wfn.org | Arrested Anglican bishop to appear before Rwandan genocide tribunal

[ENS@ecunet.org]

2001-94

Arrested Anglican bishop to appear before Rwandan genocide tribunal 

by Jan Nunley
jnunley@episcopalchurch.org

     (ENS) Samuel Musabyimana, former Anglican bishop of the Diocese of Shyogwe 
(Rwanda), will appear before the International Criminal Tribunal for Rwanda 
(ICTR) on May 2 to answer charges of genocide, complicity in genocide, conspiracy 
to commit genocide and crimes against humanity. 

     Musabyimana was arrested in Nairobi, Kenya, on April 26 and immediately 
transferred to the Detention Facility of the ICTR in Arusha, Tanzania.

     In a statement issued the day of the arrest, Anglican archbishop David 
Gitari of Kenya expressed "concern" that Musabyimana "might have been smuggled 
out of the country." "He came to Kenya during the 1994 genocide and has been 
living in Nairobi since that time with full knowledge of Kenyan Government," said 
the release. Musabyimana's lawyers claimed the arresting officers "refused to 
identify themselves or show any document of authority to arrest or even explain 
the reasons why the bishop was arrested." 

Indictment indicates cooperation with genocide

     The ICTR indictment alleges that at the Shyogwe diocesan compound, which 
sheltered both Hutu and Tutsi civilians seeking refuge, the bishop "publicly 
stated that the situation for the Tutsi was very bad and that their end had 
arrived and that it was no use trying to hide them." 

     The indictment said that a subordinate of Musabyimana's, the Rev. Athanase 
Ngilinshuti, was directed by the bishop to register refugees according to their 
ethnicity--a list which was later used to round up Tutsis for extermination. When 
soldiers arrived to transport the Tutsi refugees, the indictment states, 
Musabyimana "publicly stated that he did not oppose the killing of Tutsis, but 
that he did not want killings at the diocese and that the Tutsis should be taken 
to Kabgayi to be killed."

     Nginlinshuti also aided soldiers and distributed weapons in cooperation with 
military officials. He was convicted by a Rwandan military court and sentenced to 
death in 1999. 

Roadblocks and broken promises

     Musabyimana is also charged with authorizing roadblocks which were "manned 
by students and employees of the diocese and were used to identify and monitor 
and control the movement of Tutsi civilians in the area surrounding the diocese. 
As a direct consequence, numerous Tutsi civilians were killed at roadblocks 
adjoining Shyogwe diocese," the indictment said. He is also accused of 
encouraging refugees to abandon their hiding places, giving them the impression 
he would help them to escape. "When the refugees exposed themselves, the bishop 
sped off in a vehicle," while militias attacked and killed them, the indictment 
continued. 

     "After being informed that many of the refugees had been killed,  
[Musabyimana] paid the militias that had launched the attack. Shortly thereafter, 
[Musabyimana] loaded several remaining Tutsi refugees aboard his vehicle so that 
they would accompany him in his flight from the diocese. During his exile, 
[Musabyimana] used the presence of these Tutsi refugees to solicit funds from 
international organizations and to justify several of his public statements."

More indictments pending

     In addition, Musabyimana is accused of conspiring with other clergy and 
government officials, including former Minister of Information Eliezer Niyitegeka 
and former Minister of the Interior Edouard Karamera, by meeting with them and 
requesting Kalashnikov rifles and other firearms to be used for the "security" of 
the diocese, which were then distributed to members of the local civilian 
militia. 

     The bishop's arrest was carried out by the Kenyan police on the basis of an 
indictment and arrest warrant issued March 13. Musabyimana was originally 
arrested by South African authorities on immigration charges in September 2000 
and mistakenly deported to Kenya, where he escaped. 

     Although ICTR officials reportedly knew of Musabyimana's whereabouts for 
several months, sources say his arrest was delayed because of related indictments 
still pending. More indictments and possible arrests are expected soon.

--The Rev. Jan Nunley is deputy director of Episcopal News Service. This report 
includes information from a report by Kate Gehring of Internews.