Honorable Mr. Tharcisse Karugarama June 1, 2010 Minister of Justice

Jun 1, 2010 - OPJDR is non-profit and apolitical. Its mission is to promote the respect of ... N° 24/HR/PK/610. Republic of Rwanda. Po Box 160 Kigali – ...
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Organization For Peace Justice and Development in Rwanda, (OPJDR) Inc.

Organisation Pour la Paix, la Justice et le Développement au Rwanda, (OPJDR) Inc

Honorable Mr. Tharcisse Karugarama Minister of Justice attorney General Republic of Rwanda Po Box 160 Kigali – Rwanda

June 1, 2010 N° 24/HR/PK/610

Honorable Mr. Sheikh Mussa Fazil HARERIMANA Minister of Internal Security Republic of Rwanda P.O Box 446 Kigali RWANDA Honorable Mr. Martin Ngoga Prosecutor General Minister of Justice Republic of Rwanda

Re: OPJDR requests the Immediate and Unconditional Release of Professor Peter Erlinder, arrested on May 28, 2010.

Excellency;

The Organization for Peace, Justice and Development in Rwanda and in the Great Lakes Region of Africa (OPJDR), Inc., an apolitical Human Rights Organization based in the United States, is concerned with the continuing grave violation of the respect of Human Rights in Rwanda and requests the immediate and unconditional release of Professor Peter Erlinder, a Legal Counsel of Ms. Ingabire Victoire arrested in Kigali-Rwanda on May 28, 2010, as his arrest is more politically motivated than criminal. Professor Erlinder arrived in Kigali on Sunday, May 23rd to take up the legal representation of Victoire Ingabire, candidate to the presidential election of August 2010 and Chairperson of the United Democratic Forces - FDU Inkingi, an opposition political party hardly waiting to be registered and legalized under the Rwandan electoral law. Victoire Ingabire has been forcibly charged with collaboration with a terrorist group; propagating genocide ideology; negationism and ethnic divisionism. OPJDR • BP 3026 • Manchester, NH • 03105 / PHONE: (603) 361-6473 www.opjdr.org. OPJDR is non-profit and apolitical. Its mission is to promote the respect of human rights and Cultural, educational, and economic development in the Great Lakes Region of Africa.

Organization For Peace Justice and Development in Rwanda, (OPJDR) Inc.

Organisation Pour la Paix, la Justice et le Développement au Rwanda, (OPJDR) Inc

Following his arrest, a police spokesman, Eric Kayiranga, confirmed that Professor Erlinder was accused of “denying the genocide and negationism” from statements he had made at the tribunal in Arusha, as well as “in his books, and publications.”

OPJDR believes that Professor Peter Erlinder has never denied the genocide or should not be accused of negationism with basis on his statements made at the UN International Criminal Tribunal for Rwanda (ICTR) in Arusha where he is a legal counsel for Major Aloys Ntabakuze, or in his books and publications because like other scientists and researchers, Professor Peter cited and showed the origin of his information therefore he should not be the victim of his investigations and citations. On the most irritating to the Rwandan Government publication, Professor Peter evoked the conclusion of the 1994 UN team’s investigation that “a pattern of killing had emerged there, the “[RPF] and Tutsi civilian surrogates [killing] 10,000 or more Hutu civilians per month, with the [RPF] accounting for 95% of the killings.” The same investigation added that “the purpose of the killing was a campaign of ethnic cleansing intended to clear certain areas in the south of Rwanda for Tutsi habitation. The killings also served to reduce the population of Hutu males and discouraged refugees from returning to claim their lands”. As far as we know from Professor Peter's interventions through speeches, legal defenses or writings, he has always cited his references and did not make up or speculate his own opinions. Therefore, Rwandan Justice should go after Professor Peter’s references but not the messenger who should not be responsible of his replicates. In addition, Professor Peter Erlinder has been a legal counsel for Major Aloys Ntabakuze at the ICTR in a joint trial with Col. Theoneste Bagosora labeled as the architect of the genocide and Lt.Colonel Anatole Nsengiyumva. It is obvious that his views differ from those from the prosecution or the government of Rwanda. He was defending his clients and challenging the prosecution according to international standards and should not be charged for the same crimes as his clients.

