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Letter from Paul Rusesabagina to Pres. Sarkozy on Mrs. Habyarimana’s Detention.

From: Paul Rusesabagina

Chicago, 09 March 2010

Paul Rusesabagina, President Hotel Rwanda Rusesabagina Foundation (HRRF).

Hotel Rwanda Foundation Rusesabagina Foundation
P. O. Box 11001
Chicago, IL 60611-0001

To: His Excellency Nicolas Sarkozy
President of the French Republic

Subject: The arrest of Mrs. Agathe Habyarimana

Dear Mr. President,

On behalf of the organization Hotel Rwanda Rusesabagina Foundation and on my own behalf, allow me to express my deep dismay following the arrest of Mrs. Agathe Habyarimana, the widow of former President Juv�nal Habyarimana of Rwanda, the Prosecutor General in Paris Tuesday, March 2, 2010.
Let me also clarify at the outset, it is as a humanitarian and a victim of the tragedy of 1994 that I inform you of my deep concerns that affect both the pattern and extent of this inquiry, and the period during which it occurs.
One thing is certain: it is imperative that there be trial, the court record by Mrs Habyarimana should be decided by the International Criminal Tribunal for Rwanda and not by the Kigali regime unable to deliver justice fairly and impartially.

Mr. President,
The public and I have learned that Ms. Agathe Habyarimana was interpel�e based on an international arrest warrant issued by Rwanda and the ground that it participated in planning the 1994 genocide.
This inquiry, which came a day after your visit to Kigali, where there is not very long regime grinding of black against France at the point of breaking off diplomatic relations with your country following the arrest warrants of incriminating French dignitaries RPF in the deadly attack against the plane of former Rwandan President Juv�nal Habyarimana April 6, 1994, feels hints of retaliation.
Indeed, a complaint filed by Mrs Habyarimana and other plaintiffs had been the source of the French investigation.
This question is even more absurd that Mrs Habyarimana has not once been sought for prosecution by the ICTR, for 16 years that the court exists.
The widow of the former head of the Rwandan Government was therefore suspect until last week, only to view the Rwandan regime and today she is also in the eyes of French justice.
In other words, Paris and Kigali want to make the world believe that Mrs Habyarimana, who has never chaired or attended any council or government of the General Staff of the Rwandan army, would have had the authority to use military and governmental structures in place to plan and execute the removal of her own husband, President Juv�nal Habyarimana, and his brother, Colonel Elijah Sagatwa, both died in the plane April 6, 1994 to carry out his plan of genocide.

Mr. President,
This indictment in France for the former first lady of Rwanda is a serious focused both detrimental to the image of France and the victims of the Rwandan genocide.
First, Mr. President, make sure that for 16 years, Rwandans know perfectly well, unfortunately unable to do anything, that is the source of their misfortune in 1994, before 1994, and of after 1994, and the suspect is not that the French judiciary has put on the dock.
But curiously, the lawsuit last week seems to say aloud that France gleefully mocks the intelligence of the Rwandans, of our national tragedy which claimed over one million of our brothers and sisters, and pain of the relatives of those who perished in the plane, without forgetting that French citizens and Burundi.

Then, until last week, it was unthinkable that France, a great member of the Security Council United Nations at the forefront of defending human rights, can abdicate its image in the battle, proudly, morally and historically, should be his own: that of justice and truth, the fight against the inhumanity of man to man.

Photo op Nicolas Sarkozy with Gen. Kagame et his generals, all indicted by French Justice for crimes against humanity (feb. 2010)

When you see in Kigali box right by General Paul Kagame and behind by the Chief of Staff of the Army and the national commissioner of police in Rwanda, two of which are responsible for the greatest number of deaths since the Second World War are also covered by the French arrest warrants, we measure the shaking of the authority of the French judiciary and the embarrassment of the French nation. Is it not shameful that France, sung daily by the current regime in Kigali as having actively participated in the Rwandan tragedy, do not even try to bleach before the world and history by requiring the placing on foot of a neutral international investigation on the tragedy of Rwanda, failing to enforce the provisions of the judicial inquiry report of the French justice?

