Allegation 1. RDF unit trained in Kanombe Barracks to go and fight for M23
Rebuttal: It is common (and verifiable) knowledge that Kanombe Barracks is a garrison-type barracks that comprises living quarters; a referral military hospital also open to civilian patients; a cemetery; and five service support units' headquarters and related facilities. This Barracks therefore cannot host the training of recruits or any other force preparation activity.
Evidence: During their visit to Kigali, the GoE toured Kanombe Barracks and were able to see that the allegation is farfetched
Allegation 2. Rwanda provided arms and ammunition to M23
Rebuttal: The GoE seriously suggests that it was able to establish, in about a week's time, that Col. Makenga coul regarding all types of boats held by Rwanda Marines can be found on Annex Con this submissid not obtain 75mm canons and their ammunition from FARDC and concludes that these were instead provided by RDF. As a matter of fact, RDF does not hold 75mm canons in ordinance stores and has never purchased such canons or their ammunition. Remnants of these weapons and ammunition from the 1990 - 94 war of liberation were disposed of in 2008, which is well documented by the RDF ordinance regiment. The GoR has credible information that FARDC, unlike RDF, maintains 75 mm canons and anti-tank rifle grenades on their arms/ammunition inventory, through RDF participation in several joint-operations with FARDC including the recent operations codenamed AMANI-LEO and UMOJA-WETU.
Evidence: Relevant documented evidence can be availed for in-situ review.
Allegation 3. Proof that Key facilitator of M23 was seen in Gisenyi
Rebuttal: Brig Gen. Ruvusha denies all allegations and states that he was on leave and out of Gisenyi from 3 - 14 May 12 and provides an incontrovertible evidence of his whereabouts during the period.
Allegation 4. M23 troops cross by boat with equipments from Bukavu to Gisenyi
Rebuttal: I. This is technically impossible because RDF use motorised zodiac boats to carry 60 personnel and tones of equipment back and forth at night without detection by FARDC border patrols.
II. It is impossible to drive RDF 15 tonner trucks along the route reported by GoE because the alleged route is under major construction and there is no way it could support night movement involving heavy trucks. In addition, it is inconceivable how offloading of troops in RDF uniforms on RDF trucks on the Rwandan side of the border with DRC at a time of tension is out of order, extra-ordinary and linked to Col. Makenga.
Allegation 5. Congolese businessmen visited Rwanda to discuss M23 financing
Rebuttal: Investigation by the Rwanda migration department indicates that the two businessmen mentioned in the addendum did not travel to Rwanda during the period mentioned in the addendum. Only Mr.Dieudonne Komayombi travelled through Rwanda to Nairobi between 24 and 28 of June 2012.
Allegation 6. General Jacques Nziza, the Permanent Secretary of the Ministry of Defence, is alleged to be providing military, financial and logistic support to M23. It is also argued that he was recently deployed to Ruhengeri and Gisenyi to coordinate assistance and recruitment.
Rebuttal: Gen Nziza actively dismisses these allegations, since as PS of Ministry of Defense he is in charge of daily accounting at the Ministry and as such; deploying him to support M23 would amount to grounding most of the core activities of the Ministry. Additionally, Gen. Nziza provides solid evidence that support the fact that he has not been in Gisenyi or Ruhengeri of recent.
Allegation 7. Gens. James Kabarebe and Charles Kayonga alleged to be supporting M23 through coordinating Col.Makenga's operations.
Rebuttal: Gens. Kabarebe and Kayonga have played an active role in promoting peace in the region, and as such, the fact that they can be in contact with senior officials of FARDC and/or M23 should not come as a surprise. The false allegations made in paragraph 33 of the addendum as evidence of their involvement in supervising Col.Makenga's operations are misleading.
Allegation 8. Lt Col Jomba was recently deployed from Gako Military Academy where he has been an Instructor, to Ruhengeri since the creation of M23. He was allegedly put in charge of commanding locally military operations in support of M23.
Rebuttal: Lt Col Gakumba states that he was never deployed to Ruhengeri and remains an instructor at Gako Military in Bugesera. He provides incontrovertible evidence to support his statement; these include daily and weekly training activities in which Lt. Col. Gakumba was involved, as well as details of all visits by foreign delegations handled by the officer while at Gako.
Allegation 9. The GoE refers to the signal interception by FARDC of radio communications between RDF and M23
Rebuttal: The so-called signal interception a FARDC indicated the reception of RDF troop reinforcements by M23, and request for additional reinforcements. The evidence provided is one of the most unsophisticated pieces of fabrication in the entire report.. On the basis of "image 10" on p.16 of the addendum (i) the mode of communication indicated is a single frequency per channel also referred to as a 'direct mode operation'; (ii) encryption seems to be based on a manual cipher system also known as SLIDEX; (iii) the frequency is VHF (high) and the frequency range (159,500.00 KHz – 160,900.00 KHz – 161,000.00 KHz) indicates some eqipment of commercial standard. Hence, it is technically incompatible with the RDF VHF communication system which uses PRC family military standard with low VHF rage operating from 30 – 80/108 MHz which means that a two-way communication would be impossible; (iv) Furthermore, RDF uses digital encryption imbedded in its communication assets which confirms that a two way communication is not possible in this case.
Evidence: Additional details confirming that the intercepted radio communication cannot refer to a communication between an RDF communicator and that of M23 are available on Annex I on this submission
Allegation 10. Bosco Ntaganda-owns property in Rwanda
Rebuttal: Investigations on the claim of a house belonging to Ntaganda indicate that the house presented as image 15 in the addendum is actually owned owned by Mr. Innocent Ndagano alias "Cent Kilos". Further allegations that Hotel Bushokoro located at Kinigi is co-partially owned by Gen. Bosco Ntaganda is proved wrong because the property is actually owned at 50% each by Mr. Enock Munyajabo and his wife Mrs. Nyiramana Kesie. it is therefore categorically false to claim that the properties belong to Bosco Ntaganda.