Precis
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"Genocide isn't a crime that grows old." A man accused by Rwandan authorities of participating in one of
the worst atrocities of the 20th century is living in Australia's suburbs, a
joint Four Corners and Guardian Australia investigation has found. More than half a million people were killed during Rwanda's
genocide against its Tutsi minority in 1994. Thirty years on, Guardian reporter Ben Doherty travels to Rwanda
to investigate the allegations — and confronts the man accused of being
involved in several killings, who is now an Australian citizen. The findings of the year-long joint
Four Corners and Guardian investigation raise tough questions about
Australia's immigration screening processes. |
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4
Corners GFX logo |
Music |
00:00 |
Episode
teaser |
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00:12 |
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BEN
DOHERTY, REPORTER: Two men, accused of participating in one of the worst
atrocities of the 20th century, are believed to be in Australia. |
00:18 |
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BEN DOHERTY ON PHONE: Is that Froduald Rukeshangabo
speaking? FRODUALD RUKESHANGABO ON PHONE: This is Froduald, how are
you? |
00:26 |
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BEN DOHERTY, Reporter: One of them is living in suburban Queensland
– the other is a ghost. |
00:31 |
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FRODUALD RUKESHANGABO ON PHONE: It’s better we leave
it. It’s better to stop this
conversation. |
00:40 |
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BEN DOHERTY, Reporter: More than half a million people were killed
during the genocide against the Tutsi in Rwanda. |
00:45 |
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BEN DOHERTY, Reporter: Do you know who this man is? |
00:53 |
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BEN
DOHERTY, Reporter: 30 years later
hundreds of alleged perpetrators are still at large. |
00:56 |
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ALPHONSE: It’s not fair that he hasn’t been punished. |
01:01 |
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BEN DOHERTY, Reporter: Survivors want justice…If you could speak
with Celestin Munyaburanga, what would you say to him? GOLITHI: What can I tell him? I am afraid of him. |
01:07 |
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FRIDA UMUHOZA ON PHONE: Genocide is not a crime that
grows old. |
01:23 |
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BEN
DOHERTY, Reporter: The two men
believed to be in Australia have been convicted in absentia by traditional
courts -- part of a truth and reconciliation process. Now, the Rwandan government wants them
back to face justice in new trials. |
01:25 |
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PROF. PHIL CLARK, SCHOOL OF ORIENTAL AND AFRICAN STUDIES:
Extradition is the best response, if there is sufficient prima facie evidence
to suggest that a trial is necessary. |
01:42 |
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Music |
01:51 |
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BEN DOHERTY, Reporter: Rwanda has sent indictments to Australia for
both men. |
01:53 |
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JOHN BOSCO SIBOYINTORE, GENOCIDE FUGITIVE TRACKING UNIT: We invite the Australian police, together
with the prosecution, to come to Rwanda. |
01:57 |
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BEN DOHERTY, Reporter: Is the Australian government doing enough to
bring alleged perpetrators to justice? |
02:04 |
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GRAHAM BLEWITT, FORMER WAR CRIMES PROSECUTOR: It's just a
lack of a political will to do something about it, and frankly, that has to change. |
02:09 |
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BEN DOHERTY, Reporter: We go back to Rwanda to search for answers. |
02:15 |
Title: |
Music |
02:20 |
Frida
walking to school for talk. Super: |
FRIDA UMUHOZA, GENOCIDE SURVIVOR: Oh hi, this is Frida
Umuhoza. BEN DOHERTY, Reporter: Frida Umuhoza is visiting a school in
Melbourne to talk to teenagers about genocide. |
02:30 |
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DIANA: "Oh, we got to connect you to the internet." |
02:56 |
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BEN
DOHERTY, Reporter: At just 14, she was
the only member of her family to survive Rwanda’s 1994 genocide against its
Tutsi minority. |
02:59 |
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DIANA: "Can you please put your hands together and
welcome Frida?" FRIDA UMUHOZA: "Good afternoon." |
03:09 |
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BEN DOHERTY, Reporter: Frida first learned that Tutsis were hated
when she started school. |
03:23 |
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FRIDA UMUHOZA: "Every three months, every term the
beginning of the term, the principal of the school would come into every
class and count how many Tutsis and how many Hutus are in that class. |
03:27 |
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And
we were made fun of. We were called snakes; we were called cockroaches. So
really, we were less than human beings to them." |
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Archival.
Rwanda |
BEN
DOHERTY, Reporter: Belgium, the former
colonial power, favoured Rwanda’s minority Tutsi ethnic group over the
majority Hutus, and there had been longstanding tension and violence between
the two. |
03:50 |
Archival.
Plane wreckage |
RADIO ARCHIVE FROM 1994: Rwandan officials say the plane
was shot down. |
04:01 |
Archival.
Juvénal Habyarimana |
BEN
DOHERTY, Reporter: The assassination
of Rwanda’s Hutu president, Juvénal Habyarimana in April 1994, was the
catalyst for genocide. |
04:08 |
Hutus
attack Tutsis |
Hutu militia and civilians murdered their Tutsi
neighbours, as well as many moderate Hutus. |
04:16 |
Aftermath
of massacres. Super: 1994 radio broadcast |
RWANDA RADIO ARCHIVE FROM 1994: Come let us rejoice! The
cockroaches have been exterminated! |
04:25 |
|
BEN DOHERTY, Reporter: Nothing and nowhere was sacred in this
state-sponsored genocide. |
04:39 |
Archival.