It is unacceptable that we want today for political purposes and without forensic evidence, monster into a woman who has herself been overshadowed by those that triggered the genocide by shooting down the plane with her husband.
To attack the dignity of Mrs Habyarimana based solely on allegations of frivolous Kigali regime comes not only add to her grief but also to undermine the dignity of the people of Rwanda itself.
If France wants to play the game libelous practiced excessively by the Kigali regime against its political enemies, or when one of the great marketing without feelings of the Rwandan genocide to the chagrin of the victims is his right but the wrong choice,
If France is not morally offended by the cynical commercial exposure throughout Rwanda for the human bones of victims of humble social origin when relatives of dignitaries were buried in the respect that they deserve,
If the France is not outraged by the sham annual national mourning, as is the case next month,
it is his right but the wrong choice to history.

The fact that this arrest occurs immediately after your visit to Rwanda is also far from reassuring regarding the benefits that the Rwandan people had every reason to expect the restoration of relations between your country and Rwanda.
It shows both that Mrs Habyarimana may be a bargaining chip for the return of France in favor of General Paul Kagame and the fear remains, on the other hand, the resignation of France in defense of rights against the Kigali regime.
This impression is reinforced by the fact that, paradoxically, your government is making no effort, nor to defend the honor of French soldiers who participated in Operation Turquoise, which are unfairly soiled by the Kigali regime, or to execute warrants of arrest of Judge Jean-Louis Bruguiere against the Rwandan officers suspected of having shot down the plane of President Habyarimana.

Mr. President,
My statement above does not force your government to line up behind one or another component of the Rwandan population.
It is intended to take France to encourage and support the people of Rwanda in its struggle for democracy and respect for human rights. It also aims to France to avoid the repetition of serious errors of appreciation that you yourself have complained in Kigali.
Unfortunately, despite this laudable effort of recognition of past mistakes, your decision to resume diplomatic with Rwanda seems to be another miscalculation, since it comes at a time when popular support to the RPF regime is the lowest, as evidenced by events in Kigali in recent weeks.

So let me conclude by asking you again to make every effort to ensure that France does not commit the serious mistake to put Mrs Habyarimana in the hands of the Rwandan justice system, but rather between those of the ICTR in Arusha where there is enough evidence to get there.
I would also ask you to reassure us that France wants to remain on the side of the values that made his reputation as a country of human rights and prevent the restoration of relations with Rwanda might result in loss of life.
One of the best approaches for achieving this is to assure that your government believes in the judicial action of French magistrates who identified the perpetrators of the attack on April 6, 1994 that plunged our country into the disaster to allow the ‘arrival in Rwanda just justice.
Another important contribution of France would probably bring General Paul Kagame to sit down with all his political opposition, as is constantly claimed by the majority of Rwandans to make all the arrangements for political management and economic future of our country. The Rwandan people would greatly appreciate it and the French people would be highly magnified.

Paul Rusesabagina

President,

Hotel Rwanda Rusesabagina Foundation

Copy:

- Mr Ban Ki-moon, Secretary General of UN
- Members of the Security Council of United Nations (all)
- Mr. Herman Van Rompuy, President of the European Union
- Mr. Jean Ping, Chairperson of the African Union

French version (original): Honte � la France de Sarkozy � Rusesabagina plaide pour Veuve Habyarimana

You cannot be serious calling for praise of Kagame.

Let’s see the RPF invaded Rwanda in 1990 with the backing of Uganda. After the Arusha accords when it was clear that the RPF could not acquire power through democratic means, they invaded Rwanda again in 1994 within hours of assassinating to African presidents (Juvenal Habyarimana of Rwanda and Cyprien Ntaryamina of Burundi).

Then the RPF invaded the Congo in 1996 with Uganda’s support again. They invaded the Congo again in 1998, which has lead to millions dead in the Congo and the looting of Congo by both Rwanda and Uganda as is well documented by several UN Studies and the International Court of Justice – see 2005 ruling against Uganda.

RPF then engaged in a pitch battle inside Congo in Kisangani in 1999/2000 against their ally Uganda for control of diamond concessions, which resulted in many Congolese dead.

