Thursday, June 25, 2015

Statement from the families of the Spanish victims on the arrest of Karenzi Karake in London, UK.

We, the families of the Spanish nationals who died violently in Rwanda and the Democratic Republic of Congo between 1994 and 2000:

-   JOAQUIM VALLMAJÓ SALA (BYUMBA, NORTHERN RWANDA, +April 26, 1994)

-   SERVANDO MAYOR GARCÍA, JORGE JULIO RODRÍGUEZ, MIGUEL ANGEL ISLA AND FERNANDO LUCIO DE LA FUENTE DE LA FUENTE (BUGOBE / BUKAVU, EASTERN DRC, + October 31, 1996).

-   Mª FLORS SIRERA FORTUNY, MANUEL MADRAZO OSUNA, LUIS VALTUEÑA GALLEGO (RUHENGERI, NORTHERN RWANDA, +January 18, 1997).

-   ISIDRO UZCUDUN POUSO (MUGINA, GITARAMA, CENTRAL RWANDA, + June 10, 2000).

having learned of the arrest of General KARAKE KARENZI in London (UK), under an international arrest warrant and a European arrest warrant issued by the Spanish courts in accordance with international law and the principles of international law

DECLARE


I.- In the absence of a judicial enquiry by the International Criminal Tribunal for Rwanda or the national courts of Rwanda and the Democratic Republic of Congo into the circumstances surrounding the violent death of our relatives in Rwanda and the Democratic Republic of Congo, we found ourselves compelled to press criminal charges before the Spanish courts.

II.- After over three years of judicial investigation at national and international levels, the Central Court of Instruction No. 4 of the National  Court  issued  a  reasoned  indictment,  laying  out  detailed prima facie evidence on 40 senior military officers of the Rwandan Patriotic  Army  (RPA  /  RPF)  for criminal  acts  committed  between October   1,     1990 and           July    1,   2002,      both in   Rwanda       and   the Democratic                           Republic                    of                       Congo (http://www.veritasrwandaforum.org/dosier/ resol_auto_esp_06022008.pdf). These 40 senior military officers are under investigation for their alleged involvement in genocide, crimes against humanity, war crimes, crimes of terrorism or association to an armed group with terrorist intent.

III.- The arrest of General KARAKE KARENZI in London (UK) represents a major step forward towards the end of impunity for international  crimes  carried  out  during  that  period  in  those  two

African countries, which has caused -and continues to cause- so much suffering to individuals, families and communities of different nationalities and peoples.

IV.- We, the families of the Spanish victims, express once again our solidarity and sympathy to all the survivors of human rights abuses, and the families of victims of violent death in Rwanda and the Democratic Republic of the Congo at that time, regardless of their age, gender, ethnicity, nationality or any other status. In their memory, and after decades of having being ignored as victims, particularly the countless Rwandan and Congolese victims, each and everyone have the right to truth, justice, reparation and guarantees of non-recurrence.

REQUEST

First.- In accordance with universal human rights and applicable international law, we request that a trial affording all legal guarantees to both defendants and victims takes place.

Second.- To the Spanish authorities:

-    That, in compliance with international obligations and treaties to which Spain is party, legal validation is provided to the direct delivery and reception of General KARAKE KARENZI arrested under a European arrest warrant issued by the Spanish courts.
-   That once the arrested General KARAKE KARENZI is in Spain under the Spanish jurisdiction, and after any required procedures and possible complementary research, an oral trial is opened to prosecute the facts subject of research in this cause of justice.
-    That request again from the authorities of the Republic of South Africa, in accordance with the unanimous decision of the Government of       Spain                   dated       September         17,    2010 (http://www.veritasrwandaforum.org/dosier/sol_extrad/100917_cons ejo_ministros.pdf) the arrest and surrender of General KAYUMBA NYAMWASA, under international arrest warrant and demand for extradition of the Central Court of Instruction No. 4 of the Audiencia Nacional (Spanish courts of justice), recalling that both Spain and South Africa are states party to the European Convention on Extradition.

Third.- To the British authorities:

-   That, in compliance with the international obligations and treaties to which the United Kingdom is party, legal validation is provided to the

direct delivery of General KARAKE KARENZI arrested under a European arrest warrant issued by the Spanish courts.

-    That the situation of arrest remains, at the disposal of the courts until released to the Spanish judicial authorities.

Fourth.- To the international community:

-    That considering that the criminal acts that took place between October 1, 1990 and July 1, 2002 in Rwanda and the Democratic Republic of Congo are under investigation by the Spanish courts since most of them do not fall within the temporal jurisdiction of the International Criminal Tribunal for Rwanda based in Arusha, Tanzania (1994) nor that of the International Criminal Court based in The Hague, Netherlands (July 1, 2002 onwards), cooperation from the authorities of the states of the international community and members of the United Nations is sought in order to deliver the defendants for the purpose of conducting a trial with all legal guarantees under applicable international law.


It is truth, justice and reparation we ask in this day, June 24, 2015.


VALLMAJÓ SALA FAMILY, MAYOR GARCÍA FAMILY, RODRÍGUEZ JORGE FAMILY, ISLA LUCIO FAMILY, DE LA FUENTE DE LA FUENTE FAMILY, SIRERA FORTUNY FAMILY, MADRAZO OSUNA FAMILY, VALTUEÑA GALLEGO FAMILY, UZCUDUN POUSO FAMILY.

Source: DHR

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