The Untold Stories: Rwanda AG Misled President over Spanish Indictments
The Rwanda Attorney General who doubles as the Minister of Justice Mr. Johnston Busingye has not only misled the Rwandan Head of State but also the Rwandan People over the Spanish Indictments.
Johnson Busingye
After the arrest of the Rwanda’s intelligence Chief Gen. Karenzi Karake, who is wanted in Spain for war crimes in London, the Rwandan Head of Legal Advisor Mr. Busingye did not tell the President the whole truth and the seriousness of these European arrests wants.
Gen Karake, 54, was arrested at Heathrow Airport, on his way back to Rwanda after an official duty in UK. Along with 39 RPF Senior Military officers, He is accused of ordering massacres while head of military intelligence in the wake of the 1994 Rwanda Genocide. Outrageously, without enough knowledge and experience in the international legal system, the Rwanda’s foreign minister Louise Mushikiwabo, called the arrest “an outrage”.
Indeed, Gen Karake is also accused of ordering the killing of three Spanish nationals working for Medicos del Mundo. As I have mentioned above, in 2008, a Spanish judge indicted him for alleged war crimes along with 39 other current or former high-ranking Rwandan military officials.
He was arrested by Metropolitan police officers under the European Arrest Warrant.
Because the Rwanda Attorney General mislead the Rwandan Head of State and the Rwandan people, the Rwandan government said that it was puzzled by the timing of Gen Karake’s arrest, as he had travelled to the UK several times since the indictment was issued.
Williams Nkurunziza, Rwanda’s High Commissioner to the UK, called the arrest “an insult”. In fact, if the General has been here for several times without arrest, it exposes either the conspiracy of UK with the Rwandan government to cover-up or the incompetence of the UK Enforcement Agency.
The same sentiments were echoed by the Rwandan Head of State in the Rwandan Parliament, according to President Kagame , the UK Government has an obligation to cover-up their crimes, this shows how the Attorney General misled his boss over the seriousness of these indictments and what an obligation in law means?
Williams Nkurunziza, Rwanda’s High Commissioner to the UK, called the arrest “an insult”.
“We take strong exception to the suggestion that he’s being arrested on war crimes,”
“Any suggestion that any of our 40 leaders are guilty of crimes against humanity is an insult to our collective conscience.” However, this is a vindication of the total failure to grasp the weight of the European Arrest Warrant and the future legal battle awaiting the RPF establishment because of the crimes against humanity they committed and are still committing in Rwanda, Congo and now Burundi.
I would like to warn the Rwandan Authorities that the Westminster Judge who was acting on the advice of the Crown Prosecution erred in law when he said that Gen. Karenzi cannot be extradited because of the dual criminality principle, this was a mistake because the EU states can no longer refuse to extradite one of their citizens or a foreign national who is on their soil on grounds of nationality or dual criminality.
Accordingly, should General Karenzi Karake or his colleagues mentioned in the Spanish Indictments travel on any EU Soil they will arrested. This is what the Attorney General of Rwanda does not tell the President and the Rwandan People. I would like to give an advice on the only circumstances when an EU State can reject Extradition Arrest Warrant.
There is the double jeopardy principle – a suspect will not be returned to the country that issued the EAW if he or she has already been tried for the same offence abroad. A refusal can be justified if an EU state’s amnesty covers the offence in question. A refusal can also be justified under a statute of limitations – that is, if a time limit has passed for prosecution. And a state can reject an EAW if under its laws the suspect is a minor, below the age of criminal responsibility.
An EAW can also be rejected if legal authorities consider that extradition would violate the suspect’s rights under the European Convention on Human Rights. None of the grounds mentioned above where the guarantee for Gen Karenzi Karake’s release. Accordingly, the Rwandan People and President Kagame should know that, the precedent does not guarantee future safety in any EU Sate for all the indicted officers. Again the Rwandan Head of State is misled by some Legal Officials like Evode Uwizeyimana and Dr .Bizimana Jean Damascene that the Spanish law of 2008 written off their indictments or Rwandan Senior Officials travelling abroad have immunity. Please Mr. President if you cannot get the truth from your Attorney General, your officials are as venerable as yourself.
Jacqueline Umurungi
Brussels.