Chris Masters for 4 Corners |
Four Corners was reporting on the massacres. |
04:49 |
Super:
Four Corners, 1994 |
CHRIS MASTERS, FOUR CORNERS REPORTER, 1994: It's very,
very hard to comprehend what it's like to be here. It's very, very hard to be
here. |
04:54 |
Frida
addressing school. Super: |
FRIDA UMUHOZA, GENOCIDE SURVIVOR: You do not know what
feeling you have, knowing that few hours from now you're going to die. They
finished killing our neighbours, and then they got to us. You could choose --
do you want to be killed with a machete, a club or a knife, or a big tree
with nails? And I picked a young man with a club. And I said, please don't
use a machete on me. |
05:06 |
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The
one image that tormented me for years was my mother's head being chopped off.
Once he hit me, I lost my consciousness. I didn't wake up until everybody had
died and they are burying. Long story short, I made it out on my own. So, ladies and gentlemen, that’s my
story. And God bless all of you. |
05:33 |
Archival.
Bodies in river |
BEN
DOHERTY, Reporter: At least two thirds
of Rwanda’s Tutsi population – more than half a million people -- were killed
in just over one hundred days. It only ended when a Tutsi rebel army took
control of the country. |
06:14 |
Frida
interview with Ben in school auditorium |
Survivors had to rebuild their lives knowing that some of
the people who committed these crimes escaped justice. |
06:31 |
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FRIDA UMUHOZA: Are these people, do they watch us? Do
they know where we are? So, a lot of people live with monsters in their
lives, in their sleep, in their everyday life. |
06:38 |
Frida
walking to car |
BEN
DOHERTY, Reporter: After the genocide
ended in July 1994, up to two million people fled Rwanda, including an
unknown number of the killers. |
06:50 |
Ben
driving with Frida |
I’ve been told that two alleged perpetrators are here in
Australia. |
07:02 |
Frida
pours coffee |
FRIDA UMUHOZA: "You say you don’t drink, no milk,
nothing?" BEN DOHERTY, Reporter: "No milk."… One came from the same
district in southern Rwanda as Frida, and I want to ask her about him. |
07:15 |
Ben
shows Frida document. Super: |
Frida,
we've obtained a copy of this 2017 indictment. This was sent by the Rwandan
government to the Australian government. It's an indictment and an
international arrest warrant for a man called Celeste Munyaburanga. Celestin
Munyaburanga was from Nyanza, which is the district in Rwanda… FRIDA
UMUHOZA: Where I’m from. BEN
DOHERTY, Reporter: …where you come
from. It says now that he's in Canberra.
We can’t find him. |
07:26 |
Frida
reads document |
We're
interested if you could look at that document to see if anything in there is
familiar, and if anything you recognise. |
07:52 |
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The
indictment alleges that Munyaburanga set up a roadblock with soldiers in a
neighbourhood called Hanika, where at least 20 Tutsis were killed with
traditional weapons, like machetes and clubs. |
08:01 |
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FRIDA UMUHOZA: Yeah, I know Vanessa
Rugero, because they are extended family of mine. |
08:17 |
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BEN DOHERTY, Reporter: That's a family member of yours. FRIDA UMUHOZA: Yeah. |
08:22 |
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BEN DOHERTY, Reporter: I appreciate it's very difficult to read.
I'm sorry. FRIDA UMUHOZA: It is. |
08:30 |
Frida
makes phone call |
BEN DOHERTY, Reporter: Frida didn’t know Munyaburanga. He wasn’t
involved in the attack on her family. But she knows many other survivors who
come from Nyanza. |
08:39 |
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MAMA CITRON: "Hello?" FRIDA UMUHOZA ON PHONE: "Hello, Mama Citron." BEN DOHERTY, Reporter: She’s speaking to a school friend’s mum. |
08:49 |
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FRIDA UMUHOZA: "Munyaburanga?" MAMA CITRON: "Yeah, he killed." BEN DOHERTY, Reporter: She wasn’t an eyewitness, but she’s heard
the allegations. |
08:57 |
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MAMA
CITRON: We were even neighbours. I worked with his wife before the genocide. |
09:09 |
Ben
listens and takes notes |
BEN
DOHERTY, Reporter: Frida’s told that
Munyaburanga used to be the headmaster of a local school and that he may have
absconded while waiting for his trial in a community court, which later
sentenced him to life imprisonment. I
want to learn more about the allegations, so we’re going to Rwanda. |
09:13 |
Ben
onto plane |
Music |
09:33 |
|
BEN DOHERTY, Reporter: Pursuing
justice for crimes committed by tens of thousands of people hasn’t been
straightforward. |
09:42 |
Archival.
International Criminal Tribunal for Rwanda hearing |
JUDGE,: "How
do you plead to count one, genocide?" DEFENDANT: "I plead, “Not guilty.”" |
09:50 |
|
BEN
DOHERTY, Reporter: The major players
were hunted down and prosecuted at the International Criminal Tribunal for
Rwanda. It took two decades to convict
61 people. |
09:58 |
Archival.
Crowds of men in jail |
In Rwanda, the justice system simply couldn’t cope with
tens of thousands of alleged perpetrators held for years without trial in
overflowing jails. |
10:10 |
Archival.
Foreign Correspondent report. Super: |
JONATHAN HOLMES, Reporter: Over there are lavatories,
perhaps two of them, and I’m told there are two more upstairs – that’s for
8,000 people. It’s the most extraordinary scene I’ve ever seen in my life and I hope I never see anything like it again. |
10:26 |
Rwandan
village, community court in progress |
BEN
DOHERTY, Reporter: So, it adopted a
radically different approach to justice, based on its own system of
traditional community courts. |
10:39 |
|
They were known as gacaca, or grass courts and they
emphasised forgiveness and reconciliation as much as justice and
punishment. There were no lawyers –
and anyone could speak up for or against the accused, with frequent interruptions. |
10:52 |
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The verdict was decided by a panel of lay judges elected
by their own communities. |
11:17 |
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By the time they concluded in 2012, more than 12,000
gacaca courts had tried over a million cases.
