Subj: [Cercle] Enos Kagaba INS Hearing 
Date: 2/1/2003 8:50:40 PM Central Standard Time
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The Enos Kagaba INS hearing .

In January 2003, Mr. Zephaniah Byilingiro posted on different websites the
case of Enos Kagaba who is currently in jail of SHERBURNE County in
Minneapolis-St. Paul, Minnesota.  I want to give you a briefing about the
INS hearing for Enos
Kagaba, a former Deputy Nursing School Director in Mugonero, Kibuye, which
was held in Minneapolis-St. Paul, Minnesota in mid-January of 2003.

The hearings were closed to the public and I received the information
outside the hearing so my knowledge is based on the account of the some
participants.

The Immigration and Naturalization Service brought six witnesses from
Rwanda, a team coordinated by the Deputy General Prosecutor, Emmanuel
Rukangira,  who was also in Minnesota, apparently hidden behind the windows
of the court.  Here are the names of the testimonies: Samuel Ndagijimana,
Manasse Bimenyimana, Jerson Nshimyumukiza, Vincent Musabyimfura, Elam
Rutaganda and Gerard Rubayiza Bandora. �I knew that some of them had
testified previously in cases before the ICTR in Arusha and were known as
trained for that kind of job�, said one of the participants. The six persons
told stories that were significantly different from accounts they had given
in previous statements and in testimony. Whereas they had previously not
spoken of Enos or had only mentioned his name, in their INS testimonies they
made Enos Kagaba a central and leading figure.

In cross-examination the witnesses were uncomfortable and vague, apparently
bothered by the realization that Mr. Kagaba's counsel had a good idea of
they were and what they had previously said. One of the six was not called
to testify, even though he had been flown all the way to the U.S. to give
evidence. The defense assumes the INS was skeptical about what he had told
them. The INS as an expert called Ms Alison DesForges of Human Rights Watch.
Significantly for the defense Ms DesForges acknowledged that the present
Kigali regime has abducted and murdered some of its political opponents.
Apparently she gave the example of Seth Sendashonga as one who had been
killed on the orders of Kigali. She also agreed that there are groups in
Rwanda that provide false testimony in court cases for political reasons.
Further, she had interviewed 10 witnesses in the Mugunero area and none of
them had mentioned Enos Kagaba.

One matter spoken of by Alison was the May 3, 1994 meeting in Kibuye town
addressed by Prime Minister Jean Kambanda. She described the intent of the
meeting as promotion of genocide though, as you know, there was nothing in
the speech of Kambanda that said go and kill Tutsi. She suggested that if
someone attended that meeting he or she should be suspected.

Because the testimony of the 5 Rwandans and Ms DesForges took up all the
time previously scheduled by the judge there will be a second phase to the
INS hearing that is scheduled to begin on February 17, 2003. There is a hope
to have
useful evidence and witness ready for that occasion. I understood that the
judge intends to allow telephonic testimony, something I would like to tell
to you all for your intervention to explain what you know about that person.

I hope this gives you some idea of how the Enos Kagaba matter is proceeding
and I would like to thank personally Human Rights Watch through Alison
DesForges for her intervention during the hearing and thanks to Mr.
Zephaniah Byilingiro for making available to all that kind of information.
Please, Mr. Zephaniah, do the same.
Stella Kayitesi.

       The Mulindwas communication group
"With Yoweri Museveni, Uganda is in anarchy"

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