By Judi
Rever and Benedict Moran
In early
July 1994, as the genocide in Rwanda was nearing its end, Christophe, whose
real name and location are being withheld for safety reasons, was recruited by
the Tutsi-led Rwandan Patriotic Front (RPF). July 1994 Kigali: Then Rwandan vice-president Paul Kagame, the Tutsi-led RPF (Rwandan Patriotic Front) commander. (Alexander Joe/AFP/Getty Images)
Christophe, a medical student
before the war, was assigned to care for wounded RPF soldiers in Masaka, a
neighborhood in the southeast of Rwanda’s capital, Kigali.
The RPF was on the brink of
winning the war. It was the culmination of a bloody campaign that began in 1990
when its forces invaded Rwanda from their base in Uganda, where their Tutsi
families had been forced into exile for three decades.
Their struggle for political
power in Rwanda took a drastic turn on 6 April 1994, when a plane carrying
Rwanda’s then president Juvénal Habyarimana, a Hutu, was shot down in Kigali,
killing everyone aboard, and abruptly ending a power-sharing deal that was supposed
to end three-and-a-half years of violence.
The plane attack set off a
killing spree that left hundreds of thousands of Tutsis dead, mostly at the
hands of their Hutu countrymen. By mid-July, the RPF had routed the former Hutu
government, and purportedly put an end to the massacres.
From his battle clinic in Masaka,
though, Christophe saw that the killings were continuing. “People were
disappearing,” he recently told the Mail & Guardian.
Many of the new recruits
Christophe treated began to share sobering details about what they were being
ordered to do to Hutu civilians — men, women and children who had no apparent
connection to the killing of Tutsis.
These Hutus were being arrested
in different areas of the capital by RPF officials, they said, and brought to a
nearby orphanage called Sainte Agathe, where they were summarily
executed.
The young recruits told
Christophe that they were being forced by their RPF superiors to tie up
civilians and kill them with hammers and hoes, before burning the victims on
site and burying their ashes. It was grisly, traumatising work conducted daily,
they told him.
Many of the soldiers asked Christophe to provide them with a sick leave note to avoid taking part in the killings. “They didn’t want to kill anybody,” he said. One of the recruits told Christophe that over a mere five days, more than 6 000 people were slaughtered at the orphanage.
In late July, the RPF sent
Christophe and thousands of other recruits to Gabiro, a military training camp
located in eastern Rwanda, on the edge of the vast wilderness that made up
Akagera National Park.
The rebel army had established a
base there earlier in the war, and it was off limits to international
nongovernmental organisations, United Nations personnel, and journalists.
The RPF had begun to recruit Hutu
men, promising them safety if they joined the RPF cause. Many heeded the call.
But at Gabiro, Christophe saw that these new Hutu recruits had been deceived.
Instead of receiving training, on arrival they were screened by military
intelligence agents, taken to a field and shot.
Even Tutsi recruits from Congo,
Burundi and Uganda, whom military intelligence considered disloyal or suspect,
were disappearing, he said.
Even more chilling, though, were
the truckloads of Hutu civilians Christophe witnessed arriving in another part
of the camp, in an area he could see from a distance. Every day, for months on
end, he said, RPF soldiers killed these Hutus and then burned the bodies.
Backhoes — which Christophe
referred to by their brand name, Caterpillar — worked day and night burying
their remains. “You could see the trucks, you could see the smoke. You could
smell burning flesh,” Christophe told M&G. “All those lorries
were bringing people to be killed. I saw the Caterpillar and could hear it.
They were doing it in a very professional way.”
As the massacres continued,
Christophe became worried that as a witness he, too, could be a target. Some
soldiers, traumatised by what they were forced to do, tried to escape Gabiro.
But they were caught and executed, he said. To his relief, in April 1995, he
was transferred out of Gabiro, and a week later, he fled Rwanda and never
returned.
