US embassy cable - 04KINSHASA1782

C O N F I D E N T I A L KINSHASA 001782 
 
SIPDIS 
 
E.O. 12958: DECL: 09/22/2014 
TAGS: PGOV, CG, RW, ICTR 
SUBJECT: CRY OF ALARM--MISSING ICTR INVESTIGATIONS 
 
 
Classified By: Polcouns Melissa Sanderson for Reasons 1.5 B and D 
 
1. (SBU) Summary: Embassy Kinshasa previously has expressed 
its concern that ICTR's management is sometimes 
counterproductive and reduces its efficiency.  Recently, 
personnel changes have reinforced our concerns.  The Security 
Council anticipates ending investigations by the end of 2004, 
but we fear that effectively the mandate already has been 
relinquished. End Summary. 
 
BACKGROUND 
---------- 
 
2. (SBU) As recently as June 29, the Chief Prosecutor of the 
ICTR reported to the UN Security Council that "most of the 
indicted Rwanda genocidaires still at large are most probably 
in the Democratic Republic of the Congo and that all the 
efforts being made to apprehend them and transfer them to the 
Tribunal have not borne much success."  In our view, part of 
the blame for this failure rests with the ICTR, which has 
failed to provide resources or obfuscated efforts to address 
the problem. 
 
3. (SBU) In November 2003 Ambassador Pierre Prosper and 
Kinshasa Rewards for Justice Coordinator traveled to Arusha 
for discussions with the Tribunal and Kigali with Chief of 
Investigations, Richard Renaud.  At that time Prosecutor 
Jallow and Mr. Renaud were urged to travel to Kinshasa to 
meet with DRC officials and with MONUC to work out procedures 
and arrangements necessary to bring those indicted by the 
Tribunal to justice.  Neither Prosecutor Jallow, nor any of 
the ICTR principals have made the effort to travel to 
Kinshasa to address issues with the government or MONUC. 
 
4. (SBU) Beginning in May 2003 Embassy Kinshasa has requested 
investigative support from the ICTR to track genocidaires 
located in the Democratic Republic of Congo and Republic of 
Congo. These are targets who have been uncovered by tips to 
the Rewards for Justice Program.  The Chief of 
Investigations, Richard Renaud, has only begrudgingly made 
investigators from the Tracking Team available when pressured 
by Embassy Kinshasa or S/WCI.  The governments of the DRC and 
the ROC have arrested five indicted genocidaires with 
investigative assistance from ICTR Tracking Team 
investigators Moussa Sanogo and Michael Penda.  Many more 
potentially could have been brought to justice by a more 
proactive ICTR. 
 
5. (SBU) The UN Security Council has established an exit 
strategy for the ICTR which envisions all investigations and 
arrests completed by the end of 2004.  Recent personnel 
changes suggest that ICTR may already have closed this part 
of its mandate. Investigator Moussa Sanogo, the most senior 
and experienced of the Tracking team investigators has been 
reassigned to provide investigative services for the ongoing 
military trials in Arusha.  Investigator Sanogo has developed 
multiple resources and contacts in Congo-Brazzaville and in 
the DRC over the more than two years he has investigated in 
the area and was involved in all five successful cases. 
 
COMMENT 
-------- 
 
6. (C) Embassy Kinshasa has observed that the Chief of 
Investigations is uncomfortable working with and does not 
seem to trust his African subordinates, and it is alleged 
that he had attempted to replace them with non-Africans of 
his acquaintance.  Mr. Renaud has also been accused of 
preventing or interfering with investigations that would lead 
to the capture of the remaining worst genocidaires. Although 
the government of DRC has requested for two years that the 
ICTR have an ongoing presence in the DRC and although the 
Prosecutor points out that the largest number of remaining 
genocidaires at large are in the DRC, Renaud is disassembling 
the tracking team, effectively preventing further 
investigations in the time remaining. 
MEECE