Citation
UNCLASSIFIED
PTQ9096
MM37
RELEASED IN FULL
CONFIDENTIAL PTQ9096
PAGE 01 STATE 059240 0900592
ORIGIN AF-01
INFO LOG-0O AID-01 AMAD-01 CIAE-00 SMEC-00 OASY-C00O DODE-00
EB-01 CIGO-01 H-01 TEDE-00 INR-0O0 Io-10 JUSE-00
L-01 ADS-00 M-00 NSAE-00 NSCE-00 oOIC-02 OIG-04
OMB- 01 PA~O1 PM-00 PRS-O1 P-01 SP-00 SR-00
SS-00 STR-01 TRSE-00 T-00 USIE-00 PMB-00 PRM-10
PRME-01 DRL-09 G-00 /O046R
DRAFTED BY: AF/C:KAISTON: KCA
APPROVED BY: AF/C:ARENDER
AF /C: RFENDRICK DRL: RPOWERS /CNIX/DBERNSTEIN
PRM/AAA:ANELSON AID/AFR:GSLOCUM AID/BHR/OFDA: RTOOLEY
P:LBASSETT G:AJOYCE I0:GSTETTENBAVER/GSTANTON
AF/RCS : TFRIEDMAN I0/ESA:MPOLLACK
TR RR RR AED733 0901312 /38
P R 1000352 MAR 95
FM SECSTATE WASHDC
TO AMEMBASSY KIGALI PRIORITY
USMISSION GENEVA PRIORITY
INFO RWANDA COLLECTIVE
CONFIDENTIAL STATE 059240
E.O. 12356: DECL: OADR
TAGS: PHUM, PREL, PREF, EAID, RW
SUBJECT: DEMARCHE ON ARRESTS AND PRISON CONDITIONS
REF: A) 95 GENEVA 01624
CONFIDENTIAL
CONFIDENTIAL
PAGE 02 STATE 059240 0900592
B) 95 USDAO KIGALI RW 0654 (IIR 6 825 0226 95)
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: JOHN L MILLS
DATE/CASE ID: 17 JUL 2007 200103014 UNCLASSIFIED
UNCLASSIFIED
C) 95 STATE 045527
D) 3/1/95 ICRC MEMO ON RWANDAN PRISON CONDITIONS
E) KIGALI 0641
1. CONFIDENTIAL - ENTIRE TEXT.
2. THIS IS AN ACTION MESSAGE. KIGALI SEE PARAS 6-7.
GENEVA SEE PARA 8.
3. THE CONTINUING ARRESTS BY THE RPA/GOR IN RWANDA AND
CONCOMITANT EXPLOSION IN THE PRISON POPULATION RISKS
BECOMING A HUMAN RIGHTS AND HUMANITARIAN DISASTER. IN
REF (D) MEMO, ICRC HEADQUARTERS REPORTS THAT, FOLLOWING
LAST YEAR'S CRISIS, IT REGISTERED 24,232 DETAINEES IN 118
PLACES OF DETENTION IN RWANDA. ACCORDING TO ICRC FIGURES,
AS OF MARCH 1, A TOTAL OF 21,713 DETAINEES WERE BEING HELD
IN THE 13 OFFICIAL PRISONS UNDER THE RESPONSIBILITY OF THE
MINISTRY OF JUSTICE. (UNAMIR REPORTS AN ADDITIONAL 18
"CLANDESTINE" PRISONS.) ICRC REPORTS THAT OVER 1,300 NEW
DETAINEES ARE BEING REGISTERED EVERY WEEK. REF (B)
REPORTS THAT RPA ARRESTS ARE APPARENTLY ON THE RISE,
LEADING TO INCREASED FRICTICN WITH UNAMIR AND SERVING TO
DETER REFUGEES AND DISPLACED PERSONS FROM RETURNING TO
THEIR HOMES.