Several years after leaving,
Christophe began speaking to investigators from the UN International Criminal
Tribunal for Rwanda (ICTR). The tribunal, set up in the aftermath of the
genocide, was tasked with prosecuting the most serious crimes committed in
1994.
Publicly, the tribunal focused
exclusively on prosecuting high-level Hutu figures suspected of organising and
committing genocide against Tutsis. But privately, a clandestine entity within
the ICTR, known as the Special Investigations Unit (SIU), gathered evidence of
crimes committed by the RPF. By 2003, investigators at the SIU had recruited
hundreds of sources, with dozens giving sworn statements.
According to a summary report submitted to the ICTR’s chief prosecutor in 2003, the SIU’s investigative team had gathered explosive evidence against the RPF. Numerous witnesses corroborated Christophe’s testimony that the RPF had engaged in massacres of Hutu civilians in Gabiro and elsewhere before, during, and after the genocide. Sources testified to the SIU that the RPF was behind the 6 April 1994 attack on Habyarimana’s plane.
Former soldiers even told investigators
that RPF commandos undertook false flag operations. Some commandos, operating
in civilian clothes, had allegedly infiltrated Hutu militias, known as
Interahamwe, to incite even more killings of Tutsis in a bid to further
demonise the Hutu regime and bolster the RPF’s moral authority in the eyes of
the international community.
In the report, UN investigators
listed potential RPF targets for indictment, including President Paul Kagame
himself. But when the tribunal officially wound down in 2015, the more than 60
individuals who were convicted and jailed for genocide and other war crimes
were all linked to the former Hutu-led regime. Not a single indictment of the
RPF was ever issued by the UN; all evidence of RPF wrongdoing was effectively
buried.
Christophe met with investigators
three times, and provided a written, sworn testimony to the tribunal, but for
nearly two decades, his testimony, together with that of dozens of other RPF
soldiers who witnessed RPF crimes, have remained sealed in the tribunal’s
archive.
In this exclusive report, the Mail
& Guardian is publishing 31 documents based on testimonies the
witnesses provided to UN investigators. The documents were leaked to M&G by
various sources with extensive experience at the tribunal. The witness
statements, which contain identifying information, have been redacted by the
tribunal and by the M&G to protect the
informants’ privacy and safety.
The informants who testified
against the RPF to the tribunal faced serious risks, and some were kidnapped, according to the investigators.
However, it is widely believed by our sources that the unredacted witness
statements are already in the possession of the RPF. One statement is
unredacted because the witness died in 2010.
Since 1994, many human rights
researchers, journalists, academics and legal experts at the ICTR have
contended that the crimes committed by the RPF were not comparable in nature,
scope, or organisation to the Hutu-led atrocities against Tutsis.
The Rwandan government has
asserted that any crimes committed by members of the RPF were only acts of
revenge that have already been tried by the competent Rwandan
authorities.
These testimonies, which include
gruesome details about RPF massacres — often from soldiers who directly
participated in the killings — challenge that understanding. Although these
accounts do not in any way prove culpability, they may constitute prima facie
evidence needed for indictments.
Taken as a whole, the evidence
collected by the SIU suggests that RPF killings were not a reaction to the
killing of Tutsis but instead were highly organised and strategic in nature. If
proven by a court, the RPF not only played a seminal role in triggering the
genocide by shooting down Habyarimana’s plane; its senior members also engaged
in widespread, targeted massacres of civilians before, during and after the
genocide.
Many of the RPF commanders implicated in the crimes documented by the SIU have held, or continue to hold, important positions in the Rwandan government and military. Kagame, who was the leader of the RPF at the time of the 1994 genocide, has been the president of Rwanda since 2000 and remains a close ally of the United States.
General Patrick Nyamvumba, who
was head of the Gabiro training camp, served as the head of the Rwandan
military from 2013 until 2019, and before that, from 2009 until 2013, as
commander of Unamid, the joint UN-Africa Union peacekeeping force in Sudan. He
was also minister of internal security until April 2020.
