Rwanda Must Release Peter Erlinder

By Robert Amsterdam
Perspectives on Global Politics and Business
June 10, 2010

I've been closely following the horrific persecution of lawyer Peter Erlinder, an American political prisoner of the Rwandan government who was detained under false charges on May 28th, just one week after his client, the opposition leader Victoire Ingabire herself was jailed. Despite a formal request from the U.S. State Department that Rwanda immediately release Erlinder, things have only gotten worse, as the judge has rejected all motions for bail, extended his remand for another 30 days, while Erlinder's own defense attorney has been chased from the country fearing his own detention.

Paul Rusesabagina, another Rwandan opposition figure in exile with whom I have worked closely with in the past (he's also the inspiration for the film Hotel Rwanda), has come out in support of Erlinder's immediate release. This week he is being interviewed as part of CNN's African Voices, where he is quoted on the case: "Professor Peter Erlinder was doing his job as a lawyer. In a civil society that is not grounds for arrest. If President Kagame considers Rwanda a democracy, he must release Professor Erlinder immediately." Rusesabagina added, "Rwanda is a dormant volcano that might erupt anytime. The ruling government has created a tiny group of elites that has taken over everything."

I have had a series of discussions with friends and colleagues Peter Erlinder who are deeply fearful of his ability to survive in his present conditions without proper care and medication. It is clear from his treatment and the spurious nature of the charges (genocide ideology) that this is a focused campaign of persecution undertaken by the government of Paul Kagame against its opponents and anyone brave enough to defend their basic rights. Although local congressional representatives from Minnesota are taking action to bring forward a resolution, the silence so far from President Barack Obama, a former law professor himself, is deafening.

(Click here to view Erlinder's "Rwanda Documents Project")

This attack against Erlinder has provoked a widespread sense of fear and vulnerability on behalf of lawyers who participate in the International Criminal Tribunal of Rwanda (ICTR), established by the United Nations in 1994. Members of the International Criminal Bar, of which Erlinder is a member, have issued a strong condemnation of Rwanda's conduct, demanding the immediate release of the prisoner. "How can international criminal courts operate effectively if defence lawyers are at risk of being arrested for what they say on behalf of their clients?," said Amanda Pinto of the ICB. "This affects all defence lawyers at the ICTR, but the issues are potentially the same for defence counsel anywhere in the international forum."

Defense lawyers to the ICTR have suffered a number of attacks in one form or another over the years, and the jailing of Erlinder sheds light onto the extraordinary risks these people take. If the UN is going to establish tribunals such as the ICTR, it is incumbent upon them to provide protection to the legal counsel brave enough to participate in these international systems, and not allow the kind of intimidation, harassment, and attacks from governments such as Kagame's totalitarian Rwanda.

I urge all colleagues involved in the international legal community to closely follow this case, and urge discussion of possible advocacy efforts among your communities.