTION

  5. On April 6, 1994 at 8:25 p.m., the Falcon 50 jet of the President of the Republic of Rwanda, registration number “9XR-NN”, on its return from a summit meeting in DAR-ES-SALAAM (Tanzania) as it was on approach to Kanombe International Airport in KIGALI, Rwanda, was shot down by two surface-to-air missiles; and
  6. All passengers perished in the explosion of the aircraft, including:
  7. a. Juvénal HABYARIMANA, Chief of State of Rwanda,

    b. Cyprien NTARYAMIRA, Chief of State of Burundi,

    c. Déogratias NSABIMANA, Chief of Staff of Rwandan Armed Forces (R.A.F.),

    d. Elie SAGATWA, Colonel and Chief of the Military Cabinet of the Rwandan president,

    e. Thaddée BAGARAGAZA, Major and executive officer in the ‘maison militaire’ of the Rwandan president,

    f. Juvénal RENZAHO, foreign affairs adviser to the Rwandan president,

    g. Emmanuel AKINGENEYE, personal physician to the Rwandan president,

    h. Bernard CIZA, Minister of Planning in the government of Burundi,

    i. Cyriaque SIMBIZI, Communications Minister of Burundi,

    And the members of the French flight crew:

    j. Jacky HERAUD, pilot,

    k. Jean-Pierre MINABERRY, co-pilot,

    l. Jean-Michel PERRINE, flight engineer

  8. The final order to shoot down the President’s plane was given by Paul KAGAME, himself, during a meeting held in Mulindi, Rwanda on or about March 31, 1994, with the planning and the operational phase being entrusted to Col. James KABAREBE, who was specifically charged with the formation of a team specialized in the use of surface-to-air missiles furnished by Uganda in a conspiracy with members of the non-governmental Rwandan Patriotic Army (herein after RPA).
  9. The material preparation, the organization and the intelligence necessary for the execution of this plot were brought together with the direct assistance of officers in the RPA non-governmental conspiracy:
  10. a. Charles KAYONGA, RPA Battalion Commander,

    b. Jackson NKURUNZIA, a.k.a. Jack NZIZA, Major,

    c. Col. Samuel KANYEMERA, a.k.a. Sam KAKA,

    d. Rose KABUYE, Major,

    e. Jacob TUMWINE, Major, assistant to Lt.-Col. Charles KAYONGA; and

  11. Second Lt. Franck NZIZA and Corporal Eric HAKIZIMANA, members of the missile section, fired their SAM-16-type surface-to-air missiles at the President’s plane and destroyed it in flight; and
  12. General Paul KAGAME deliberately chose a modus operandi that, in the context of the particular tension pervading both in Rwanda and Burundi between the Hutu and Tutsi communities, could only bring about bloody reprisals against the Tutsi community, and which offered him a veneer of legitimacy for his renewal of hostilities and his seizing of State power in Rwanda by criminally violent means.
  13. THE PLAINTIFFS

  14. Madame HABYARIMANA brings this action individually, and as administrator of the estate of her husband, Juvénal HABYARIMANA, now deceased, who was a subject, citizen, and resident of Rwanda. Madame HABYARIMANA presently resides outside of the United States and is not a citizen of the United States.
  15. Madame NTARYAMIRA brings this action individually, and as administrator of the estate of her husband, Cyprien NTARYAMIRA, Chief of State of Burundi, now deceased. Madame NTARYAMIRA presently resides outside of the United States and is not a citizen of the United States.
  16. THE DEFENDANTS