Lieutenant Colonel James
Kabarebe, whom witnesses cited for his leading role in massacres in northern
Rwanda and in planning the assassination of Habyarimana, was Rwanda’s minister
of defence from 2010 until 2018 and remains a senior adviser to Kagame.
General Kayumba Nyamwasa, who was
head of the RPF’s military intelligence during the genocide, is alleged to have
conceived and organised the RPF infiltration of Hutu militia and the mass
killings of Hutu civilians throughout Rwanda. Nyamwasa fled the country in 2010
and is a major figure in the Rwandan opposition in exile.
Neither the RPF, the Rwandan
president’s office, the Rwandan Media High Council, nor Nyamwasa responded when
asked for comment on the documents. On Twitter, Yolande Makolo, an adviser to
Kagame, dismissed an M&G query about the
documents and called the questions “ridiculous”.
Filip Reyntjens, a Belgian
political scientist who has spent decades studying Rwanda and provided expert
testimony to the ICTR, said the RPF’s legitimacy is based on saving Tutsis and
stopping the genocide, and that any critical examination of its real record
would undermine that official narrative.
“The legitimacy of the RPF is in
large part based on its image as representing and defending the victims of the
1994 genocide against the Tutsi. They are the ‘good guys.’ Any evidence that
points to the RPF committing massive crimes or having a role in shooting down
the presidential plane, an act that sparked the genocide, challenges that
legitimacy, which is why they have to fight it tooth and nail,” Reyntjens told
the M&G.
Christophe, whose statements and
interviews with the M&G are
corroborated by other witnesses who offered similar testimony, said he believed
the killings that he witnessed at Gabiro could not have been carried out as
revenge for the crimes individual Hutus committed during the genocide.
The killings by the RPF went
on “for too long [and] were too programmed and well organised,” to amount to
retaliation, he said.
Other
witnesses bolstered Christopher’s account, providing testimony that the RPF
began killing at Gabiro in April 1994, shortly after Habyarimana was
assassinated. Speaking to investigators in French, one witness, a former
soldier who joined the RPF in 1992, told investigators that displaced Hutu
civilians from villages in northern Rwanda were brought to Gabiro aboard
tractor-trailer trucks, and left at a residential complex called the House of
Habyarimana, 3km from the military camp.
“The
intelligence officer selected the intelligence staff and instructors to execute
the people brought by trucks … The soldiers tied their elbows behind their
backs, and one by one, made them walk to a ‘grave site’ above the House of
Habyarimana, where they were shot … These summary executions were done day and
night between four and five weeks that I was there … By the end of April, early
May, after two weeks of summary executions, the smell of corpses reached the
Gabiro camp. Two
bulldozers were used to bury the bodies.”
The witness said he participated
in burning bodies using a mixture of oil and gasoline to turn the corpses into
ash in a forest near another training camp called Gako. The soldier in question
said a lieutenant called Silas Gasana who was in charge of security for a man
referred to as “PC-Afandi”, oversaw the killings at Gabiro. “PC-Afandi” is a
military moniker for Kagame, according to former members of the RPF who
were separately interviewed on the topic.
The witness told investigators
that Gasana was in communication with Nyamvumba, who at the time was the
operations commander and chief instructor at Gabiro.
Another former RPF soldier who
was sent to Gabiro in mid-April 1994 told the tribunal:
“Many
trucks came from different regions around the camp. Recruits who went to get
firewood could see these trucks pass. In two instances, while I was about a
kilometre from our camp looking for wood, I personally observed these trucks.
They were tractor-trailers, or semi-trailers. The vehicles had 18 or 24 wheels
with no licence plates. They drove past me, very close. They were full of men,
women, children and old people. They were brought to an area near the houses of
the former head of state, near
the Gabiro airstrip, and massacred.”
