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B.P. 269 Kigali - Tl. : 3430

Email : cndh@rwanda1.rw
Internet site: http://www.cndp.org.rw

REPORT ON INVESTIGATIONS CARRIED OUT BY THE NATIONAL COMMISSION FOR

HUMANA RIGHTS IN RUSIRO AND RUBAVU DISTRICTS ON THE FACTS PRESENTED IN
THE HUMAN RIGHTS WACTH (HRW)S REPORT OF JULY 2017

October, 2017
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I. INTRODUCTION
The Pursuant to the Constitution of the Republic of Rwanda of 2003 revised in 2005, in Article 12 which
provides that everyone has the right to life. No one shall be arbitrarily deprived of life; and Article 13 which
stupilates that: a human being is sacred and inviolable, the State has the obligation to respect, protect and
defend the human being;

In order to enhance human rights respect , Rwanda has put in place the Organic Law n 31/2007 of 25 July
2007 relating to the abolition of death penalty and its Article 2 states that such a penalty is abolished;

Given the Law N19/2013 of 25/03/2013 Law determining missions, organisation and functioning of the
National Commission forHuman Rights, in its Article 6 item One which confers to the Commission as a
mission to receive, examine and investigate complaints relating to human rights violations, and Article 5 item
2 that gives to it as a special mission to collaborate with other organs in designing strategies to prevent
violations of Human Rights;
Considering also that the right to life lies among those rights the Commission particularly monitors whether
cases are referred to it or on own initiative as per the provisions of Article 59, Items (a) and (b) of the Internal
Rules of the National Commission for Human Rights;

The Commission carried out investigations on 14-18 August 2017, on 22-25 August 2017 and on 28-31
August 2017 in Rubavu and Rutsiro Districts in order to obtain information complementing the investigation
that had been conducted on 19-23 July 2017 for knowing the truth on the facts contained in the report by an
independent human rights organization ( Human Rights Watch) published in July 2017;

The investigation targetted the Sectors of Nyabirasi, Boneza, Manihira, Musasa, Kigeyo and Kivumu in
Rutsiro District as well as the Sectors of Nyundo, Rugerero, Nyamyumba, Busasamana and Rubavu
in Rubavu District.
II. PURPOSE OF INVESTIGATION
To know the truth on the allegations contained in the HRW report entitled All Thieves must be Killed
and to know whether any orders for extrajudicial executions have been given.
to known the methodology by which HRW obtained the information contained in its report;
To know the truth the statements of HRW report according to which some people were killed.
III. INFORMATION COLLECTION METHODOLOGY
The Commission employed the following methodology in order to collect informmation on the facts contained
in the HRW report:
Meeting with families whose members are reported to have been killed, their neighbours and other
members of the population with information about those people;
Meeting with local authorities ( Village, Cell and Sector levels) for areas of residence of those
reported to have been killed;
Meeting the Authorities of Rubavu and Rutsiro Districts;
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Meeting with the Police Commanders for the Rubavu and Rutsiro Districts;
Meeting with Military Commanders for the Western Province;
Meeting with Police Commanders for the Western Province;
Meeting with the Reserve Force Commander for the Western Province;
Requesting for access to minutes for different meetings held on the dates referred to in the report
and obtaining copies thereof;
Taking photographs where possible.

IV. REPORT SUMMARY

This report describes in details the investigation that the Commission carried out about the content of the
HRW Report entitled All Thieves must Be Killed. The current report also talks about the ways and means
by which the HRW organization got to collect information as well as the reactions by the pupolation and
different authorities reaction on such information; the report, too, provides information in relation with the
statements by the HRW according to which some people were killed following extrajudicial execution.
The HRW report indicates that there were in Rubavu and Rutsiro Districts excutions and some of the victims
were accused of stealing items, drug smuggling, illegal border crossing, using illegal fishing nets referred to
as kaningiri, or of not attending the community works. Such a report also points out that some of the
executions were committed by the Military, Police, Reserve Forces and DASSO and others were
implemented by members of the population ordered to do so by local administration authorities.
After investigations, the Commission noted that:
- 7 persons alleged by the HRW to have been executed are alive and these include: Nsanzabera
Tharcisse, Majyambere Alphonse, Nyirabavakure Daphrose, Karasankima Jovan, Habyalimana
Elias, Nzamwitakuze Donati, Hanyurwabake Emmanuel;

- For one person who was reported by the HRW to have been killed, it was a mistaken identity because
the reports talks about Nsabiyeze Pascal while it is Nsabiyeze Alias.