  17. Defendant General Paul KAGAME, Commander-in-Chief of the non-governmental RPA and the current President of the Republic of Rwanda.
  18. Defendant Lt.-Col. James KABAREBE, assistant to General Paul KAGAME and Chief of Staff for the ‘Rwandan Patriotic Army’ (RPA), now known as the ‘Rwandan Defense Forces’ (RDF).
  19. Defendant Officer Faustin NYAMWASA KAYUMBA, currently a Major General.
  20. Defendant Officer Charles KAYONGA, the RPA Battalion Commander based in Kigali and currently Brigadier General and advisor to the President for National Defense Affairs.
  21. Defendant Jackson NKURUNZIA, a.k.a. Jack NZIZA, Major.
  22. Defendant Col. Samuel KANYEMERA, a.k.a. Sam KAKA.
  23. Defendant Rose KABUYE, Major, assigned to the RPA battalion that quartered the commandos in the RPA headquarters (known as C.N.D.) in Kigali before the attack.
  24. Defendant Jacob TUMWINE, Major, assistant to Lt.-Col. Charles KAYONGA, who received the missiles to be used in the attack at his quarters in the C.N.D. and took part with other officers around Paul KAGAME in the last meeting where the order to shoot down the plane was given.
  25. Defendant Second Lt. Franck NZIZA, member of the missile section that fired his SAM-16-type surface-to-air missile at the President’s plane and destroyed it in flight.
  26. Defendant Corporal Eric HAKIZAMANA, another member of the missile section that fired his SAM-16-type surface-to-air missile at the President’s plane and destroyed it in flight.
  27. Whenever and wherever reference is made in this Complaint to any conduct by Defendant or Defendants, such allegations and references shall also be deemed to mean the conduct of each of the Defendants, acting individually, jointly and severally.
  28. Whenever and wherever reference is made to individuals who are not named as Defendants in this Complaint, but were employees/agents of Defendants, such individuals at all relevant times acted on behalf of the Defendants named in this Complaint within the scope of their respective employments.
  29. STATEMENT OF FACTS1

    Planned Assassinations

  30. While there may be some dispute regarding the particulars of the long history of conflict for political power in Rwanda and Burundi, between groups known as “Hutu” and “Tutsi”, there can be no doubt that the invasion of Rwandan territory by Tutsi ex-patriot elements of the Ugandan army in October 1990 (a.k.a. the non-governmental RPA), led by Defendant Paul Kagame, is the first cause of events that led to massacres that occurred between April and July 19942, and has resulted in more than seven million deaths in Central Africa since that time.
  31. After an initial conventional assault on October 1, 1990, the Kagame-led RPA engaged in a planned strategy of “guerilla” warfare with the purpose of:
    (a) destabilizing the Habyarimana government;
    (b) making use of the U.N. sponsored Arusha negotiations and association with opposition political parties as a “cover” for RPA war preparations; and
    (c), having achieved military superiority as early as February 1993, seizing power by military force in a final assault initiated by the assassination of President Habyarimana.3

    It is this plan that touched off the long-predicted civilian killings known as the “Rwandan Genocide.”

  32. The months of late 1993 and early 1994 include many examples of acts of sabotage, assassinations and disorder carried out by the Kagame Army (RPA) for the purpose of destabilizing, and discrediting the Habyarimana government. These acts included the killing of opposition political leaders and Tutsi civilians and to demonstrate that the current Rwandan government could no longer ensure security of the population and to create propaganda to discredit the Habyarimana government in the eyes of the international community.4This strategy went hand-in-hand with the military build-up for the “final assault”, which was the only “plan” or “conspiracy” that included the killing of civilians.
    It was at this time, late November 1993, that U.S. ambassador Flaten specifically warned Gen. Kagame and President Habyarimana that the party that resumed hostilities would be responsible for the predicted civilian casualties on the order of the recent massacres in Burundi.5
    In direct violation of this warning, General Kagame resumed hostilities by shooting down the plane carrying the two Hutu presidents.
  33. While elements of the Kagame RPA were committing acts of “terrorism” to destabilize and discredit the Habyarimana government in early 1994, its negotiators were actively engaged in blocking the implementation of the U.N. sponsored peace agreement (Arusha Accords) and Kagame was already threatening war.6By April 1, 1994, not only had the representatives of all interested governments agreed that the issues preventing implementation of the Arusha Accords had been resolved, but U.S. Ambassador David Rawson confirmed that it was intransigence of the Kagame-led RPA that was preventing the implementation of the Arusha Accords.7

