What next after Rwandan general’s arrest in the UK?

Gen Karenzi Karake at Nasho Military Training School in Kirehe District, in Rwanda’s Eastern Province in 2010. AFP photo

What you need to know:

Next step. Observers now say his arrest could determine whether the charges by the Spanish judge hold any water or should be quashed.

The arrest of the head of Rwanda’s National Intelligence and Security Services (NISS) in the UK has rekindled interest in the hitherto redundant indictments by a Spanish judge against 40 senior members of the Kigali military.
Lt Gen Emmanuel Karenzi Karake was arrested last Saturday at Heathrow, London as he prepared to leave the UK from an official mission.
The UK government said there were “valid” European arrest warrants issued against him by Spain.
Lt Gen Karake is expected to be arraigned in court Thursday after an arrest that has sparked outrage in Rwanda with the Foreign minister, Ms Louise Mushikiwabo, describing it as an attempt by Western countries to “demean” Africans.
“Western solidarity in demeaning Africans is unacceptable! It is an outrage to arrest a Rwandan official based on pro-genocidaires lunacy,” Ms Mushikiwabo said, adding that the NGOs behind the indictments have been implicated by the UN for supporting the Democratic Forces for the Liberation of Rwanda (FDLR).

Rwanda’s take
Rwanda has over the years dismissed the indictments, issued in 2008 by Judge Fernando Andreu Merelles, as “politically motivated”.
It appears the once redundant indictments have now come back to haunt Kigali.
Justice Merelles indicted the 40 officials for genocide, crimes against humanity and terrorism, which resulted in the deaths of thousands of civilians, including eight Spaniards. The Rwandan government vehemently denies the accusations.
Rwanda’s Justice Minister and Attorney-General Johnston Busingye has, on several occasions, dismissed the Spanish indictments as “not credible”, while President Paul Kagame also said they were “hinged on no genuine legal premise and are not meant to serve any justice or cause”.
However, observers now say the arrest of Lt Gen Karake could determine whether the charges by the Spanish judge hold any water or should be quashed as was the case with those issued by French Judge Jean Louise Bruguière.
Rwandan genocide scholar Phil Clark says the arrest of Lt Gen Karake could further strain the relations between Rwanda and the UK, but recently rattled by a BBC documentary which angered Kigali.
“This [the arrest] will strain Rwanda-UK relations at a time when these are already difficult because of the spat over the BBC documentary, Rwanda’s Untold Story,” Dr Clark said, adding that “the UK government has been lobbying Rwanda to reinstate the BBC Kinyarwanda service that was banned in the wake of the documentary.”
The UK-based Australian scholar also questioned the timing of the arrest, terming it as “highly unusual”, given that Lt Gen Karake regularly travelled to Britain.
Dr Clark said the arrest may have been prompted by new evidence in Spain or in the UK that may have come to light.
He, however, noted that whatever will happen next will determine whether the Spanish indictments remain relevant or not.
“If Karake is extradited to Spain, which is a strong possibility, this will mean a detailed legal examination of the evidence against him in the Spanish courts,” he said
Several legal observers, including the US through leaked documents, have previously criticised aspects of the Spanish arrest warrants for their lack of strong evidence against Rwandan officials.

Evidence
Dr Clark noted that there were serious doubts over the quality of the Spanish evidence, which may present Rwanda with the opportunity to challenge them.
“It may be in Rwanda’s interests for Karake to directly challenge the Spanish charges in court, as Rose Kabuye did in a similar case in France in 2008, and highlight the weaknesses of the Spanish case,” he said further.
Lobby group Human Rights Watch (HRW) says due processes must be followed and the Spanish authorities should ensure that Lt Gen Karake receives a fair trial.
The rights watchdog Africa Director, Mr Daniel Bekele, however, says that despite progress in trying people responsible for genocide crimes, thousands continue to wait for senior RPF commanders to be brought to justice.
“There has been significant progress in ensuring justice for the victims of the genocide in Rwanda. But thousands of victims and their relatives are still waiting for justice for crimes committed by members of the Rwandan Patriotic Front since 1994,” said Mr Bekele.

The crimes

Human Rights Watch (HRW), which has had a rough relationship with Kigali over the past 21 years, contends that in the years following the 1994 genocide, members of the RPF army killed thousands of civilians in Rwanda and DR Congo.
HRW further says it reviewed the 2008 Spanish indictment, which it believes has some merit, and calls for the investigations into the crimes cited to be pursued.
Among the 40 accused by the Spanish judge are the Defence Minister, Gen James Kabarebe, exiled dissident Gen Kayumba Nyamwasa, Lt Gen Fred Ibingira, the head of the reserve force and Maj Gen Jack Nziza, the Inspector General of Rwanda Defence Forces (RDF).
Others include the Inspector General of Police, Mr Emmanuel Gasana and his deputy, Mr Dan Munyuza, Gen Charles Kayonga, who is currently Rwanda’s Ambassador to China and Lt Gen Caesar Kayizari, Rwanda’s Ambassador to Turkey.
Also on the list is Brig Gen Joseph Nzabamwita, the Defence and Military Spokesman Brig Gen Eric Murokole, Maj Gen Alex Kagame, Gen Sam Kaka Kanyemera, Col Charles Musitu, Brig Gen Charles Kalamba and Col Twahirwa Dodo.
Senior officers who have since retired and joined the private sector, fallen out with the system or those who have since died such as Brig Gen Dan Gapfizi in June 2013 in a car accident, are also on the list.