OPJDR believes that Professor Peter Erlinder’s arrest is an act of retaliation following a recent civil lawsuit filed in the U.S. Oklahoma City federal Court on Thursday April 29, 2010 against OPJDR • BP 3026 • Manchester, NH • 03105 / PHONE: (603) 361-6473 www.opjdr.org. OPJDR is non-profit and apolitical. Its mission is to promote the respect of human rights and Cultural, educational, and economic development in the Great Lakes Region of Africa.

Organization For Peace Justice and Development in Rwanda, (OPJDR) Inc.

Organisation Pour la Paix, la Justice et le Développement au Rwanda, (OPJDR) Inc

President Paul Kagame for killing Presidents Habyarimana Juvenal of Rwanda and Ntaryamira Cyprien of Burundi.

OPJDR believes that retaliation in judiciary proceedings is in contradiction of the Constitution of the Republic of Rwanda especially in its article 34 guarantying freedom of the press and freedom of information, Article 18 of the right to a defense and Article 19 stipulating that “Every person accused of a crime shall be presumed innocent until his or her guilt has been conclusively proved in accordance with the law in a public and fair hearing in which all the necessary guarantees for defense have been made available.”

OPJDR strongly believes that the Constitution of the Republic of Rwanda should be respected and the Government of Rwanda should stop using the genocide as a reason of intimidating and silencing any dissent voice and further denying the noble principle of justice for all. Therefore OPJDR calls for Immediate and Unconditional Release of Pr. Peter Erlinder, so he can go to his daily legal activities.

Sincerely Pascal Kalinganire Coordinator, OPJDR

CC: Honorable Ban Ki-Moon UN Secretary-General 760 United Nations Plaza, Manhattan, NY 10017 Honorable Ms. Hillary Rodham Clinton Secretary of State U.S. Department of State 2201 C Street NW Washington, DC 20520 OPJDR • BP 3026 • Manchester, NH • 03105 / PHONE: (603) 361-6473 www.opjdr.org. OPJDR is non-profit and apolitical. Its mission is to promote the respect of human rights and Cultural, educational, and economic development in the Great Lakes Region of Africa.

Organization For Peace Justice and Development in Rwanda, (OPJDR) Inc.

Organisation Pour la Paix, la Justice et le Développement au Rwanda, (OPJDR) Inc

Honorable U.S. Senator John Kerry Chair of Foreign Relations Committee 218 Russell Bldg. Second Floor Washington D.C. 20510 Honorable U.S. Senator Russ Feingold US Senate Subcommittee on African Affairs 506 Hart Senate Office Building Washington, DC 20510-4904 Honorable Mr. Kenneth Roth Executive Director of Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Honorable Ms. Maja Daruwala, Executive Director of Institute of Commonwealth Human Rights Initiative Marlborough House, Pall Mall London SW1Y 5HX, UK Honorable Mr. Tony Blair Africa Governance Initiative P.O. Box 60519 London - W2 7JU United Kingdom AI Representative in Kampala-Uganda IS Kampala - Africa Regional Office Amnesty International, Plot 20A Kawalya Kaggwa Close, PO Box 23966, Kampala, Uganda Professor Peter Erlinder William Mitchell College of Law 875 Summit Avenue, Office: Rm 326 Saint Paul, MN 55105-3076

OPJDR • BP 3026 • Manchester, NH • 03105 / PHONE: (603) 361-6473 www.opjdr.org. OPJDR is non-profit and apolitical. Its mission is to promote the respect of human rights and Cultural, educational, and economic development in the Great Lakes Region of Africa.