4. AS REPORTED IN REF (A), MOST PRISONERS ARE ACCUSED OF
INVOLVEMENT IN THE POST-APRIL 1994 GENCCIDE. HOWEVER,
MANY PRISONERS ARE BEING HELD BASED ON UNSUBSTANTIATED
DENUNCIATIONS, AND MANY OF THOSE HELD ARE INNOCENT OF
CONFIDENTIAL
CONFIDENTIAL
PAGE 03 STATE 059240 0900592
GENOCIDE. WITH THE JUSTICE SYSTEM BARELY FUNCTIONING IN
RWANDA, DETAINEES HAVE NO REAL EXPECTATION OF GOING TO
TRIAL ANY TIME SOON. AS REPORTED IN REF (E), AN AD HOC
FOUR-MEMBER "NATIONAL TRIAGE COMMISSION" HAS BEEN SET UP
IN PART TO REVIEW CASES AND IDENTIFY AND RELEASE
INDIVIDUALS FOR WHOM INSUFFICIENT EVIDENCE HAS BEEN
GATHERED. HOWEVER, THE COMMISSION HAS MET ONLY TWICE;
THOSE MEETINGS RESULTED IN THE RELEASE OF JUST 12
PRISONERS.
UNCLASSIFIED
UNCLASSIFIED
5. REF (D) MEMORANDUM FROM ICRC HEADQUARTERS EXPRESSES
ITS DEEP CONCERN ABOUT THE LIKELIHOOD OF A SHARP RISE IN
THE MORTALITY RATE IN THE COMING WEEKS AND MONTHS AS A
RESULT OF SEVERE CVERCROWDING IN RWANDA'S PRISONS. THE
OCCUPANCY RATE IN THESE FACILITIES IS UP TO EIGHT TIMES
THEIR NORMAL CAPACITY WITH RESULTANT DEPLORABLE HYGIENE
CONDITIONS CONDUCIVE TO THE RAPID SPREAD OF LETHAL
DISEASES. ICRC REPORTS THAT BETWEEN SEPTEMBER 1994 AND
THE END OF JANUARY 1995, A TOTAL OF 1,025 DETAINEES DIED.
ICRC IS PROVIDING THE PRISONS WITH WATER AND EMERGENCY
FOOD RATIONS AND IS TRYING TO IMPROVE BASIC SANITATION.
HOWEVER, RELIEVING THE OVERCROWDING, THE PRIMARY CAUSE OF
DEATH, IS URGENTLY NEEDED. ICRC HAS APPEALED TO A NUMBER
OF GOVERNMENTS AND THE UN TO ASSIST THE RWANDAN GOVERNMENT
TECHNICALLY AND FINANCIALLY TO CREATE NEW DETENTION
CENTERS IN THE COUNTRY WHILE THE JUSTICE SYSTEM IS BEING
RE-CREATED .
6. FOR KIGALI: REF (C), WHICH RELATED TO MODIFICATION OF
THE UN ARMS EMBARGO, INSTRUCTED POST TO RAISE SEVERAL
AREAS OF CONCERN WITH THE GOR, INCLUDING THE PROBLEM OF
CONFIDENTIAL
CONFIDENTIAL
PAGE 04 STATE 059240 0900592
DETENTION OF PERSONS ACCUSED OF INVOLVEMENT IN GENOCIDE
AGAINST WHOM THERE WAS INADEQUATE EVIDENCE. AMB. RAWSON
SHOULD FOLLOW UP THAT DISCUSSION WITH A DEMARCHE TO
EXPRESS OUR SERIOUS CONCERN OVER THE CONTINUING PROBLEM OF
ARRESTS WITHOUT APPARENT PROBABLE CAUSE AND THE INHUMANE
PRISON CONDITIONS THAT HAVE BEEN PRODUCED BY THE EXPLOSION
IN THE PRISON POPULATION. AMBASSADOR SHOULD STRESS THAT
WE FULLY SUPPORT ACCOUNTABILITY FOR THE GENOCIDE AND WILL
CONTINUE TO WORK WITH THE GOR TO HELP RE-ESTABLISH AN
EFFECTIVE SYSTEM OF JUSTICE TO EXPEDITE RESOLUTION OF
THESE CASES; HOWEVER, THE GOR MUST ESTABLISH ADEQUATE
STANDARDS FOR DETENTIONS AND RESTRAIN ARRESTING PERSONNEL
FROM OVERZEALOUSNESS. AMBASSADOR SHOULD ALSO STRESS THE
NEED TO DECONGEST THE PRISONS THROUGH IDENTIFYING
ADDITIONAL DETENTION SITES.
7. AMBASSADOR MAY DRAW ON THE FOLLOWING TALKING POINTS:
UNCLASSIFIED
UNCLASSIFIED
-- WE FULLY SUPPORT ACCOUNTABILITY FOR LAST YEAR'S
GENOCIDE.