The witness said the victims were
from northern areas of Rwanda and were killed so that Tutsi refugees living in
Uganda could acquire their land. The testimony highlighted the RPF’s alleged
practice of falsely blaming Hutus for atrocities they didn’t commit.
“The main
objective of these massacres … was to prepare the land and pastures for the
people who had been [Tutsi] refugees in Uganda and who were repatriated. Until
today, anyone [that is Hutus] who might think of living there without having
returned from Uganda, would run the risk of being
accused of being an Interahamwe.”
Other witnesses spoke of killings
at the military camp on the edge of the park. A former intelligence officer
described Gabiro as a main “killing hub”.
The officer took part in
operations in Giti, in northern Rwanda, from April 1994, in an area where no
Tutsis had been killed during the genocide. Despite the commune being safe for
Tutsis, RPF special forces killed up to 3 000 Hutus there, he testified.
“Between
two and three thousand [civilians] were executed in the commune of Giti, and
were buried in mass graves and latrines. Thousands of other victims were
brought to Gabiro. It was a killing hub, above all isolated and near Akagera
Park … At one point, victims from areas surrounding Giti began to arrive in
military trucks, on their way to Gabiro, where they were simply eliminated.”
A number of former RPF soldiers
testified that Hutu civilians were attacked prior to the genocide, in
particular in northern Rwanda.
One soldier said that as soon as
the RPF seized an area — which he referred to as a “liberated zone” — Hutus
living there were systematically slaughtered.
“The [RPF]
was convinced that Hutus were uncontrollable, so it was better to get rid of
them. That’s why a systematic ethnic cleansing was organised in these
‘liberated zones’. Two methods were used to achieve this goal. The RPF would
organise murderous attacks, where hundreds of Hutu peasants were killed. The
survivors would then flee and empty the zone. The RPF would also spread rumours
about imminent attacks, a tactic that would cause peasants to flee.”
A RPF soldier who served in the
northwestern region near Ruhengeri testified that in 1993, the purpose of his
unit was to “kill the enemy and bury or burn
their corpses.” The soldier said he was part of this unit until
August 1994.
“The goal
of our group was to kill Hutus. That included women and children. We killed
many people, maybe 100 000. Our unit killed on average between 150 and 200
people a day. People were killed with a cord [around their neck], a plastic bag
[over their head], a hammer, a knife, or with traditional weapons [machete,
panga]. The bodies were then put into mass graves or sometimes burned.”
In their summary report, SIU
investigators cited a host of methods used by the RPF to kill victims,
including strangling them with cords, smothering them with bags, pouring
burning plastic on their skin, and hacking Rwandans with hoes and bayonets.
According to three testimonies,
RPF soldiers wore uniforms seized from the [Hutu government] Rwandan Armed
Forces (FAR) and used government-issued weapons to commit crimes in false flag
operations. One former RPF soldier described the logic behind RPF attacks
against civilians in a demilitarised zone before the genocide:
“The most important task was to
destabilise the regime by killing civilians. Once they [the RPF] withdrew, they
spread the rumour that the [Habyarimana] regime was incapable of protecting civilians.”Coalition: Then Rwandan president Pasteur Bizimungu and his deputy, Paul Kagame, in July 1994. Photo: Alexander Joe/AFP/Getty Images
These RPF commandos, known as
“technicians”, embedded within the Interahamwe, were stationed in zones
controlled by the Interahamwe and participated in killing civilians at road
blocks during the genocide, according to the witness. “They even killed
Tutsis,” said one former RPF soldier.
Another former RPF soldier, who
was based in Kigali from April to July 1994, witnessed similar events. He told
investigators that RPF commandos dressed up as government soldiers or disguised
themselves as members of the Interahamwe, and used machetes to kill Tutsi
civilians at roadblocks. The witness claimed the RPF deployed more than two
battalions of these commandos in the capital alone.
“They checked IDs [and] killed
people by machete exactly like the Interahamwe, so no one would be suspicious.”
False flag operations continued
until well after the end of the genocide, according to various
testimonies.
