Arrested Anglican Bishop to Appear Before Rwandan Genocide Tribunal
Episcopal News Service. April 30, 2001 [2001-94]
Jan Nunley
(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.
This report includes information from a report by Kate Gehring of Internews.