9 June 2008
Kigali — Rwandans in Montreal, Canada demonstrate outside a venue where Rusesabagina and other revisionists of the Rwandan Genocide were to hold a conference.
A British Magistrate last week approved the extradition request from Rwanda against four Genocide suspects.
Among the many witnesses for the defence was Paul Rusesabagina. Below is an excerpt from the ruling which deals with Rusesabagina's testimony. The case was heard by Judge Anthony Evans, Designated District Judge, City of Westminster Magistrate's Court.
The second witness to be considered at this point is Paul Rusesabagina who was called on behalf of Dr. Bajiniya, the previous one having been called by Mr Munyaneza. His father was a Hutu and his mother a Tutsi. His wife is a Tutsi.
After attending a Seventh Day Adventist School he studied Theology and then moved into the hotel trade. He had been working in a hotel in Kigali but in April 1994 moved to the Hotel Mille Collines. Whilst there he saved 1268 refugees. None was killed, taken out or beaten. When asked in examination in chief how he had managed this, he replied that it was 'with the help of God' but he also used his acquaintances and friends.
He left Rwanda in September 1996 after being almost killed by the Directorate of Military Intelligence. However, he gave no explanation for this, nor how it was attempted. This is somewhat perplexing as on his own account he was regarded as a hero for his actions, particularly as some members of the present government are among those allegedly saved.
From 1994 onwards he was approached by film makers, on his evidence, to make a film about his experiences, but it was not until 2003 that work started on the film "Hotel Rwanda".
In 2002 he was to be invested by President Kagame with an award for bravery, but did not travel for "personal reasons" - although these were not explained.
In spite of his reason for leaving 1996, he returned in 2003 with the film makers and survivors were interviewed resulting in fifteen hours of tapes.
According to a statement filed by Mr. Terry George, the director of the film, among those interviewed were members of the Kagame government, although the witness has declined in his statement to name those people.
Mr. George does not mention his being accompanied by Mr. Rusesabagina.
In 2004 he went back to Rwanda with his wife, younger child and two young cousins to show them the country. Whilst there, he left as he did not consider it safe, but his wife and the children stayed on.
Upon the film's release it was screened specially in Kigali for the government by Mr George. According to the latter's statement, Mr. Rusesabagina pulled out of the trip at the last moment on the grounds of personal safety, but was again content for his wife to go.
About this time, it would appear that the Rwandan authorities began criticizing the witness, because he had been speaking out against the government. Subsequently, he has published his autobiography.
As far as his personal circumstances are concerned, he now lives in Belgium. He has a transport company in Zambia and has set up a Foundation, the Hotel Rwanda Rusesabagina Foundation, which is funded through money from his speeches and the seeking of donations.
He has been given medals and awards mainly in America, which like the setting up of the Foundation appear to coincide with or post date the release of the film. He describes himself as a humanitarian.
I do not accept that this witness may be regarded as an expert witness. He possesses no qualifications to this end and his only publication appears to be his autobiography. His evidence is that of an implacable opponent of the regime and cannot in any way be regarded as that of an expert.
It would also appear that he has never given evidence before as an expert. He gives examples in his statement of reasons for saying that the defendants would not receive a fair trial, but many go back to the 1990s, which as stated above when dealing with the earlier witness, are of historical interest only. Any trials conducted in gacaca courts are also not relevant.
According to this witness, any successful Hutu will be killed, imprisoned or be forced into exile but one historical example only is given. There are allegations of lack of judicial independence but the examples given are again of historic interest only. There are a number of wild and general allegations about Human Rights in Rwanda which are made without any supporting proof and he dismissed the judicial reforms as a "smokescreen".
He also deals with prison conditions. It is agreed by the expert witnesses that the prison conditions are deplorable, but none of them goes as far as this witness as saying that there are ten times as many prisoners accommodated as the numbers the prisons were built for; that prisoners are used as, effectively, slave labour in the Congo; and, strangest of all, that there are secret jails located in unidentified areas unknown to humanitarians, human rights activists and journalists. He produces no supporting evidence for any of these allegations.
In his conclusion, he stated that he had never known Dr. Bajinya. Because of the conditions in Rwanda as he had described them in his statement, Dr. Bajinya would face the possibility of death. The cross-examination of the witness began in an unusual way. He agreed that he had been sitting near the dock when the defendants entered but denied speaking to Dr. Bajinya. He admitted knowing one of the other defendants - Mr. Ugirashebuja - although he could only remember his Christian name.
He eventually admitted that he had spoken to Dr. Bajinya, saying in Kinyarwanda - "How are you? How are you doing?" His explanation was that he had spoken to Dr. Bajinya as he was the nearest defendant. He had been manager of the Mille Collines Hotel until November 1992.
He had then transferred to the Diplomat, but after the killing started, the manager of the Mille Collines telephoned him to say that he was leaving and so he moved there as the government was leaving Kigali for Gitarama.
He admitted that he knew most of the Habyarimana government who had been in power prior to 1994. He knew them through his job, not as personal friends in the sense that they would visit each others' homes. He was then asked about his knowledge of various witnesses called on behalf of Dr. Bajinya. He admitted that he and George Rutaganda had grown up together.
The latter became Vice President of the Interahamwe. He had seen him many times in the period April - June 1994. He was aware of his conviction by the ICTR and had refused to testify for him. He was not aware of the massacre of 11th April nor of the importation of half a million machetes in 1993/4.
As far as he was concerned Rutaganda was a good man who gave children safe conduct through roadblocks. He accepted that bourgmestres had effective control of the communes. Another name put to him was that of Bagosora. He stated that this man was not a friend but was staying at the Diplomat Hotel when it was under his management.
People came to close the Mille Collines Hotel and the witness called contacts by telephone to seek help including from Bagosora. By this time he had his telephone number in his personal "black book". He was then referred to the Amended indictment in the ICTR case number 00-56-01 dated 23rd August 2004. The first named defendant on the indictment was Augustin Bizimungu who was Chief of Staff of the Rwandan army.
On 17th June, the witness went to see Bizimungu to give him supplies to, in his own words, "buy favours". At that time the militia was getting into the hotel. Bizimungu returned there with the witness and told them to get out. As with Bagosora, who is mentioned in the indictment but is not joined in it, Bizimungu was a "good man". He was directed to various parts of the indictment, but his overall comment was that he learned not to trust allegations when they came from the Rwandan government.
This ignored the fact that this was an ICTR investigation and prosecution. The second named defendant was Augustin Ndindiliyimana who was Chief of Staff of the Gendarmerie Nationale. The witness did not regard him as a personal friend but would have a drink with him and had his telephone number in his "little black book". Again various matters were put to him from the indictment but again he denied hearing of them.
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