    Gen. Kagame Triggers the Predicted Civilian Massacres by Assassinating Two Presidents8

  34. The final plans to assassinate President Habyarimana were converted into specific orders from Paul Kagame on March 31, 1994, which were put into action on April 6, 1994.
    An assassination team of Kagame’s RPA called “the network” launched Uganda-supplied Soviet missiles from Masaka hill at about 8:30 p.m. on April 6, 1994.9Not only was this revealed before the ICTR Trial Chamber, but French Terrorist Judge Bruguiere arrived at this conclusion based on the testimony that he heard in hearings leading to the indictment issued in November 2006.10

    Similar findings were reached by Spanish investigating Judge Merelles.11
    Further, all RPA commanders had been brought to Mulindi, on April 4, 1994, in apparent preparation for the assault to seize power that Gen. Kagame ordered on the night of April 6, 1994, shortly after he had received news of the successful assassination attack.12

  35. The assassination certainly was an act of war, as well as a terrorist act, as well as a violation of the cease-fire. The timing of the orders for the Kagame-led troops to mount the final assault on the night of April 6, 1994 – and not the afternoon on April 7, belies the assertion that the Kagame’s resumption of war was launched in response to the killing of his supporters.13
  36. In fact, Gen. Kagame and the RPA resumed the war, without any provocation, with the assassinations of Presidents Habyarimana and Ntaryamira. From the standpoint of fixing central responsibility for the massacres that the assassinations of Presidents Habyarimana and Ntaryamira touched off, these acts were undertaken with full knowledge on the part of Gen. Kagame that resumption of the war would cause massive civilian casualties, as U.S. Ambassador Flaten had warned some five months earlier and as predicted by the U.S. State Department.14
  37. Continuing and Deepening the Predicted Bloodbath

  38. The responsibility of Gen. Kagame and the RPA for the massacres that the RPA assassination of Pres. Habyarimana touched off does not end with the inception of those killings. Gen Kagame admitted to U.N. Gen. Dallaire on April 22, 1994, the predicted civilian massacres were an integral part of his war plan. In response to Dallaire’s complaint that the RPA was not using its troops to save the predicted Tutsi victims of the renewed combat, Gen. Kagame said that, “There will be many sacrifices in this war. If the refugees have to be killed for the cause, they will be considered as having been part of the ‘sacrifice’ for his war plan.”15
  39. French Judge Bruguiere and Spanish Judge Merelles noted that on numerous occasions, beginning on the night of April 6, 1994, the RPA and Gen. Kagame rejected cease-fire offers by the Rwandan General Army (RGF).16
    Gen. Dallaire also noted in contemporary code cables that the RPA would not agree to a cease-fire while it was winning.17 The ICTR testimony of former RPA officer Joshua Ruzibiza, and a confidential witness, (BRA-1), recount specific examples of Gen. Kagame ordering his troops not to intervene to save civilians and removing officers from their command for attempting to do so.18
    Judges Bruguiere and Merelles found, and other witnesses testified that the RPA affirmatively blocked the intervention of an international peace-keeping force intended to save Tutsi lives.19
  40. In addition to the direct responsibility of Gen. Kagame and the RPA for bringing the Rwanda civilian massacres about by assassinating Pres. Habyarimana and Ntaryamira and resuming the war, and for blocking the possibility of military intervention to stop the massacres once they began, Gen. Kagame and the RPA are also directly responsible for massacres committed in areas occupied by their forces, or where combat was occurring.
    As early as the night of April 6-7, 1994, squads were leaving RPA headquarters to kill persons, particularly in Remera area, near the RPA headquarters.
    According to witnesses Prof. Reyntjens and U.N. Colonel Luc Marchal,20 these were “political killings” of elites and leaders.
  41. Kagame’s RPA massacred thousands in the stadium in the northern city of Byumba shortly after seizing control of the city on April 7, 1994.21
    And, as the main force of Kagame’s RPA swept southward from Byumba/Mutara, it reached the area around Kubungo/Rusomo in the southeast of Rwanda in the two weeks after April 6.22
  42. As early as May 17, 1994, United Nations High Commissioner (UNHCR) for Refugees reports show that thousands of civilians were systematically being massacred by Kagame’s RPA troops in areas around Rusumo and in the eastern third of the country that had been controlled by the RPA since the third week in April.23The RPA massacres in the eastern part of the country were documented by Robert Gersony, U.S. State Department Human Rights investigator, who reported that in a few weeks he had concluded that no fewer than 40,000 civilians had been killed by Kagame’s RPA troops in a manner that could only have occurred as military operations in a small part of Rwanda.24
  43. Although it cannot be denied that many Rwandans, both Hutu and Tutsi were killed by opponents of the RPA, these killings were not as a result of a “pre-planned government led genocide” or “conspiracy”.25
    Rather, like killings had occurred in Burundi in October 1993, as result of violence following the assassination of the first Hutu President, Melchior Ndadaye. The killings in Rwanda began as a reaction to the assassination of the
    second and third Hutu presidents killed in the last six months.
    The Kagame RPA war of invasion, as predicted by U.S. Ambassador Flaten and many others, triggered massive civilian on civilian violence.26
  44. The predicted tragedy reached unpredictable proportions because the RPA military objectives required that the country descend into chaos, as part of its war plan, and that massacres of the population were considered merely collateral damage by Gen. Kagame.27
    Both he and the RPA bear responsibility for their scope and extent, and the conspiracy to avoid responsibility for their own crimes that continue today.
  45. GENERAL ALLEGATIONS