Critics in the west argued it was often rough, and rushed, justice. |
11:26 |
Archival.
Foreign Correspondent interview with President. Super: |
But Rwandan President Paul Kagame doesn’t think much of
foreign critics. |
11:45 |
|
PAUL
KAGAME, PRESIDENT OF RWANDA: They don’t care what happens to you, as they
didn’t care during the genocide. |
11:50 |
Super:
JENNIFER BYRNE |
JENNIFER
BYRNE, FOREIGN CORRESPONDENT REPORTER, 2002: So, when someone starts to
lecture you on the international standards of justice… PRESIDENT
PAUL KAGAME: I cannot accept a lecture from any of those people. |
11:55 |
Portrait
of Kagame |
BEN DOHERTY, Reporter: Rwanda’s search for justice is complicated
by its history – and its president. |
12:02 |
Archival
Kagame, 1994 with Tutsi army |
PAUL KAGAME ARCHIVE 1994: We’ve been saying if the
ceasefire doesn’t have any meaning... BEN DOHERTY, Reporter: In 1994, Paul Kagame was seen as Rwanda’s
saviour. |
12:10 |
|
He
commanded the rebel Tutsi army that ended the genocide. Ever since, Rwanda has been a de facto
one-party state ruled by the Rwandan Patriotic Front and its leader. |
12:18 |
Kagame
election |
He’s been accused of imposing a so-called victor’s
justice – pursuing genocide suspects, while consistently failing to prosecute
crimes committed by his own army. |
12:40 |
Bodies
after massacre |
Tens of thousands of Hutus were also killed by Kagame’s
troops in retaliatory attacks, |
12:55 |
Gittoes'
photos |
such as the infamous Kibeho Massacre in 1995,
photographed by Australian artist George Gittoes. |
13:02 |
Kagame
greets Rishi Sunak at 10 Downing Street |
Kagame’s government has brought stability and significant
economic development to Rwanda. |
13:18 |
Counting
votes in Rwanda |
MAN: Kagame Paul.
Kagame Paul. Kagame Paul... |
13:26 |
|
BEN
DOHERTY, Reporter: But elections are
marred by intimidation and fraud, journalists have been jailed… |
13:31 |
Noel
Zihabamwe news interview. |
NEW
PRESENTER: Do you have any hopes that you will see your brothers alive? BEN
DOHERTY, Reporter: ..and dissidents say they’re being
pursued, even on the other side of the world. |
13:37 |
|
NOEL ZIHABAMWE: I don’t think there’s any hope to find them
alive. |
13:44 |
Doherty
driving past school with Michee to meet Golithi |
BEN DOHERTY, Reporter: So, we’re treating the allegations against
both men in our investigation carefully. |
13:48 |
|
Local
journalist Michee Urinzwenimana is helping with our investigation into the
alleged perpetrators believed to be in Australia. |
14:01 |
|
MICHEE
URINZWENIMANA IN CAR: So, this school
is called Hanika – it’s the school where Munyaburanga was headmaster. BEN
DOHERTY IN CAR: This is the school here, these buildings? |
14:11 |
|
MICHEE URINZWENIMANA: This is the area where Munyaburanga
lived. |
14:21 |
1 |
BEN DOHERTY, Reporter: We’re on our way to meet a woman who once
attended Munyaburanga’s school. MICHEE URINZWENIMANA: Now this is where Golithi family
live. |
14:35 |
Ben
and Michee greet Golithi |
BEN
DOHERTY, Reporter: Hello,
Golithi. Sorry we are late, to keep
you waiting, I apologise. It's nice to see you. How are you? |
14:45 |
|
BEN
DOHERTY, Reporter: Marie Golithi
Uwisenga was only 12 years old when the killing started. She says 14 members
of her family were murdered during the genocide. |
14:55 |
Golithi
and female family members meet with Ben |
She’s invited her mother, her aunt
and her cousin to talk about the former headmaster. |
15:04 |
|
REHEMA: We think of him as someone who was our neighbour,
but he became a bad neighbour. |
15:20 |
Ben
shows Golithi indictment |
BEN DOHERTY, Reporter: Golithi recognises many of the names in Munyaburanga’s
indictment. |
15:25 |
|
MARIE GOLITHI UWISENGA: Joseph Gapfizi – my uncle. My
brother. Alphonse Karemera – my
brother. Nkurikiyinka Sitefano -
Daddy. My daddy. BEN DOHERTY, Reporter: This is your father? |
15:31 |
|
MARIE GOLITHI UWISENGA: Yes. There are others who aren’t
here. |
15:46 |
|
BEN
DOHERTY, Reporter: Golithi claims
Munyaburanga was in charge of the nearby roadblock,
and personally led attacks. This isn’t something that’s mentioned in the
indictment. |
15:49 |
Golithi
interview |
BEN
DOHERTY, Reporter: Can you tell me how
Munyuburunga did this? How did he make these people do what he wanted them to
do? |
15:59 |
|
MARIE
GOLITHI UWISENGA: Munyaburanga would give orders for who to kill and who to
