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The Gersony "Report": It's Findings and more

Written By Guru Cool on Monday, December 3, 2007 | 1:31 AM

In 1994, as the UNHCR and the U.S. Embassy in Kigali encouraged Rwandan Hutu refugees to come back to Rwanda, reports of wide-scale massacres emanated out of the countryside. The UNHCR appointed a team (led by Robert Gersony) to investigate the conditions in Rwanda for refugee return. This team was unique because it was the only team that was allowed to travel freely though the country without RPA escorts. They visited 41 communes and 9 refugee camps to collect evidence. In his findings, Mr. Gersony states he believes that the RPA may have committed genocide against Hutu in Kibungo, Butare, and parts of Kigali and between early April to mid-September 1994, the RPF killed between 25,000-45,000 Rwandans, both Hutu and Tutsi. At times, Hutu prisoners were used as slave labor to dig the mass graves and dump the bodies in.
The report was so damaging to the UNHCR, RPF and UNAMIR that UN officials covered it up in October 1994, despite the fact UNHCR officials on the ground (on the order of UNHCR head Ms. Sagato Ogata) stopped encouraging Rwandan Hutu refugees to return to Rwanda because of the killings, as reported in the New York Times at the end of September. Mr. Gersony was instructed never to talk about it publicly. The public would even be told in later years that the report never existed. In her book "The Turbulent Decade," Ms. Ogata describes Gersony "formalizing his report for presentation to the commision of experts" on October 11, 1994. In his recent book on the Congo, Mr. Gerard Prunier said Kofi Annan told then VP Kagame, the late Seth Sendashonga (then Interior Minister), PM Faustin Twagiramungu, and President Pasteur Bizimungu the UN would withhold the report to allow the RPF government time to consolidate after providing them with a copy of the report. The report made its way to the UN Commission of Experts on Human Rights via then UN Secretary General Boutros-Boutros Ghali. Mr. Gersony briefed the commission in Geneva. However, they inexplicably basically dismissed the report (pg. 15). Mr. Gersony later allegedly told Mr. Prunier during a meeting with him that he had never written a "fully developed version" of his findings because he knew they would not be published. Instead, he had only "field notes" in "documentary form." (pg. 466) When Alison des Forges made several requests to the UN for the report, she was told the report didn't exist.
The report was also potentially damaging to the United States, a strong supporter of the new Rwandan government. As described by Mr. Prunier in his book, then Undersecretary of State for Global Affairs Timothy Wirth was given orders by the State Department to discredit the report. Mr. Wirth travelled to Kigali and several places in New York, spreading disinformation by attacking Gersony's methodology and claiming it was a "Hutu conspiracy." He also delivered carefully crafted propagandic press statements. (pg. 31)

Though an official written report doesn't exist, a cable from Mr. Shaharyar Kahn to UN HQ in New York gives the findings and is available below. Mr. Gersony and his team subjectively concluded from the investigation that the RPA committed genocide against the Hutu. The cable also shows Kofi Annan (then Under Secretary General for Peacekeeping) and Mrs. Sagato Ogata, High Commissioner of the UNHCR, expressing concern if the report were to be released publicly. According to Mr. Kahn, he and Mr. Annan later concluded that RPA massacres did occur, but they were not genocide.

"By not publishing the Gersony report and other information about RPF´s massacres, a blank cheque was issued to continue the murders," said academic Rwandan expert Dr. Filip Reyntjens of the University of Antwerp to Denmark newspaper "Information" writer Gunnar Willum. Dr. Reyntjens went on to say in the article of 28 June 1999, "Publication of the report would have prevented the RPF to commit the massacre of over 200,000 Hutu refugees in Zaire," says Reyntjens. "The RPF has used the genocide to legitimate massacres on this civilian population. The same way that Israel has used the holocaust to legitimate attacks on the Palestinians," says Reyntjens.

According to the same article, then UN Secretary General Kofi Annan summoned the Rwandese UN Ambassador in 1999 in order to ask the Rwandese Government to soften its criticism of Annan in connection with an internal UN enquiry of the UN Secretariat's role in the genocide in 1994. The enquiry was carried out, as a result of the newspaper Information´s disclosures in autumn 1996 that UN top officials received many warnings that genocide was under way, which were all ignored.