-- WE HAVE BEEN IN THE FOREFRONT OF THE EFFORT TO PRESS
AHEAD WITH THE INTERNATIONAL TRIBUNAL, AND PLAN TO PROVIDE
AT LEAST DOLS 1.4 MILLION IN ASSISTANCE PLUS PERSONNEL.
AS YOU KNOW, WE ARE ALSO PROVIDING SUBSTANTIAL ASSISTANCE
TO HELP RE-ESTABLISH AN EFFECTIVE SYSTEM OF JUSTICE WITHIN
RWANDA.
_-7- WHILE WE FULLY SUPPORT ACCOUNTABILITY FOR THE
GENOCIDE, WE ARE DEEPLY CONCERNED ABOUT SERIOUS
CONFIDENTIAL
CONFIDENTIAL
PAGE 05 STATE 059240 0900592
OVERCROWDING IN THE PRISONS, WHICH HAS LED TO INHUMANE
CONDITIONS AND A VERY HIGH DEATH RATE.
~~ WE ALSO REMAIN CONCERNED ABOUT CONTINUING REPORTS OF
ARRESTS AND DETENTIONS OF PERSONS AGAINST WHOM THERE IS
INADEQUATE EVIDENCE.
-- THE EXTREMELY SERIOUS OVERCROWDING OF THE PRISONS,
COMBINED WITH AN INCREASING RATE OF ARRESTS, RISKS
PRODUCING A HUMANITARIAN AND A HUMAN RIGHTS DISASTER. WE
MUST ALL DO WHAT WE CAN TO AVOID SUCH A RESULT.
-- WHILE MANY OF THE PRISONERS NOW DETAINED IN RWANDA
WERE UNDOUBTEDLY INVOLVED IN CRIMINAL ACTIVITY, THERE ARE
CREDIBLE REPORTS THAT AT LEAST SOME HAVE BEEN FALSELY
ACCUSED, PERHAPS FOR PERSONAL VENDETTAS OR AS A RESULT OF
PROPERTY OR OTHER DISPUTES.
-- WE WELCOME THE ESTABLISHMENT OF AN A NATIONAL TRIAGE
COMMISSION TO REVIEW THE THOUSANDS OF PENDING CASES.
HOWEVER, SO FAR, THE COMMISSION HAS NOT MET FREQUENTLY
ENOUGH TO ADDRESS THE MAGNITUDE OF THE CURRENT PROBLEM.
-- WE URGE THAT THIS COMMISSION MEET CONTINUOUSLY TO WORK
THROUGH AND MAKE DECISIONS ON PRISONERS CURRENTLY BEING
HELD. THE COMMISSION MUST TRY TO INCREASE THE NUMBER OF
CASES IT REVIEWS EACH WEEK; IF THE COMMISSION'S CURRENT
UNCLASSIFIED
UNCLASSIFIED
SIZE IS NOT ADEQUATE TO ACCELERATE THE REVIEW PROCESS, YOU
SHOULD CONSIDER ADDING ADDITIONAL PERSONAL.
CONFIDENTIAL
CONFIDENTIAL
PAGE 06 STATE 059240 0900592
-- OUR ASSISTANCE PROGRAM TO THE MINISTRY OF JUSTICE,
ALONG WITH THAT OF OTHER DONORS, SHOULD HELP YOU BOLSTER
YOUR CAPACITY TO ADDRESS THESE CRITICAL PROBLEMS.
-- AT THE SAME TIME, IT IS CRUCIAL THAT ADDITIONAL
DETENTION SITES BE LOCATED TO DECONGEST THE CURRENT
DETENTION FACILITIES. THE CURRENT OVERCROWDING HAS
PRODUCED LIFE-THREATENING CONDITIONS THAT VIOLATE THE MOST
BASIC STANDARDS OF HUMANE TREATMENT.
-- WE UNDERSTAND THAT THIS PROBLEM MAY REQUIRE ADDITIONAL
RESOURCES. WE ARE ARE WILLING TO DISCUSS WITH THE UN, THE
ICRC AND RWANDA'S OTHER FRIENDS HOW THE INTERNATIONAL
COMMUNITY MIGHT ASSIST.