leave. “Take that one back, we’ll kill
them later.” Or,
“Finish this one at once.” He’d order
how to kill, with a gun or club. Munyaburanga even had a gun. |
16:05 |
|
MICHEE URINZWENIMANA: How do you know this? MARIE GOLITHI UWISENGA: I knew it because I was one of
the people targeted. I’d see it from a distance when I was hiding in the
sorghum plantations, although he didn’t see me. |
16:19 |
Chaliroti
interview |
BEN DOHERTY, Reporter: Golithi’s cousin Chaliroti says she also
witnessed Munyaburanga giving orders. |
16:33 |
|
CHALIROTI: Munyaburunga did a lot of harm to us. Once I
saw him with my own eyes taking my brother. They struck him on his shoulders
and blood spilled out. I was afraid, and I ran away. |
16:39 |
|
Music |
16:56 |
Ben
to women |
BEN DOHERTY, Reporter: If you could speak with Celestin
Munyaburanga, what would you say to him? |
17:05 |
|
MARIE GOLITHI UWISENGA: What can I tell him? I am afraid
of him. |
17:14 |
|
BEN DOHERTY, Reporter: If Munyaburanga was brought back to Rwanda
and went before a court, would you be prepared to give evidence against him? |
17:19 |
|
MARIE
GOLITHI UWISENGA: Yes. |
17:25 |
|
DAPHROSE: If he
comes when we are still living. |
17:27 |
|
Music
|
17:33 |
Driving
to meet Manassé |
|
17:38 |
|
BEN
DOHERTY, Reporter: I want to meet one
of the perpetrators named in the indictment – a man who was involved in the
killing of Golithi’s family. |
17:43 |
Ben
and Michee walking with Manassé into forest |
MANASSÉ MUSABYIMANA: I want this to be done well. MICHEE URINZWENIMANA: There’s no problem, no problem. |
17:55 |
|
BEN
DOHERTY, Reporter: Manassé Musabyimana
says he didn’t see his former headmaster kill anyone, but it was Munyaburanga
who recruited him to man the roadblock where most of the killing took place. |
18:02 |
|
BEN DOHERTY, Reporter: OK, we sit here? |
18:15 |
Ben
shows Manassé document |
This is a document sent to the Australian government and
they say your name here, Manassé… MANASSÉ MUSABYIMANA: Yes. |
18:23 |
|
BEN
DOHERTY, Reporter: And they say that
you, with Celestin and other Interahamwe looked for Tutsis. You remember
these people? MANASSÉ
MUSABYIMANA: Yes, of course! |
|
|
BEN DOHERTY, Reporter: What do you know about these people? MANASSÉ MUSABYIMANA: I know all of them. Yes, all of them. BEN DOHERTY, Reporter: This is Golithi’s family? |
18:43 |
|
MANASSÉ
MUSABYIMANA: Yes, it is. This is her
father, this is her brother, this is her paternal uncle, this is her paternal
uncle, this is her brother, this is her brother, this is her paternal uncle. BEN
DOHERTY, Reporter: And you
participated in killing these people? |
18:51 |
|
MANASSÉ MUSABYIMANA: They were among the things I
confessed to. |
19:09 |
|
BEN DOHERTY, Reporter: Did you personally kill any of these people? MANASSÉ MUSABYIMANA: No, but I saw it happening. |
19:16 |
|
BEN DOHERTY, Reporter: Manassé says he spent 20 years in prison
after being tried in gacaca. |
19:23 |
|
MANASSÉ MUSABYIMANA: I reported myself, admitted my role
and asked for forgiveness because what happened was so bad. It’s something
that continues to hurt me. |
19:28 |
Driving
shots |
Music |
19:48 |
|
BEN DOHERTY, Reporter: Munyaburanga isn’t the only wanted man we’ve
come here to investigate. |
19:56 |
|
Rwanda is seeking another alleged perpetrator in
Australia. And it’s someone Michee has
already reported on for a local news outlet. |
20:02 |
Ben
and Michee at hotel |
BEN
DOHERTY, Reporter: How did you first
find out there was an alleged genocidaire living in Australia? |
20:11 |
Super: |
MICHEE URINZWENIMANA: There's someone living in
Australia, Rwandan community in Australia...
BEN DOHERTY, Reporter: Back in 2020 Michee says he got a tip-off
about a man called Froduald Rukeshangabo. |
20:16 |
Michee
shows photos of Rukeshangabo on laptop |
MICHEE
URINZWENIMANA: Look, this is my story. Look.
This the photo of him before genocide.
And this is recent one. BEN
DOHERTY, Reporter: We’ve obtained even
more recent pictures of Rukeshangabo in Australia. |
20:27 |
Rukeshangabo
exiting driving instruction car, crossing road |
Music
|
20:41 |
|
BEN
DOHERTY, Reporter: Michee learned that
he used to be a district school inspector – another educated and respected
man – who's now accused of being involved in several murders in his community
during the very first days of the genocide.
