Saturday, June 5, 2010

Rwanda: Govt 'Won't Free U.S. Lawyer'

By Kezio-Musoke David
Daily Nation
June 4, 2010

Rwanda will not bow to pressure by the United States government to free an American lawyer arrested in Kigali on genocide denial charges.

Washington has been pushing for the release of Prof Peter Erlinder on humanitarian grounds.

Rwanda's Foreign minister Louise Mushikiwabo told reporters in Kigali on Friday that the Americans argued that Prof Erlinder was mentally disturbed and his health condition could deteriorate in custody.

However Ms Mushikiwabo said that despite the US request, saying the lawyer's mental state will have to be proved by medical experts in Rwanda.

"Rwanda is sensitive to medical conditions, but we are proposing a joint medical evaluation by our own doctors and the doctor of his (lawyer) choice. This team will advise the prosecution accordingly," she added.

US State Department spokesman P.J. Crowley told reporters on Thursday that the US was pressing for the release of Prof Erlinder, who was arrested on May 28, on arrival in Kigali to take up a case involving embattled opposition presidential candidate, Ms Victoire Ingabire.
 
Ms Ingabire stands accused of having ties to Hutu extremist rebels fighting from the Democratic Republic of Congo, a UN-listed terrorist group that advocates the resumption of the 1994 Rwandan genocide.
 
Prof Erlinder was arrested for claiming that Rwanda Patriotic Front rebels, then led by President Paul Kagame, shot down the plane carrying then President Juvenal Habyarimana, triggering the mass killings of minority Tutsis.
But Kigali says these remarks are in conflict with independent investigators who say the plane was shot down by people in Mr Habyarimana's inner circle.

Genocide denial is a criminal offence in Rwanda.

3 Comments:

At June 5, 2010 at 11:22 AM , Anonymous Umutesi said...

I would like to point out some misleading statements in this article:

-"Prof Erlinder, who was arrested on May 28, on arrival in Kigali"

Peter Erlinder arrived in Rwanda on Sunday May 23, 2010 and was arrested on Friday May 28, 2010 the day he was supposed to return home. This wrong date seems to hide something malicious. The error came from Louise Mushikiwabo statement on May 30, 2010. (http://www.businesswire.com/portal/site/home/permalink/?ndmViewId=news_vie w&newsId=20100530005027&newsLang=en)

-“Ms Ingabire stands accused of having ties to Hutu extremist rebels fighting from the Democratic Republic of Congo, an UN-listed terrorist group that advocates the resumption of the 1994 Rwandan genocide”.

FDLR are not UN-but US-listed terrorist group. FDLR does not advocate the resumption of the 1994 Rwandan genocide. So far there is not statement or publications from the FDLR leadership that prove otherwise. Mrs. Victoire Ingabire Umuhoza is also accused of genocide ideology and genocide denial just as her lawyer, Peter Erlinder.

-“Prof Erlinder was arrested for claiming that Rwanda Patriotic Front rebels, then led by President Paul Kagame, shot down the plane carrying then President Juvenal Habyarimana, triggering the mass killings of minority Tutsis.”

Peter Erlinder was arrested by Police over genocide negation (http://rnanews.com/politics/3463-american-lawyer-arrested-by-police-over-g enocide-negation)

-“But Kigali says these remarks are in conflict with independent investigators who say the plane was shot down by people in Mr Habyarimana's inner circle”.

The so-called “independent investigators” all of which are members of the ruling part RPF were all appointed by Kagame and failed to name the person (from Habyarimana inner circle) who gave the order to shot down the plane simply because there is no such person within the ex-FAR.

 
At June 5, 2010 at 11:23 AM , Anonymous Aimable said...

Umutesi, you are right on many points.

Also, one thing I would like to add is that the extremist government of Rwanda has been claiming that if this was Germany, they would do the same thing to. But today, the German Bar Association issued a press release asking for Erlinder to be freed immediately. So, it turns out the government of Rwanda was wrong on that one.

 
At June 5, 2010 at 11:25 AM , Anonymous Umutesi said...

I still wonder why the Government of Rwanda, allowed Prof. Peter Erlinder to enter the country on Sunday May 23, 2010 and stay until Friday May 28, 2010.

Peter Erlinder participated to several work sessions with Mrs. Ingabire until his arrest on Friday May 28, 2010 at his hotel when he was ready to go to the airport and return home. Is it because during all that time Erlinder was with his close friend Kurt Kerns?

Please not that Kurt Kerns took earlier flight on that day but while in Nairobi when he was informed that his friend was arrested he went right back to Rwanda.

If the Rwandan police knew very well that Peter Erlinder was a genocide denier why didn’t they make him ‘persona non grata’ in Rwanda?

It also is important to note that Rwanda’s genocide ideology law lacks international jurisdiction and can only apply to people who committed the offense on the Rwandan soil which of course does not apply top Erlinder’s case not to mention that according to the International law standards lawyers cannot get arrested and be accused of the same charges as the client they are supposed to represent. It is laughable!

 

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