Early on in the genocide, it was
widely believed that Hutu hardliners were responsible for shooting down the
president’s plane in a bid to hold on to power. The belief in this hypothesis
remains widespread. However, RPF informants told the tribunal that the RPF
planned and executed the attack on Habyarimana’s plane.
A number of former RPF soldiers
said the RPF unearthed secret weapons caches immediately preceding the 6 April
attack to prepare for battle. Sources told the SIU that Kagame and his senior
commanders held three meetings to prepare the attack.
In the summary report, UN
investigators “confirmed” the existence of a RPF
team in charge of surface-to-air missiles, which were allegedly
transported to Kigali from the RPF’s military headquarters in northern Rwanda,
near the Ugandan border. SIU documents named the individuals who allegedly
brought the missiles into the capital, hid them and fired them on April 6,
1994, and included Kagame and Nyamwasa as potential targets for indictment.
One witness testified that before
the attack on the plane, on the night of 6 April, RPF soldiers were told to get
ready:
“On 6 April 1994 at 19:00 hours,
the order was received from Kayonga to be on ‘stand-by one’. This meant to be
in full battle dress and ready for an attack. All the companies moved outside
the camp into the trenches … At approximately 20:30 hours, I saw the
president’s plane crash.”
Another witness was later told by
an intelligence agent that the RPF was indeed behind the plane attack:
“He told me that it was the RPF
who shot down Habyarimana’s plane. When he realised his indiscretion, he
threatened me with reprisals if I didn’t keep it to myself.”
The testimonies support the work
of an earlier investigation undertaken in 1997 by the ICTR, by a lawyer called
Michael Hourigan, who collected evidence indicating that the RPF was behind the
plane attack.
Louise Arbour, the UN tribunal’s
chief prosecutor at the time, shut down the probe and told Hourigan that she
did not have the mandate to investigate acts of terror, according to a number
of interviews Hourigan gave after he quit his job in frustration with her
decision.
In later years, Arbour told The Globe and
Mail newspaper that
Kagame’s government blocked efforts to investigate RPF crimes and the tribunal
did not have the resources to carry out such an inquiry safely.
In 2000, Carla Del Ponte, who
took over after Arbour, made it clear she intended to indict the RPF.
“For me, a victim is a victim, a crime falling within my mandate as the [Rwanda
tribunal’s] prosecutor is a crime, irrespective of the identity or ethnicity or
the political ideas of the person who committed the said crimes,” she said in a
speech in 2002.
“If it was Kagame who had shot
down the plane, then Kagame would have been the person most responsible for the
genocide,” she later said at a symposium organised by the French
Senate.
But in 2003, the US government
warned Del Ponte that if she went ahead with her plans to indict the RPF, she
would be fired, according to her memoir. Within a few months of a tense meeting
she had with Pierre-Richard Prosper — then US Ambassador for War Crimes Issues,
who had served as a prosecutor for the ICTR from 1996 to 1998 — Del Ponte was
removed from the ICTR.
According to this leaked memo,
dated 2003, Prosper struck a deal with the court to transfer jurisdiction for
prosecuting RPF crimes — and evidence of RPF crimes collected by UN
investigators — from the UN tribunal to the Rwandan government.
Prosper is currently a partner at
Arent Fox, where he advises and represents the Rwandan government in
international arbitration and litigation, according
to the firm’s website . Prosper did not respond to our request
for comment.
Hassan Jallow, Del Ponte’s
successor, who oversaw the court’s prosecution until it closed in 2015, was
ultimately unwilling to indict the RPF. In 2005, he defended the ICTR’s
decision not to prosecute the RPF, writing
that Kagame’s army had “waged a war of liberation and defeated
the Hutu government of the day, putting an end to genocide.”