In Brisbane, he’s now a driving instructor. We know he emigrated to
Australia on a humanitarian visa in 2009, and that he’s well known within
Queensland’s small Rwandan community. |
20:46 |
Driving
out of hotel to meet with Reverien Iryaruranga |
Like Munyaburanga, we’ve been told Rukeshangabo was
convicted in absentia by a gacaca court. |
21:16 |
|
We want to find out what evidence emerged during his
trial. Reverien Iryaruranga was one of
the 5 lay judges known as Inyangamugayo or “persons of integrity” who would
decide whether Rukeshangabo was innocent or guilty. He says he oversaw hundreds of trials; we want to
know what he remembers about Rukeshangabo’s. |
21:25 |
Meeting
with Reverien, reading notebook |
BEN DOHERTY, Reporter: So, this is the testimony from survivors or
perpetrators, or who was giving this testimony? |
21:52 |
|
REVERIEN IRYARURANGA: This was testimony of genocide
perpetrators. |
22:00 |
|
BEN
DOHERTY, Reporter: These are the
original handwritten notes he took as witnesses testified - some of them more
than 20 years ago. |
22:04 |
|
REVERIEN IRYARURANGA: This was an attack that was led by
Rukeshangabo. BEN DOHERTY, Reporter: But the notes are incomplete, and Reverien
sometimes relies on his memories of the trial. |
22:11 |
Reverien
interview |
The
former lay judge says Rukeshangabo was accused of being involved in six
murders during his gacaca trial. He
heard testimony accusing the former school inspector of leading attacks. |
22:20 |
|
REVERIEN IRYARURANGA: According to the testimony against
him, it shows that he was a significant figure. |
22:31 |
|
BEN DOHERTY, Reporter: Did people see him give orders? |
22:37 |
|
REVERIEN IRYARURANGA: For me, I heard it from other
perpetrators who worked with him, when they were confessing. |
22:40 |
|
BEN DOHERTY, Reporter: How many witnesses gave evidence against
Rukeshangabo? |
22:46 |
|
REVERIEN IRYARURANGA: The people who testified against
Rukeshangabo... There were around ten. |
22:49 |
|
BEN DOHERTY, Reporter: Did anybody speak in Rukeshangabo’s defence? |
22:59 |
|
REVERIEN IRYARURANGA: No one, no one spoke in his
defence. |
23:02 |
|
BEN DOHERTY, Reporter: Experts say that’s not uncommon for in
absentia cases. |
23:05 |
Ben
and Michee to meet with Alphonse Hategekimana |
BEN
DOHERTY, Reporter: We’ve tracked down
one of the perpetrators who testified against Rukeshangabo… Alphonse
Hategekimana was convicted over a murder he says happened on Rukeshangabo’s orders, and sentenced to 7 years in prison. |
23:11 |
Alphonse
interview |
BEN DOHERTY, Reporter: Was it important for you that you took
responsibility and accepted what you'd done? |
23:37 |
|
ALPHONSE HATEGEKIMANA: It was necessary. Had it not been for the reconciliation…
there would still be hatred between us. |
23:42 |
|
BEN
DOHERTY, Reporter: Alphonse claims
that after the Hutu President was assassinated, Rukeshangabo targeted men he
accused of spying for the Tutsi rebels.
Two days later, Alphonse alleges Rukeshangabo led a mob that caught a
father and son, Deo and Gilbert, and beat them to
death. |
23:54 |
|
ALPHONSE HATEGEKIMANA: They told us there was another one
called Mwuvaneza. They said we have to go look for
him, that he was in contact with Tutsi rebels. When we got there, we found his younger
brother and caught him. Rukeshangabo told me to beat him, and I beat him. He
was called... He was called Bizimungu. |
24:13 |
|
BEN DOHERTY, Reporter: When you beat Bizimungu, you hit him with
your fists or with a stick? How did you beat him? |
24:47 |
|
ALPHONSE HATEGEKIMANA: It was a piece of wood that had
been cut from the eucalyptus plantations. They had cut them that same
morning. A big piece of wood. It was not a small stick. I beat him three
times with a stick, and Rukeshangabo said that it wasn’t enough. He hit him
with the stick and he fell down. |
24:54 |
|
BEN
DOHERTY, Reporter: He claims other men
in the mob continued to beat Bizimungu. |
25:27 |
|
ALPHONSE HATEGEKIMANA: He died like that. MICHEE URINZWENIMANA: He passed away? ALPHONSE HATEGEKIMANA: Yes, he passed away. |
25:31 |
|
If the leaders did not participate, a mere citizen would
not decide to kill their neighbour.
It’s not fair that he hasn’t been punished. |
25:45 |
|
Music |
26:03 |
Ben
and Michee walk with Yoweri |
YOWERI GATARAYIHA: It was in the morning. They found my
younger brother here and they killed him over here. BEN DOHERTY, Reporter: Yoweri Gatarayiha was Bizimungu’s older
brother. He didn’t witness the killing. |
26:12 |
|
YOWERI
GATARAYIHA: We found his body over there, they’d
thrown him in the toilet down there. |
26:26 |
|
BEN DOHERTY, Reporter: How many members of your family died in the genocide? |
26:32 |
|
YOWERI GATARAYIHA: All of them. In total there were 24. |
26:36 |
Ben
shows Yoweri photos of Rukeshangabo |
BEN
DOHERTY, Reporter: Can I show you
these photographs; can I ask you, do you know who
this man is? YOWERI
GATARAYIHA: This is Rukeshangabo. For
sure. But he’s old. |
26:50 |
Driving
shots |
Music |
27:10 |
|
BEN
DOHERTY, Reporter: After months of
negotiation, we’ve finally been granted access to the official court records
from Rukeshangabo’s trial in 2007. The
Gacaca Archive is kept in the Ministry of National Unity and Civic Engagement
in the capital, Kigali. |
27:24 |
Ben
and Michee to Gacaca Archive with Vincent. Super: |
VINCENT
RWAMUHIZI, GACACA DOCUMENTATION OFFICER: So this is
one of eight rooms that we have, I’ve told you we have more than eight rooms
of archive. So
this… we have nine districts in this room, including Ngoma. So we are looking
for Rukeshangabo case, which will be around here. Yeah, this is the box. BEN
DOHERTY, Reporter: This one? Rukeshangabo’s file is in here? We can take it down? VINCENT
RWAMUHIZI: You can take it down. It’s very heavy. BEN
DOHERTY, Reporter: Oh yeah, very
heavy. |
27:44 |
Ben
and Michee search through files |
OK. Alright, so the case could be in any of these files. VINCENT RWAMUHIZI: Any of these books, yes. We have to go through all the books. MICHEE URINZWENIMANA: So we
search. VINCENT RWAMUHIZI: You search. We read, you’ll be looking for the name,
Rukeshangabo Froduald, yes. |
28:26 |
|
MICHEE URINZWENIMANA: It’s not easy. VINCENT RWAMUHIZI: It’s not easy. BEN DOHERTY, Reporter: I can see why this would take a long
time. |
28:39 |
|
Music |
28:45 |
|
BEN DOHERTY, Reporter:
I feel like the yellow ones were early. |
28:58 |
|
Music |
29:00 |
|
BEN DOHERTY, Reporter:
Where are you? Where are you? |
29:04 |
|
Music
|
29:08 |
Ben
to camera |
BEN
DOHERTY, Reporter: You get a very
strong sense of the history, of a first draft of history, reading through
these books. And somewhere in these pages, somewhere in this box is the
record of the alleged activities of a man who now lives in suburban Brisbane. |
29:14 |
Siting
through files continues |
Music
|
29:32 |
|
BEN
DOHERTY, Reporter: We are going well,
we’ve found… Yeah, yeah. We just
haven’t found… Rukeshangabo!! MICHEE:
Oh, we find it! BEN
DOHERTY, Reporter: There he is – Rukeshangabo, Froduald, born in 1956.