- On 4 persons reported by the HRW to have been killed, the Commission found that these people
died of natural illnesses and these people include: Uwintwali Thadd, Kanyesoko Jean, Habimana
Innocent, Ntiriburakaryo Jean Damascne;

- 6 persons died following various accident thaugh the HRW reports specifies they were executed by
individuals from Rwanda Defence Forces, National Police or DASSO; these persons include:
Bihibindi Jean de Dieu, Minani Samuel, Bazangirabate Amurani, Ntakingora Djuma, Renzaho
Vedaste, Ntamuhanga Emmanuel;

- One person was reported by the HRW to have been executed by the Rwanda military or police
officers while such a person was shot by the Congolese soldiers and this person is called: Tuyisenge
Moise;
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- One person was reported by the HRW to have been executed by a soldier who went unpunished;
but the soldier was tried before the courts and was punished. The name is: Nzitakuze Emmanuel;

- On 2 persons reported by the HRW to have been killed by residents following orders from authorities,
those who killed these persons were tried before the courts and were punished but they committed
such viloations individually. These include: Barayavuga Jean Claude and Uzamutuma Thoneste;

- HRW reports 10 persons to have been executed but administration points out that such people are
not known in places of residence described by the report ; these people are: Mbarushimana
Innocent, Ntahondereye Jean Damascne, Niyigena Emmanuel, Nzabandora Ndayishimiye,
Hakuzimana Basabose, Nteziriza Naftal, Buhagarike Franois, Bemeriki Alexandre, Habiyaremye
Jean de Dieu, Nshimiyimana Vincent;

- 10 persons were reported by the HRW to have been executed by the Rwanda military or police
officers being accused of stealing items and in enforcement of orders according to which all thieves
must be killed. These people include: Tuyishime Ernest, Nirere Jeanine, Niyonzima Benjamin,
Nshimiyimana Innocent, Rukundo Fulgence, Gasore, Iradukunda Prosper, Mukeshimana Joseph,
Hakizimana Pierre, Muke Flavien alias Basare.

The Commission found out that the indication in the HRW report that 10 persons were executed because
they were accused for stealing items was not true for the same persons crossed, at several intervals in the
night, the Cyanzarwe Valley from the DRC whereas the administration had prohibitted residents to cross via
such valley for security purposes as it had been identified as a pathway FDRL elements were using to come
and disrupt security.
The Commission also provides the investigations findings on statements contained in the HRW reports
entitled All Thieves must Be Killed mentioning that it is a matter of orders given by authorities.
There are also results from discussions that the Commission held with authorities of Rubavu and Rutsiro
Districts as well as Army and Police Commanders in order to establish the truth about the content of the
report referred to above. Basing on the findings, the Commision also draws conclusion and makes
recommendations to the relevant institutions for solutions.
V. FINDINGS
Under this heading, the Commision provides in details, the origin of the concept All Thieves must Be Killed
and the reactions it attracted from among the population and authorities. It sheds light on the content of HRW
report and helps to know how HRW itself considers the information contained in its report. This part allows
to know exactly whether it was true that anyone have given any orders for extrajucial executions and then
provides a conclusion and comes up with recommendations for solutions.
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1. ESTABLISHING THE TRUTH ABOUT THE CONTENT OF THE HRW REPORT ENTITLED
ALL THIEVES MUST BE KILLED