  46. As a direct and proximate result of Defendants’ unlawful conduct, Plaintiffs have suffered and will continue to suffer harm including pain and suffering, and extreme and severe mental anguish and emotional distress. Plaintiffs are thereby entitled to general and compensatory damages in amounts to be proven at trial.
  47. Plaintiffs’ causes of action arise under the following laws, agreements, conventions, resolutions and treaties:a. Alien Tort Claims Act, 28 U.S.C. § 1350;b. Torture, 18 U.S.C. § 2340Ac. Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968;d. Customary international law;e. United Nations Charter, 59 Stat. 1031, #3 Bevans 1153 (1945);f. Universal Declaration of Human Rights, G.A. Res. 217A(iii), U.N. Doc. A/81 0

    (1948);

    g. International Covenant on Civil and Political Rights, G.A. Res. 2220A(xxi), 21

    U.N. Doc., GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966);

    h. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. Res. 39/46, 39 U.N. Doc., GAOR Supp. (No. 51) at 1100, U.N. Doc. A/39/51 (1984);

    i. Declaration on the Protection of All Persons From Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. Res. 3452, 30 U.N. Doc., GAOR Supp. (No. 34) at 91, U.N. Doc. A/I0034 (1976);

    j. Common law of the United States of America;

    k. Statutes and common law of the State of Oklahoma, including but not limited to wrongful death, assault and battery, intentional infliction of emotional distress, and the

    l. Laws of Rwanda.

  48. There is no independent functioning judiciary in Rwanda and any suit against Defendants there would have been and would still be futile and would result in serious reprisals.
  49. COUNT 1

    (Wrongful Death – Murder)

  50. On their own behalf and on behalf of their deceased relatives, Juvénal Habyarimana and Cyprien Ntaryamira, Plaintiffs reallege and incorporate by reference the allegations set forth in paragraphs 1 through 40 as is fully set forth herein.
  51. As a direct result of the Defendants’ acts and omissions and as a result of the death of their respective husband, Plaintiffs have sustained pecuniary loss resulting from the loss of society, comfort, attention, services, and support of each decedent.
  52. Paul Kagame, et al are liable for said conduct in that Defendants directed, ordered, confirmed, ratified, and/or conspired with the military regime in bringing about the wrongful deaths of Juvénal Habyarimana, Cyprien Ntarymira, Déogratias Nsabimana, Elie Sagatwa, Thaddée Bagaragaza, Juvénal Renzaho, Emmanuel Akingeneye, Bernard Ciza, Cyriaque Simbizi, Jacky Heraud, Jean-Pierre Minaberry, and Jean-Marc Perrine.
  53. The acts described herein constitute wrongful death, actionable under the laws of Oklahoma, the United States, and Rwanda.
  54. COUNT 2