RPF has made hundreds of millions from Congo’s resources and have supported proxy rebel groups inside Congo as was well documented by the 2008 Group of Experts UN Report, which led Sweden and Netherlands to withdraw aid from Rwanda in protest of its destabilization of the Congo.

This is the history you want to celebrate and honor Kagame? Its only a matter of time before justice catches up with him for his crimes against humanity and possibly genocide he committed in the Congo.
See the UN Report by Roberto Garreton: http://tinyurl.com/garreton-report

by congofriend?s – http://www.theglobeandmail.com/community/?userid=60527407&plckUserId=60527407

Kigali: A row is brewing in Southern Rwanda after local officials ordered the family of Rwanda’s first President, Dominique Mbonyumutwa, to exhume his remains, reports suggest.

Parmehutu hierarchy (L-R): M.V. Kayuku, Gregoire Kayibanda, Dominique Mbonyumutwa, B. Bicamumpaka. This was during the proclamation of the republic on January 28, 1961. The spot in the photo is the exact place where Mbonyumutwa was buried. (Photo: http://www.opjdr.org/photo_gallery.htm)

Outspoken lady mayor of Muhanga district Ms. Yvonne Mutakwasuku has reportedly given the family a period of 60 days to decide where they want him re-buried.

Mr. Mbonyumutwa died in 1986, and was buried in a small stadium dubbed the �referendum stadium� just next to the former provincial headquarters � which is now the mayoral office.

It is in the same place that the monarch was abolished and replaced by the republic.

Rumours of the plan to exhume the remains of Mr. Mbonyumutwa surfaced have been doing the rounds for sometime, but eventually appeared in the local press recently.

According to Muganga district mayor, the area in which the tomb is located is needed for �redevelopment�.

Mr. Mbonyumutwa served as the first provisional President of Rwanda, from January 28 to October 26 in 1961, immediately following the abolition of the monarchy by the Belgian colonial administration. At the time, exiled King Kigeri V was visiting other nations while conducting international relations.

Mr. Mbonyumutwa’s family told the BBC that the government order contravened an earlier court ruling, which instructed the government to take care of the tomb.

The issue of the late president was history up until this January when vocal opposition politician Ms. Victoire Ingabire visited the tomb from her exile. The ex-president was among the leaders of the extremist Parmehutu party accused to have executed the mass slaughter and expulsion of Tutsis in the 1950 and 60.

Mr. Mbonyumutwa was succeeded as president by another deceased Gr�goire Kayibanda. He was allegedly starved to death by Juvenal Habyarimana, who deposed him in a coup of 1973

ARI-RNA� -� rnanews.com.

Rwandan Criminals Wanted

The now fugitive Rwandan General Kayumba Nyamwasa dismissed the indictment issued by the French Judge Jean-Louis Bruguiere saying:
- The indictment document is “rubbish”.
- �How can it happen? It is not an international court. He (Brugiere) is not an international judge.�
- Bruguiere is an “obscure juge”.
- “Those times are gone when they can indict and deport sovereign nationals.”
This was reported by V. Sudarshan of Outlook India. The indicted criminal Nyamwasa was then Rwandan Ambassador to India.
Here is the full article from Outlook India:

When he turned on the radio last Thursday, some unlikely news greeted the Rwandan Ambassador to India, Lt. Gen. Kayumba Nyamwasa. A French court had indicted him for war crimes. The court, presided over by France�s top anti-terrorist judge, Jean-Louis Brugiere, named Amb. Nyamwasa as having a direct role in the assassination that killed Rwandan president Juvenal Habyarimana in April �94 and triggered the Rwandan genocide.

Judge Brugiere, nicknamed the �Sheriff� for his erstwhile penchant to carry a Magnum pistol, is famous for rounding up a number of terrorist suspects. He played a crucial role in bringing to book Carlos the Jackal and Libyan officials convicted of blowing up planes in the �80s. This time he wants Rwandan President Paul Kagame and his military aides, including (then) Col. Nyamwasa, brought before a UN court to be tried for war crimes and genocide. He is convinced that President Kagame instructed his Rwandan Patriotic Front (RPF) to destroy the plane in which President Habyarimana and the President of Burundi were travelling.