Since 1994, several other UN
agencies have investigated RPF attacks on Hutu civilians, both inside Rwanda
and in neighbouring countries. These reports were also suppressed, or became
the focus of vigorous denials from Kigali. Although they address other alleged
crimes of the RPF, they corroborate the SIU’s general findings that the RPF
committed widespread, targeted crimes against Hutus.
Robert Gersony, a US consultant,
was hired by the UN High Commissioner for Refugees in the summer of 1994 to
assess whether it was safe for Hutu refugees who had fled Rwanda to
neighbouring countries to return home. Gersony’s 1994 report was never
officially made public, but according a version that was leaked in
2010, investigators concluded that the RPF killing of Hutus during
the genocide was “systematic” and resulted in the death of tens of thousands of
civilians.
A senior official of the UN’s
peacekeeping force in Rwanda said Gersony gave a verbal
briefing in which he put forward evidence that the RPF had carried out a
“calculated, pre-planned and systematic genocide against the Hutus.”Taking the capital: RPF soldiers gather on a road on 26 May 1994 to prepare to march into Kigali. Photo: Scott Peterson/Liaison
The UN Mapping Report,
which investigated abuses committed by pro-Rwandan forces in the DRC between
March 1993 and June 2003, concluded that attacks against Hutu civilians in that
country, “if proven before a competent court, could be characterised as crimes
of genocide.”
Despite the Mapping Report
findings, the RPF has never been prosecuted for its alleged crimes in the DRC.
Human rights advocates such as Denis Mukwege, a
Congolese doctor who won the Nobel peace prize in 2018 for
treating women who have experienced sexual violence, have
repeatedly called on the international community to set up a
tribunal to try all perpetrators of atrocities and end the culture of impunity
in the DRC.
Nevertheless, the UN High
Commission for Human Rights, whose investigators authored the 550-page Mapping
Report, has
chosen to keep its database of suspected perpetrators confidential.
Efforts by France to investigate
the shooting down of Habyarimana’s plane have similarly failed to establish any
accountability. In 2006, after a lengthy investigation, a French judge issued
arrest warrants for several RPF officials in connection with the assassination
of the Rwandan president, a move that triggered a diplomatic row between Kigali
and Paris.
In December 2018, a court
dismissed the case against the RPF, citing insufficient evidence to proceed to
a trial and, on 3 July this year, an appeals court in Paris confirmed the decision and
agreed not to reopen an investigation.
Researchers have recently
attempted to estimate the number of victims of violence, both Tutsi and Hutu.
In January, the Journal of Genocide Research published several studies that
estimated between 500 000 to 600 000 Tutsis were killed during the genocide,
and between 400 000 and 550 000 Hutus lost their lives in the 1990s.
Marijke Verpoorten, an academic
at the University of Antwerp, says it remains impossible to establish a reliable
death toll of the killings of Hutus.
Instead, she attempts to
estimate how many Hutu lives were lost in the 1990s, either as a direct result
of violence, or indirectly, after the rapid spread of contagious diseases in
refugee camps, and the dire war conditions. She arrives at a “guesstimate” of
542 000, although admits there is a very large uncertainty interval.
Yet only one ethnic group has
been internationally recognised as victims. Inside Rwanda, community-based
gacaca courts tried
more than 1.2-million alleged perpetrators of the Tutsi
genocide. An official genocide survivor fund does not recognise Hutus who were
killed, even if they lost their lives trying to protect Tutsis. Hutus are
not allowed to publicly grieve their loved ones or request
justice for RPF crimes in Rwanda.
After formally closing, the ICTR
became a residual tribunal — now called the International Residual Mechanism
for Criminal Tribunals (MICT) — and continues to search for high-profile,
alleged Hutu génocidaires.
In May, French police arrested
87-year-old Félicien Kabuga, who had lived in hiding for 26 years. He stands
accused of financing the genocide against Tutsis by funding an extremist radio
station. Kabuga has denied the allegations and is currently in The Hague
awaiting a trial.
The MICT did not respond when asked for comment on prosecuting RPF officials. – Mail & Guardian
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