    (Crimes Against Humanity)

  55. The allegations set forth in paragraphs 1 through 44 of this Complaint are realleged and incorporated by reference as if fully set forth herein.
  56. The acts described herein against Plaintiffs constitute crimes against humanity, in violation of customary international law which prohibits inhumane acts of a very serious nature such as willful killing, torture and other inhumane acts committed as part of a widespread or systematic attack against any civilian population. Leaders, organizers, instigators and accomplices participating in the formulation of these acts are responsible for all acts performed by any person in execution of such plan.
  57. The acts described herein constitute crimes against humanity in violation of the Alien Tort Claims Act, customary international law, the common law of the United States, the statutes and common law of Oklahoma, the laws of Rwanda, and the international treaties, agreements, conventions and resolutions described in paragraph 39 herein.
  58. Defendants Paul Kagame, et al are liable to Plaintiffs for said conduct in that Defendants directed, ordered, confirmed, ratified, and/or conspired with the military regime in bringing about the crimes against humanity committed against Plaintiffs.
  59. COUNT 3

    (Violation of the Rights of Life, Liberty and Security of Person)

  60. The allegations set forth in paragraphs 1 through 48 of this Complaint are realleged and incorporated by reference as if fully set forth herein.
  61. The shooting down of President Habyarimana’s plane constitutes violations of the right to life, liberty and security of person of all those on the plane.
  62. The shooting down and killing of occupants of the plane constitutes violations of the rights to life, liberty and security of person, for which Defendants Kagame, et al are liable.
  63. The acts described herein constitute violations of Plaintiffs’ rights to life, liberty and security of person in violation of the Alien Tort Claims Act, customary international law, the common law of the United States, the statutes and common law of Oklahoma, the laws of Rwanda, and the international treaties, agreements, conventions and resolutions described in paragraph 39 herein.
  64. Defendants Paul Kagame, et al are liable for said conduct in that Defendants directed, ordered, confirmed, ratified, and/or conspired with the military regime in bringing about the illegal violations of the rights to life, liberty and security of person.
  65. COUNT 4

    (Assault and Battery)

  66. The allegations set forth in paragraphs 1 through 53 of this Complaint are realleged and incorporated by reference as if fully set forth herein
  67. As a result of these acts, Plaintiffs were placed in great fear for their lives and suffered severe physical and psychological abuse and agony.
  68. Defendants’ acts were willful, intentional, wanton, malicious and oppressive.
  69. Defendants are liable for said conduct in that Defendants directed, ordered, confirmed, ratified, and/or conspired with the military regime in bringing about the assault and battery of the occupants of the plane and tens of thousands of Rwandans.
  70. The acts described herein constitute assault and battery, actionable under the laws of Oklahoma, the United States and Rwanda.
  71. COUNT 5

    (Intentional Infliction of Emotional Distress)

  72. The allegations set forth in paragraphs 1 through 58 of this Complaint are realleged and incorporated by reference as if fully set forth herein.
  73. The acts described herein constitute outrageous conduct in violation of all normal standards of decency and were without privilege or justification.
  74. These outrageous acts were intentional and malicious and done for the purposes of causing Plaintiffs to suffer humiliation, mental anguish and extreme emotional and physical distress.
  75. As a result of Defendants’ acts, Plaintiffs were placed in great fear for their lives and were forced to suffer severe physical and psychological abuse and agony.
  76. Defendants are liable for said conduct in that Defendants directed, ordered, confirmed, ratified, and/or conspired with the military regime in bringing about the intentional infliction of emotional distress of the occupants of the plane, the relatives of the occupants and tens of thousands of Rwandans.
  77. Defendants’ outrageous conduct constitutes the intentional infliction of emotional distress and is actionable under the laws of Oklahoma, the United States and Rwanda.
  78. COUNT 6