Extraordinary. Vincent, we have found him. |
29:37 |
Ben
shows book to Vincent |
BEN DOHERTY, Reporter: I’d been warned not to expect anything that
reads like an Australian court transcript. It’s not always a complete record
of a trial – and the evidence often emerges over several years and across
different trials. |
30:01 |
|
BEN DOHERTY, Reporter: This is a witness, giving their statement. VINCENT: Yes, they give their statement. BEN DOHERTY, Reporter: In the two pages we find about Rukeshangabo,
I don’t see any mention of Alphonse, or Bizimungu, the man he says
Rukeshangabo ordered him to attack. But many of the names we’ve been told
about are here, including Deo and Gilbert, the father and son allegedly
killed before Bizimungu. |
30:13 |
|
MICHEE URINZWENIMANA:
And here’s Reverien, the one who talked to us. BEN DOHERTY, Reporter: Ah, here’s Reverien. |
30:34 |
|
We
can’t find any reference to Rukeshangabo leading the genocide in his
community. But at least 10 alleged
victims are listed here – several more than the former lay judge mentioned.
We’re still looking for the verdict... Here we go. |
30:40 |
Vincent
reads judgment from file |
VINCENT RWAMUHIZI: We got it. BEN DOHERTY, Reporter: You got it. VINCENT RWAMUHIZI: Yes.
Got the judgment. BEN DOHERTY, Reporter: What does the judgement say? VINCENT RWAMUHIZI: They say that after the sitting, after
the bench sitting, they found that Rukeshangabo was guilty and have sentenced
him 30 years of imprisonment. BEN DOHERTY, Reporter: 30 years? VINCENT RWAMUHIZI: Yeah, we are done. |
30:58 |
|
Music |
31:22 |
GFX
Text of judgment |
BEN
DOHERTY, Reporter: In November 2007,
Froduald Rukeshangabo was found guilty in the Gacaca court of: “Being well
known for murder; dragging dead bodies and burning them.” The conviction does
not record which deaths he was held responsible for. |
31:25 |
Ben
takes photo of judgment |
Rwandan prosecutors say that anyone already convicted in
gacaca will be entitled to a fresh trial if they’re extradited. |
31:42 |
Vincent
returns box to archive |
Music |
31:50 |
Driving
into NPPA |
BEN DOHERTY, Reporter:
Rwanda’s National Public Prosecution Authority says it has pursued
more than 1100 genocide suspects across 33 countries. What have they done
about the two Rwandans we’re investigating? |
32:01 |
Siboyintore
greets Ben |
JOHN BOSCO SIBOYINTORE, NATIONAL PUBLIC PROSECUTION
AUTHORITY: Yes hello? BEN DOHERTY, Reporter: Mr Sibyintore, thanks so much for finding
the time to meet with me today. Much
appreciated. Thank you very much. BEN DOHERTY, Reporter: Prosecutor John Bosco Siboyintore has led
Rwanda’s Genocide Fugitive Tracking Unit for more than a decade. |
32:17 |
Siboyintore
and Ben stand at window |
I
ask him about Celestin Munyaburanga, whose indictment for at least 21 alleged
murders was sent to Australia in 2017. |
32:29 |
Siboyintore
interview. Super: |
JOHN BOSCO SIBOYINTORE: We invite the Australian police
together with the prosecution to come to Rwanda, because it's where the crime
scene is located. It's where witnesses will be found. This is an issue of an international
nature, this is genocide. |
32:39 |
|
BEN DOHERTY, Reporter: What ultimately happened in his gacaca court
trial? |
32:58 |
|
JOHN
BOSCO SIBOYINTORE: His case was tried in his absence, and he was actually on
13th of May, 2008, he was convicted to life
imprisonment by the court of Busasamana. We have identified another fugitive
in Australia in the name of Froduald Rukeshangabo and we did our thorough
investigations. We came up with the decision of indicting him. |
33:01 |
Rukeshangabo
getting out of car and walking to bus shelter |
BEN
DOHERTY, Reporter: Four Corners has
confirmed that an indictment for Rukeshangabo was received by the Australian
government in January – we haven’t seen it. JOHN
BOSCO SIBOYINTORE: We will leave no
stone unturned until justice is done. |
33:38 |
Siboyintore
interview |
When a country is not prosecuting a genocide case, when
it has been asked to do so, it should know that it's giving safe haven to other perpetrators to come and enjoy that
safe haven. It beats every sensible
person's understanding, and they need to face the law. |
33:58 |
Ben
making highlighting document |
Music
|
34:25 |
|
BEN
DOHERTY, Reporter: But President
Kagame has been accused of using the search for genocide suspects to attack
his political enemies abroad. |
34:29 |
Ben
to camera |
We’ve
learned of two Rwandan men living in New Zealand – both significant political
players in the pre-genocide regime – who've been accused of crimes by Rwandan
prosecutors. But according to
documents we’ve seen, when authorities in NZ investigated, they found there
was no case to answer. |
34:38 |
Foggy
London view. Ben walking across bridge |
Music
|
35:00 |
|
BEN
DOHERTY, Reporter: Before I head back to find out what the Australian
government knows about these cases, there are a couple of people I want to
meet here in London. |
35:05 |
Phil
Clark interview |
BEN
DOHERTY, Reporter: Has the Rwandan
government politicised, even weaponized allegations of genocide, to pursue
political enemies? |
35:16 |
Super: |
PROF.