-- WE URGE. YOU TO ESTABLISH AND APPLY ADEQUATE STANDARDS
FOR ARRESTS AND DETENTIONS, TO MINIMIZE THE LIKELIHOOD OF
INNOCENTS BEING DETAINED IN LIFE-THREATENING CONDITIONS
FOR MONTHS WITHOUT A HEARING.
-- YOU SHOULD ALSO INSTITUTE AND ENFORCE HEIGHTENED
REQUIREMENTS FOR CORROBORATING EVIDENCE, PENDING
DEVELOPMENT OF PERMANENT ARREST STANDARDS. GENERAL
DENUNCIATIONS ALONE, OR THE MERE FACT THAT ONE SURVIVED A
MASSACRE IN AN AREA WHERE OTHERS PERISHED, SHOULD NOT BE
ADEQUATE GROUNDS FOR DETENTION.
-- STANDARDS FOR ARREST SHOULD BE TRANSPARENT,
CONSISTENT, AND WELL-~UNDERSTCOD BY THE PUBLIC. THIS WILL
HELP FOSTER CONFIDENCE AMONG THE PUBLIC.
CONFIDENTIAL
UNCLASSIFIED
UNCLASSIFIED ©
CONFIDENTIAL
PAGE 07 STATE 059240 0900592
-- GIVEN THE LACK OF ADEQUATE DETENTION FACILITIES, YoU
SHOULD FOCUS YOUR ARREST EFFORTS ON CASES WHERE THE
EVIDENCE OF GUILT IS COMPELLING, WHERE ARREST IS NECESSARY
TO PRESERVE CURRENT PEACE AND ORDER WHERE ARREST IS
NECESSARY TO PROTECT A SUSPECT FROM LIKELY RETRIBUTION,
OR WHERE THE SUSPECT IS REASONABLY BELIEVED TO HAVE
PLANNED OR DIRECTED LAST YEAR'S GENOCIDE.
-- CASES INVOLVING OTHER SUSPECTS CAN BE DEVELOPED AND
INVESTIGATED FURTHER UNTIL EVIDENCE IS AMPLE, AT WHICH
POINT IF AN ARREST IS FOUND TO BE WARRANTED, ADEQUATE
DETENTION FACILITIES WOULD HAVE TO BE FOUND.
-- GIVEN THE GRAVITY OF THE PROBLEM, YOU MAY ALSO WISH To
CONSIDER TEMPORARY MEASURES TO ALLEVIATE THE IMMEDIATE
PROBLEM.
~- AS A HUMANITARIAN GESTURE, YOU MIGHT CONSIDER RELEASE
OF INDIVIDUALS BELOW OR ABOVE A CERTAIN AGE SO THAT THE
VERY YOUNG AND THE ELDERLY -- THE MOST VULNERABLE
POPULATIONS -- CAN BE CARED FOR BY THEIR FAMILIES AT
HOME. IN ANY CASE, CHILDREN WHO ARE TOO YOUNG TO HAVE A
CRIMINAL INTENT SHOULD NOT BE DETAINED.
-- CONSIDERATION SHOULD ALSO BE GIVEN TO WHETHER
INDIVIDUALS COMMITTED CRIMES UNDER DURESS SUCH AS A
CREDIBLE THREAT OF THE LOSS OF THEIR OWN LIVES.
-- STEPS OF THIS NATURE WOULD BE A TESTAMENT TO THE
GOODWILL AND HUMANITARIAN MOTIVE OF THE GOVERNMENT, AND
CONFIDENTIAL
CONFIDENTIAL
PAGE 08 STATE 059240 0900592
WOULD IN NO WAY DISHONOR THE VICTIMS OF THE GENOCIDE. No
ONE DOUBTS THE INTENTIONS OF YOUR GOVERNMENT TO SEE THAT
JUSTICE IS DONE.
(NOTE: DEPARTMENT HAS DISCUSSED DEMARCHE WITH AMB. RAWSON
UNCLASSIFIED
UNCLASSIFIED
WHILE HERE ON CONSULTATIONS AND HE IS AWARE HE WILL BE
MAKING DEMARCHE UPON HIS RETURN.)
8. FOR GENEVA: PLEASE INFORM ICRC THAT WE ARE MAKING THE
ABOVE DEMARCHE.
TALBOTT
CONFIDENTIAL
UNCLASSIFIED