    (Violations of the Racketeer Influenced and Corrupt Organization Act)

  79. The allegations set forth in paragraphs 1 through 64 of this Complaint are realleged and incorporated by reference as if fully set forth herein.
  80. From not later than 1990 to the present, Defendants Kagame, et al, and their agents and co-conspirators formed a RICO “enterprise” within the meaning of 18 U.S.C. § 1961(4) engaged in foreign and interstate commerce.
  81. Alternatively, Defendants and their agents and co-conspirators constituted an association in fact for a common purpose with a continuous existence separate and apart from the pattern of racketeering activity in which they engaged. This association in fact constituted an enterprise within the meaning of 18 U.S.C. § 1961(4).
  82. Each Defendant is an “individual or entity capable of holding a legal or beneficial interest in property” and, as such, each constitutes a “person” within the meaning of 18 U.S.C. § 1961 (3).
  83. The Defendants are engaged in interstate acts of commerce and the acts alleged herein have a potential effect on commerce.
  84. Over a period of years and continuing to the present, Defendants with their co-conspirators or agents, in violation of 18 U.S.C § 1962(b) through a pattern of racketeering activity, have acquired and maintained an interest in resources in the eastern Congo to their own benefit.28
  85. At all times relevant to this Complaint, the Defendants, and their agents and co-conspirators conducted, or participated directly or indirectly in the conduct of the affairs of the enterprise through a pattern of racketeering activity, within the meaning of 18 U.S.C. § 1961 (1)(5), in violation of 18 U.S.C. § 1962 (c).
  86. At all times relevant to this Complaint, the Defendants Kagame, et al, in violation of 18 U.S.C. § 1962(d) combined and conspired together and with their agents and co-conspirators to commit conduct the affairs of the enterprise through a pattern of racketeering activity.
  87. In furtherance of the conspiracy, and to effect the objects thereof, the Defendants committed overt acts as set forth more fully in paragraphs 1 through 65 and in the attached indictments and ICTR Complaint.
  88. During 1990 through 2010, in violation of 18 U.S.C §§ 1962(c) and (d), Defendants, with their agents and co-conspirators, conspired to and did conduct the affairs of the enterprise through a pattern of racketeering activity.
  89. The pattern of racketeering activity alleged in paragraphs 1 through 64 above included the following specific acts, all of which constituted and are defined as racketeering activity by 18 U.S.C. § 1961(1) and all of which are set forth in the specific numbered paragraphs herein which are realleged and incorporated here by reference as if fully set forth, as follows:
    a. arson;
    b. murder;
    c. torture;
    d. extortion;
  90. Defendants’ acts alleged herein have substantial effect within the United States.
  91. As a direct and proximate result of the Defendants’ violations of 18 U.S.C. §§ 1962 (b), (c) and (d) Plaintiffs have suffered injury to business, property, reputation and livelihood.
  92. The injuries suffered by each Plaintiff were reasonably foreseeable or anticipated by the Defendants as the natural consequence of Defendants’ acts.
  93. COUNT 7

    (Torture)

  94. Under 18 U.S. C. 2340A (a), Whoever outside the United States commits or attempts to commit torture is subject to criminal penalty of not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life. Such provision makes out a comparable claim for damages, arising from the tort associated with the aforesaid criminal act.
  95. In the moments immediately prior to their deaths, the decedents experienced psychological and physical discomfort amounting to torture, arising from their impending deaths and intentional and murderous acts of defendants Kagame et al.
  96. The federal courts of the United States have explicit criminal jurisdiction over the activity prohibited in subsection (a) if– the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.
  97. Defendant Kagame has been present in the United States on numerous occasions and was present on April 30, 2010 within the forum State of Oklahoma.
  98. The injuries suffered by each Plaintiff were reasonably foreseeable or anticipated by the Defendants as the natural consequence of Defendants’ acts.
  99. COUNT 8