PHIL CLARK: The fact that we've also seen Rwandan government assassinations
of political opponents abroad, the sometimes-violent infiltration of diaspora
communities, that activity alongside the pursuit of genocide fugitives, I
think raises all sorts of concerns about the justice process. And actually, I tend to think that the justice process is
quite robust. I think the genocide fugitive tracking unit tends to act more often than not when it has pretty robust evidentiary
reasons to pursue certain suspects. |
35:23 |
Phil
Clark, Nicola Palmer and Ben |
BEN
DOHERTY, Reporter: Australian Dr Phil
Clark is a professor of international politics and has spent two decades
studying the gacaca courts. His wife, Dr Nicola Palmer, teaches international
criminal law and tracks the Rwandan government’s pursuit of genocide suspects
around the globe. |
35:57 |
|
BEN
DOHERTY, Reporter: How robust are
these trials from a legal point of view? |
36:13 |
Super:
DR NICOLA PALMER |
DR NICOLA PALMER: I think the information that they
provide is as robust as any other testimony. If you spoke in gacaca, you
spoke under your own name, you were immediately recognised, and so you really
had to be able to defend what it was that you said. |
36:18 |
Gacaca
in progress |
BEN
DOHERTY, Reporter: But critics,
including Human Rights Watch, have argued that a fair trial wasn’t guaranteed
at gacaca. They focus on the lack of legal representation for the accused,
the potential for corruption and the use of hearsay evidence. |
36:32 |
|
PROF PHIL CLARK: I think one of the interesting things
here is that international lawyers and international human rights groups
hated gacaca at the outset. |
36:50 |
Phil
Clark |
And
yet, almost every international trial that relates to Rwandan genocide cases
has ended up using gacaca evidence.
This was a system that tested evidence that led to a 30% acquittal
rate, that was in some ways often heavily skewed towards the genocide suspect,
because most of the judges in question were Hutu. |
36:59 |
|
Even
in those in absentia cases it didn't guarantee that these individuals would
be found guilty. In fact, we have plenty of evidence to suggest it was
possible to defend yourself even from a distance. |
37:23 |
|
BEN
DOHERTY, Reporter: Australia's
received one indictment from the Rwandan government. It may receive more in
the future. How should countries like Australia respond to those indictments? |
37:34 |
|
PROF. PHIL CLARK: My own sense is that extradition is the
best response in these cases, if there is sufficient prima facie evidence to
suggest that a trial is necessary. But if that is not possible for all sorts
of reasons, then I think it's the responsibility of those host countries,
like Australia, to find a way to deal with these cases through their own
courts. |
37:45 |
Nicola
Palmer |
DR NICOLA PALMER: I think one has to
be cautious, as we've said, around the evidence that is initially presented
in the indictment. But I do think it prompts and warrants further
investigation. |
38:08 |
Gacaca
in progress |
PROF PHIL CLARK:
If you were a poor peasant farmer accused of genocide crimes on the
Rwandan hills, you got prosecuted through gacaca. But there's been a
completely different process for those who were wealthy enough to escape the
country. Most of them have avoided scrutiny completely. |
38:27 |
Phil
Clark |
Many of these individuals undoubtedly are innocent, but
they should have their day in court and they should
have to answer for the accusations against them just as genocide suspects who
were caught inside Rwanda had to do so in front of gacaca. |
38:42 |
|
Music |
38:54 |
Ben
making phone call to Rukeshangabo |
BEN DOHERTY, Reporter: We first reached out to Froduald
Rukeshangabo back in November. FRODUALD RUKESHANGABO: Hello. BEN DOHERTY, Reporter: Ah, good afternoon. Is that Froduald Rukeshangabo speaking? FRODUALD RUKESHANGABO: This is Froduald, how are you? BEN DOHERTY, Reporter: Mr Rukeshangabo, my name is Ben Doherty… |
39:08 |
|
The allegations have been around since articles first
appeared online a few years ago, dismissed by some in the diaspora as politically
motivated. Australia’s small Rwandan
community is deeply divided. |
39:23 |
|
FRODUALD RUKESHANGABO: What is your position in this
matter? |
39:36 |
|
BEN
DOHERTY, Reporter: Mr Rukeshangabo, I
don’t have a position in this matter, I’m making no judgements about this,
but these are very serious matters, and I wanted to put those to you if that
was possible… Mr Rukeshangabo are you there? |
39:39 |
|
He’s hung up. Last month, after our visit to Rwanda, we sent him a
detailed list of the allegations against him and repeated our request for an
interview. |
40:00 |
Rukeshangabo
walking. On screen text: I
respectfully decline to participate in interview and the process / project. |
He
replied: “I respectfully decline to participate in interview and the process
/ project.” |
40:12 |
On
screen text: I am aware of false allegations and smear campaigns that have
been aimed at myself, my family, and the extensive Rwandan refugee community
over the past few years.” |
In
an earlier message he said: “I am aware of false allegations and
smear campaigns that have been aimed at myself, my family, and the extensive
Rwandan refugee community over the past few years.” |
40:20 |
Dunja
and Ben look at timeline |
DUNJA KARAGIC, FOUR CORNERS RESEARCHER: So, I’ve put
together this timeline on Rukeshangabo… BEN DOHERTY, Reporter: We’re not making any assumptions about the
truth of these allegations, but how did someone accused of genocide in Rwanda
manage to become an Australian citizen?
