Africa rallies behind Rwanda in Gen Karake case

The Peace and Security Council of the African Union’s (AU) Friday strongly condemned the recent arrest in London of Lt Gen Emmanuel Karenzi Karake, popularly known as ‘KK’, and called for his “immediate and unconditional release”.

Saturday, June 27, 2015
Lt. Gen. Karenzi Karake. (File)

The Peace and Security Council of the African Union’s (AU) Friday strongly condemned the recent arrest in London of Lt Gen Emmanuel Karenzi Karake, popularly known as ‘KK’, and called for his "immediate and unconditional release”.

A communiqué released after an emergency meeting at the AU headquarters in Addis Ababa, Ethiopia, termed the arrest as a "blatant violation of the principle of international jurisdiction by some non-African states against African officials and its implication on peace and security on the continent”.

It described Saturday’s arrest of Rwanda’s head of National Intelligence and Security Service (NISS), as "a clear violation of the sovereignty and territorial integrity of African states”, adding that "the abuse threatened to reverse the hard won security and stability in Rwanda”.

The Council dismissed the 2008 Spanish indictment, under which the UK authorities barred Gen Karenzi from returning home after an official visit, as "politically motivated”.

Karenzi is one of the 40 former and current Rwandan officials targeted in the indictment over alleged war crimes and terrorism acts – a highly controversial stance considering these figures instead played a major role in ending the 1994 Genocide against the Tutsi in Rwanda, which claimed at least a million lives.

The Council questioned the motives of the arrest on the basis of an arrest warrant issued by a Spanish judge yet, early this year, Spain National High Court had thrown out the indictment.

"The arrest appears to be politically motivated and underscores the fact that arrest warrants issued by non-African judges and other non-African national legal systems is a clear violation of the sovereignty and territorial integrity of African states, an attempt to subordinate African legal systems to those of non-African states,” reads part of the strongly worded statement.

It said the arrest was a violation of a mutual agreement reached last year to have a political dialogue between the EU and Africa to address the issue of abuse of the principles of universal jurisdiction "once and for all”.

The Addis meeting said that an ordinary meeting held in Sharm el Sheikh in 2008 had stressed the need for an equitable and transparent manner in line with the principles of international law.

It had also urged UN member states, especial the European Union, to put a moratorium on all arrest a warrants until all legal and political matters had been discussed.

It added that Interpol had even refused to issue Red Notices against the 40 Rwandan officers, among them Karake, "to avoid breaching its constitutional statutes which stay away from politically motivated warrants”.

The African Union’s peace and security organ also expressed "concern at the continued support by certain quarters of the international community of groups which promote the genocide ideology”, stressing that such "extremist groups should in no way be sanitized.”

A 2009 UN report said pro-FDLR militia lobbies had sponsored Judge Andreu Merelles’ indictment, strengthening Rwanda and observers’ longstanding views that extremists behind the 1994 Genocide against the Tutsi and their backers were behind efforts to criminalise the Rwanda Patriotic Front, the movement that stopped the Genocide and has since turned around the country’s fortunes.

The Council said the continued abuse of the principle of universal jurisdiction "may pose a threat to the efforts aimed at promoting the rule of law and stability, as well as building strong national institutions”.

Earlier, the Council had been briefed by, among others, Rwanda’s Foreign affairs minister Louise Mushikiwabo, who questioned both the legitimacy and timing of the arrest, describing it as "a political manipulation of international justice and bullying by some non-African states.”

Karake’s arrest outraged many Rwandans and observers, with many wondering why the British authorities had not respected the controversial indictment, issued under a European Arrest Warrant system, during Karake’s previous visits to the UK.

The US government has branded the indictment as ""outrageous and inaccurate.”

A British court Thursday released Gen Karake on bail and he is subject to reappear in court in late September.