    (Conspiracy to Torture)

  100. Under 18 U.S.C. 2340 (c) –A person who conspires to commit torture, or attempts to commit torture, shall be subject to the same criminal penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy, thus establishing a similar cause of action in tort.
  101. Up to and including the moment the plane crashed, thus extinguishing the lives of decedents, defendants Kagame, et al, were engaged in the conspiracy to murder, and torture, the occupants of the plane for which they had meticulously prepared.
  102. The injuries suffered by each Plaintiff were reasonably foreseeable or anticipated by the Defendants as the natural consequence of Defendants’ acts.
  103. Since the deaths occurred, defendants have been engaged in a conspiracy to “cover-up” and deny their culpability, along with un-named countries and co-conspirators.
  104. PRAYER FOR RELIEF

    WHEREFORE, Plaintiff requests the following relief:

  105. That this Court assume jurisdiction of this cause to determine this controversy and set this case for hearing on the merits;
  106. The award of compensatory damages to Plaintiffs in the amount of $250,000,000.00.
  107. The award of punitive damages against the Defendants, jointly and severally, in the amount of $100,000,000.00.
  108. That this Court allow the Plaintiff costs, expenses and attorneys’ fees, and also grant such alternative relief as may seem to the Court, just, proper, and equitable.

JURY TRIAL DEMAND

Plaintiffs demand a jury trial, pursuant to the Seventh Amendment to the Constitution of the United States, as to all claims for damages.

PLACE OF TRIAL

Plaintiffs designate Oklahoma City, Oklahoma as the place of trial.

Dated:

Respectfully submitted,

s/ John P. Zelbst
John P. Zelbst, OBA # 9991
Zelbst, Holmes & Butler
P.O. Box 365
Lawton, OK 73502-0365
Tel: (580) 248-4844
Fax: (580) 248-6916
zelbst@zelbst.com
Attorney for Plaintiffs

Prof. Peter Erlinder29
Director, International Humanitarian Law
Institute Wm. Mitchell College of Law
875 Summit Ave.
St. Paul, MN 55105
651-290-6384

Kurt P. Kerns, KS Bar #15028
Ariagno, Kerns, Mank and White, L.L.C.
328 N. Main
Wichita, KS 67202
316-265-5511
kurtpkerns@aol.com

1 Footnote references are to documents and/or testimony in the record in the Military-1 Trial at the International Criminal Tribunal for Rwanda.

2 See testimony of witnesses, DH-90 and DH-91, who witnessed the Invasion in the Parish in which one of them served; Experts Desouter, Strizek, Lugan.

3 See testimony of Ruzibiza, Serge Desouter, Lugan Strizek, Colonel Luc Marchal and Witness ALL-42

4 Testimony of Abdul Ruzibiza, 9 March 2006

5 Testimony of Flaten, 30 June, 1 July 2005

6 Exhibits DNT30, DNT103, DNT105, DNT174, DNT243, DNT253, DNT254, DNT256, and DNT262

7 Exhibits DNT31, DNT32, DNT104, DNT121, DNT179. See CHRONOLOGICAL LISTING OF DOCUMENTARY EXHIBITS/TESTIMONY DESCRIBING THE EXPLANATION OF EVENTS DURING THE 1990-94 RWANDA WAR.

8 See CHRONOLOGICAL LISTING OF DOCUMENTARY EXHIBITS/TESTIMONY DESCRIBING THE EXPLANATION OF EVENTS DURING THE 1990-94 RWANDA WAR. Jan-April 6 Sections, et seq.

Former U.S. Ambassador Flaten testified that he personally warned Kagame that, if HE started the war again, HE would be responsible for killings like those that had recently occurred in Burundi.

Once Kagame resumed the war, the predicted killings followed apace.

What was lacking was the military capability to stop them by current Rwandan Army (the FAR), and the lack of will to do so, on the part of Kagame’s RPA because they were winning the War.