My colleague Dunja Karagic has been looking into the effectiveness of
our screening. |
40:34 |
|
DUNJA KARAGIC: OK,
so his conviction happens in 2007. In
2009 he arrives in Australia, but from what you’ve been told it’s very likely
that Australian authorities just didn’t have any information about his
conviction. |
40:51 |
|
BEN
DOHERTY, Reporter: But Rwandan
prosecutors have shown us a list, a gacaca fugitives database that has his
name on it and that was accessible from 2012.
That’s two years before he becomes a citizen ... |
41:03 |
|
DUNJA KARAGIC: Yeah, so in theory his name should have
been on the central Movement Alert List, that list used by immigration
authorities to flag people of suspicion from entering the country or from
getting citizenship. |
41:14 |
|
BEN DOHERTY, Reporter: So why wasn’t he picked up on that list
then? |
41:24 |
|
DUNJA KARAGIC: I mean we don’t know for certain if he was
or he wasn’t but I’ve spoken to several former
immigration staff who’ve raised problems with this list. |
41:26 |
|
BEN DOHERTY, Reporter: And they’re saying people just slipped
through the net? DUNJA KARAGIC:
Sometimes, yeah. |
41:33 |
|
Music |
41:39 |
Ben
to visit Graham Blewitt |
BEN
DOHERTY, Reporter: The man I’m going
to meet knows that in the past, suspected war criminals from conflicts such
as the Balkans, Sri Lanka and Cambodia, have found
sanctuary in Australia. |
41:41 |
Blewitt
at computer |
Graham Blewitt was the Deputy Prosecutor at the
International Criminal Tribunal for the Former Yugoslavia. But before that,
he ran the Special Investigations Unit, established in 1987 to investigate
the presence of alleged Nazi war criminals in Australia. |
41:57 |
Archival.
ABC News report on war crime investigations. Super: |
NEWSREADER: The
final chapter today, in Australia’s war crime investigations. Conducted over seven
years, at a cost of 17 million dollars, not one conviction was secured. |
42:14 |
|
ABC 7:30 REPORT ARCHIVE, 1994: Well
you put seven years of your life into this, Mr Blewitt - GRAHAM BLEWITT ON 7:30 REPORT: Well, it’s been a long
road. I’m very disappointed the cases ended the way they did. |
42:28 |
Ben
greets Blewitt |
BEN DOHERTY, Reporter: Hello Graham, Ben Doherty. |
42:41 |
Blewitt
interview. Super: |
GRAHAM
BLEWITT, FORMER WAR CRIMES
PROSECUTOR: Australia
has no permanent investigations unit, and that's why these allegations that
there are war criminals living in Australia are not attended to. |
42:51 |
|
BEN
DOHERTY, Reporter: Graham points out
that countries like the United States, Canada and Great Britain do have
permanent war crimes investigations units. |
43:02 |
|
GRAHAM BLEWITT:
And if allegations arise within their country, then they are able to investigate and bring prosecutions, and these
are happening. |
43:10 |
|
BEN
DOHERTY, Reporter: You've seen these
allegations made against two men believed to be living in Australia. What do
you make of these two cases? GRAHAM
BLEWITT: Just looking at the material, the allegations are certainly serious. |
43:22 |
|
And I believe the Australian government should do
something about it. We should be part of this team, international team,
bringing war criminals to justice. |
43:33 |
|
Music
|
43:43 |
GFX:
|
BEN
DOHERTY, Reporter: The Attorney
General declined our interview request, but a spokesperson said: “The Australian
government is committed to tackling serious international crimes and takes
allegations of genocide very seriously.” |
43:47 |
GFX:
|
And a spokesperson for the Home Affairs
minister said: “As is long-standing practice, we do not comment on
individual cases.” |
|
Frida
in kitchen preparing vegetables |
FRIDA UMUHOZA, GENOCIDE SURVIVOR: I’m still the same
person in the first bit of the film with no hair, and now I just bought
hair! It’s the way it works. You wake up in the morning you’ve got big
hair. |
44:09 |
|
BEN DOHERTY, Reporter: Frida Umuhoza understands how important
justice is to survivors. It’s why she’s been helping us look
into Celestin Munyaburanga, the alleged killer from her hometown. |
44:30 |
Frida
on phone to Ben |
FRIDA
UMUHOZA: Hello? BEN
DOHERTY, Reporter: Ah hello, Frida,
it’s Ben Doherty calling. FRIDA
UMUHOZA: Oh hi Ben, how are you? |
44:49 |
|
BEN
DOHERTY, Reporter: For months we’ve
been searching for traces of Munyaburanga in Australia, but I’m afraid we’ve
reached a dead end. |
44:57 |
|
I
think you know we identified a house in Queensland where his family lives,
there’s also a man who’s about the right age who was seen at the house… But
we don’t know for sure, we can’t confirm that it’s him. But we just don't
know, and I'm not sure we'll ever know for sure. |
45:04 |
|
FRIDA UMUHOZA: It is , but at
the same time it’s not surprising to me.
It’s even like, the guy who killed my father, I don’t really know
where he lives, I really don’t. Nobody knows where he is. |
45:21 |
|
BEN DOHERTY, Reporter: It’s 30 years since the genocide against the
Tutsi. It’s still really important to you that they
are held to account. |
45:36 |
|
FRIDA UMUHOZA: I think it doesn’t matter what age you
are. Because a lot of survivors still
living with their scars and wounds. |
45:45 |
Golithi
family members |
We’re all connected, we’re all of us are connected and
what the other person felt, we all felt.
Genocide is not a crime that grows old. |
45:54 |
|
Music |
46:07 |
Credits
[see below] |
|
46:18 |
Outpoint
|
|
46:41 |