The second cable is from Refugees International, who had a station across the Tanzanian-Rwandan border. It describes in detail some of the RPA massacres and served as input for the Gersony Report.

Cable 1: (Gersony Cable)
Cable 2: (Refugees International)
Thanks to Canadian Barrister and ICTR defense counsel Mr. Chris Black for providing these pdf documents. References to Mr. Prunier's book do not necessarily constitute an endorsement of his book.
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Rwanda: Genocide suspects must not be transferred until fair trial conditions met

Written By Guru Cool on Friday, November 2, 2007 | 1:01 AM

Amnesty International
November 2007

Amnesty International today urged governments worldwide not to transfer people suspected of crimes during the 1994 genocide to Rwanda for trial.

The organization released a memorandum outlining the criteria national governments and the International Criminal Tribunal for Rwanda (ICTR) should apply when considering transferring people to Rwanda for trial.

Despite improvements in the Rwandan justice system in recent years, serious concerns remain about its ability to investigate and prosecute crimes related to the 1994 genocide fairly and impartially, in accordance with international standards of justice.

"The various national governments where suspects reside should immediately start proceedings in their own courts applying universal jurisdiction laws to investigate and, where there is sufficient admissible evidence, prosecute the horrific crimes committed during the genocide -- on behalf of both the Rwandan people and the international community," said Erwin van der Borght, Director of Amnesty International's Africa Programme. "Where universal jurisdiction laws allowing for prosecutions do not exist, they should be enacted immediately."

Amnesty International also urged the ICTR not to transfer any of its cases to Rwanda until the Rwandan government can demonstrate that it can and will conduct trials fairly and impartially -- and that all victims and witnesses will be protected.

In recent months, the Rwandan government has issued formal and informal requests to several governments -- including the UK, the Netherlands, Canada, France and Finland -- for the extradition of several individuals accused of genocide, war crimes and crimes against humanity in Rwanda during the 1994 genocide. In June 2007, the Prosecutor of the ICTR filed a request to transfer its first case to the Rwandan courts.

"We recognize the importance of Rwandan national courts taking responsibility for investigating and prosecuting persons accused of the heinous crimes that were committed in Rwanda during the genocide," said Erwin van der Borght. "However, there is still a lot of work to be done to ensure that the rights of both the accused and the victims will be fully respected and protected by these courts."

In its memorandum, Amnesty International urged the ICTR and government not to transfer cases to Rwanda until it has been demonstrated that:

- the national justice system operates impartiality by investigating and prosecuting crimes by persons from all sides;

- all national trials are conducted in accordance with international fair trial standards;

- all trials of those transferred to Rwanda will be observed by independent experts with complete access to all parties and files;

- persons transferred for trial to Rwanda will not be at risk of torture or other cruel, inhuman or degrading treatment or punishment;

- all victims and witnesses will receive effective support and protection from threats, intimidation and attack.

"We fully support the development of the national justice system in Rwanda -- but until we are satisfied that all the criteria necessary for fair and impartial trials are met, we urge the ICTR and national governments to refuse to transfer any cases to Rwanda," said van der Borght.

"The ICTR should inform the UN Security Council that they need more time and resources to complete their caseload, instead of seeking to transfer cases to a system where there is a risk of torture and unfair trial."

Consistent reports that fair trials guarantees are not being applied in the gacaca process, a community-based system of tribunals established in Rwanda to try people suspected of crimes during the 1994 genocide, undermines the whole legal system and raises concerns about the importance that will be attached to these rights by other sectors of the justice system.

To see a copy of the memorandum Rwanda: Courts must comply with international standards for justice with detailed recommendations, please go to: http://web.amnesty.org/library/index/engafr470132007

For more information please call Amnesty International's press office in London, UK, on +44 20 7413 5566 Amnesty International, 1 Easton St., London WC1X 0DW. web: http://www.amnesty.org
1:01 AM | 0 comments

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