9 Id.

10 See Bruguiere Indictment of RPF Attached

11 See Merelles Indictment of Paul Kagame and RPA attached.

12 Id…..also BRA-1 (T. 05/04/06, p. 64-67)

13  Testimony of Colonel Marchal (T. 30/11/06, p. 27-28); Lugan (T. 15/11/06, p. 9); Ruzibiza (T. 09/03/06, p. 26-28,

38-39). ALL42 (T. 09/11/06, p. 21)

14  See footnote 5.

15  Testimony of Dallaire (T. 27/01/04. P. 87-88) and book (Exhibit DNT33) on page 358 (English) or 451 (French);

Testimony of Reyntjens (T. 21/09/04, p. 49-50). When commenting on the Kagame statement, Reyntjens confirmed that other RPF leaders made the same statement (T. 21/09/04, p. 49-50).
During his testimony, Ruzibiza corroborated Reyntjens (T. 09/03/06, p. 62)

16  Bruguiere Report; Testimony of witness Colonel Luc Marchal (T. 30/11/06, p. 25-26)

17  Exhibits DNS106, DNT111, DNT112, DNT113, DNT118, DNT188 and DNT189

18  Testimony of Ruzibiza (T. 09/03/06, p. 45) and witness BRA-1 (T. 06/04/06, p. 68)

19  Bruguiere, p. 46; Testimony of witnesses Colonel Dewez (T. 24/06/05, p. 49); Desouter (T. 04/04/06, p. 19) and Colonel Luc Marchal (T. 30/11/06, p. 25-26).

20  Reyntjens Testimony (T. 22/09/04, p. 30) his book Rwanda. Trois jours qui ont fait basculer l’histoire, p. 62 and

Testimony of witness Colonel Luc Marchal (T. 01/12/06, p. 1).

21  Testimony of witness BRA-1 on (T. 06/04/06, p. 64-65); witness ALL-42 (T. 08/11/06, p. 41-43)

22 For a summary of some of the crimes committed by Defendant Kagame and co-conspirators in the furtherance of the conspiracy, see summary prepared by Paul Rusesabagina, the main figure depicted in the award winning film, Hotel Rwanda, attached.

23  May 17 Code Cable. See CHRONOLOGICAL LISTING OF PROSECUTION AND OF DOCUMENTARY EXHIBITS/TESTIMONY DESCRIBING THE EXPLANATION OF EVENTS DURING THE 1990-94 RWANDA WAR. May Section.

24 Gersony Report (Exhibit DK-112) and related testimony be witness Jean Marie Vianney Ndagijimana former RPG Foreign Minister. (T. 16/11/06, p. 50-58). See CHRONOLOGICAL LISTING OF PROSECUTION AND OF DOCUMENTARY EXHIBITS/TESTIMONY DESCRIBING THE EXPLANATION OF EVENTS DURING THE 1990-94 RWANDA WAR.

September-October 1994 Sections, et seq.

25 See ICTR, Military-1 Judgment of February 8, 2009, acquitting top military officers who opposed Kagame’s RPF of conspiracy on planning to commit genocide.

26 The CIA had predicted in January 1994 that in case of resumption of hostilities as many as half a million persons might die. This information is found in the book of Des Forges “Leave none to tell the story” on page 18.

27 Cross examination testimony of Gen. Dallaire related to Code Cable of April 23, 1994, reporting his conversation with Kagame in Mulindi and report of the same in his book, from which the “collateral damage” languages is drawn.

28 See Expert Reports of 2001, 2002, 2003, 2008 commissioned by U.N. Security Council detailing ongoing theft of billions of dollars of natural resources from the eastern Congo by Defendants.

29 Mr. Zelbst is a member of the Bar of this Court.
Mr. Erlinder is a member of the Bar of the State of Illinois and Indiana.
Mr. Kerns is a member of the Bar of the State of Kansas.
Mr. Erlinder and Mr. Kerns are not admitted in this Court at this time.

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May 3, 2010   4 Comments