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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