�The investigations undertaken have clearly shown that, for the RPF, the physical elimination of President Juvenal Habyarimana was the necessary precondition for seizing power by force, and was inscribed in a vast plan worked out to this end,� reads the indictment. �The final order�was given by Paul Kagame himself in a meeting held in Mulindi on March 31, 1994.�

�It is like a judge in Haryana indicting (President) Chirac to appear in court somewhere in Haryana for an alleged crime without proof,�

Amb. Nyamwasa told Outlook India, in response.

�How can it happen? It is not an international court. He (Brugiere) is not an international judge.�

Brugiere is trying the case because the family members of the French-national pilot and crew members approached the French court in 1998 to ask for an investigation to determine who was responsible for the attack.

According to a report by international agency Human Rights Watch (HRW), President Habyarimana died on April 6, 1994, when the plane bringing him home from Dar-es-Salaam was shot down. He had been attending a meeting of heads of state where he had consented to put in place a broad-based transitional government. The president of Burundi, Cyprien Ntaryamira, who also attended the meeting, decided to fly home in President Habyarimana�s plane rather than in his own. He too died in the attack as did General Deogratias Nsabimana, Chief of Staff of the Rwandan army, along with several others. The plane was shot twice as it was coming in for a landing by surface to air missiles fired from a location on top of a hill near the Kigali airport. The Rwandan army later stated it recovered two missile launchers. The registration numbers on the launchers identified them as SAM-16s, sophisticated weapons that require some training to use.

Judge Brugiere�s indictment, released last week, plunged already strained relations between Paris and Kigali into a diplomatic impasse. Rwanda has since shut down its diplomatic mission in Paris and ordered all French diplomats out of the country. When contacted, the French embassy in India declined to be drawn into the issue, merely stating that the judiciary in France was independent.

How the arrest warrants will be implemented remains to be seen. Rwanda�s Ministry of Justice has already called upon Interpol member states not to give weight to the warrants. At the time of writing, it wasn�t clear what views the mea had on the subject. When asked if he thought the Indian government would act on the warrant, Amb. Nyamwasa said,

�India is a democracy with a functioning government and an independent Parliament and judiciary. It won�t take orders from an obscure French judge. Colonialism is over. Those times are gone when they can indict and deport sovereign nationals. We are independent nations.�

In fact, claims Amb. Nyamwasa, �those named did not commit this crime at all. They weren�t part of the army guarding him (the late president). On the contrary, he (President Habyarimana) was being guarded by French troops. The judge should be indicting them instead.�
…
Amb. Nyamwasa is still reportedly reading through the document (in French)�which a friend sent him. He�s yet to read all of it, but prima facie he finds it rubbish. �This judge has even got my name wrong,� he says. �I�m identified as Faustin Nyamwasa-Kayumba. I�m not Faustin. Were the Interpol to come inquiring, I�d have to tell them I�m not Faustin.�

As for the actual charges, the ambassador claims,

�The day it happened, I was about 100 km away, in Mulindi, Byumba. This judge alleges that one time I attended a meeting when we planned to kill the president. The source of this information is about fifth-hand. He has not asked us to substantiate it. Not one of his witnesses is first-hand. How do you rely on this sort of information as a basis of indictment? There was no such meeting. There was no such plan anyway.�

Amb. Nyamwasa claims the French government is behind all this. �It�s what they wanted him (the judge) to do,� he says.

�Rwanda is an African republic where the French have repeatedly carried out coup d�etats year in and year out. If they had wanted it, they could have sent whatever evidence they had to Arusha (where a separate inquiry into the genocide is under way). France is causing problems in Cote d�Ivoire. Can Cote d�Ivoire now indict President Chirac?�

Ambassador Nyamwasa, who became a colonel in the Rwandan Patriotic Army in 1993, was Deputy Chief of Staff of the National Gendarmerie in 1994 and has been accredited with the Indian government since April of last year. Ironically, he has been to France�Normandy to be precise�for military exercises as part of a joint training team. This was back in 2001, even as the investigation was under way. But he�s not going back there in any hurry, at least not in the near future.

Source: http://www.outlookindia.com/article.aspx?233375