The Commision carried out investigations on the content of the HRW report entitled All Thieves must Be
Killed with the purpose of identifying its origin of such acontent and the reactions it attracted from among the
population and authorities.
. The Commission found out that there was no single authority who used the concept in any meeting
asmuchas even the HRW report specifies that authorities were asked about the statement use and answered
negatively; the report built only the information collected from the citizenry.
The Commission contacted the residents of Busasamana and Nyamyumba Sector who confirmed they often
attended the meetings called at the Sector level but there was no authority who gave orders that every thief
must be killed.
The Commission discussed with Executive Secretaries of Sectors in 11 Sectors of Rubavu and Rutsiro
Districts and these authorities indicated that no such meetings were held and that in most of the time,
meetings are aimed at mobilizing the population on their participation in security initiatives, household
conflicts prevention and exchanging information about various Government programmes.
The Commission was given minutes on security meetings held in Rubavu and Rutsiro Districts and by their
dates the HRW report indicated that it was in such meetings that orders that all thieves must be killed were
given. However the Commission did not find in the reports any mention of any authority giving these orders.
Considering the analysis of the minutes and also basing on testimonies by the contacted residents and
authorities of Rubavu and Rutsiro Districts, the Commission states that there were no orders that all thieves
must be killed as reported.
2. KNOWING THE METHODOLOGY HRW USED TO COLLECT INFORMATION CONTAINED IN
ITS REPORT
In conducting investigations, the Commission came to notice that a Researcher in Africa Division of HRW
called LEWIS Mudge got in Boneza Sector, in the Rutsiro District on 6 July 2017 and met with NIRERE
Etienne, the Exective Secretary of Boneza Sector ( as indicated on P.37 of HRW report), he showed to him
a book containing a list of the people from his Sector that were reportedly killed and asked him whether he
had some information about it.
The Executive Secretary wrote down the list and responded that he had no information thereon but that he
was going to look in the matter. The researcher left him with his ID card and told him he would come back
two weeks after, which he did not do. He instead included their discussions in the report that HRW published
and submitted to the Ministry of Justice on 5 July 2017 ( as indicated on p.51).
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This the Lewis Mudges ID Card that he left with the Executive Secretary of Boneza Sector

The Commission finds not clear how HRW went to collect information after its report is submitted different
institutions and yet such inform is included in the said report.
Investigations led the Commission to realize that HRW used improper methodology so as to get information
because it was established that in some areas this organization was giving money to obtain, in return,
information.
Example:
The Commission met with residents including NYIRAMARAZA Consessa and NYIRAREKERAHO from
Nyundo Sector and they made it clear that a person called Jeanne from Bahimba Village called them and
brought them together another person called Jean de Dieu. She told them that there were som people in
Musanze District who would like to meet them there, and added that the trip costs would be refunded to them.
Then when they went to Musanze District, at their arrival they met with the whites who asked them
information about the death of BARAYAVUGA Jean Claude. Afterwards, they were given money and went
back home.
The Commission maintains that calling residents to your destination for them to provide you with information
and giving them money is not a proper way because they can distort information for personal interests and it
is even worse as they are drown away from their relevant sites where several people can be asked to
crosscheck the information obtained.
INFORMATION CONTAINED IN HRW REPORT IS DOUTFUL
HRW provides information suggesting that military and police officers committed executions and the
Commission establishes that are no evidence for such information because as it can be noticed, those who
wrote the report do not clearly identify authors of executions they reported.
The Commission is of the view that such doutful information result in confusing the institutions to which the
report is submitted for it becomes not easy to investigate on the facts reported by HRW because you are not
sure about the organs or instutions the report contains.
HRW REPORT CONTAINS FALSE IDENTIFICATION
Through investigations, the Commission noticed the HRW report referred to persons who are either unknown
or given names which do not match with their real names. As a result, the commission finds that the reports
information is trustworthy because mistaken identity may be confusing when you are trying to establish the
truth what was reported.
Some examples are provided hereunder:
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1. HAKIZIMANA Pierre and BIZAVAHO Pierre

On p.21, the HRW report stated that in Busuku Cell, Nyabirasi Sector in Rutsiro District, two persons were
executed being accused of stealing a cow. However, the Commission found that this was not true because
HAKIZIMANA Pierre was also being nicknamed BIZAVAHO but HRW considered the names as belonging to
two different people while they refer to one person.

2. NSABIYEZE Pascal
The HRW report, P 44 states that NSABIYEZE Pascal, resident of Mubuga Cell, Nyabirasi Sector was
arrested by DASSO on 15/09/2016, his body was found on 17-18/09/2016 and he was executed for stealing.
The Commission went on the ground and met Village leaders and the Executive Secretary of Mubuga cell
alongside the Executive Secretary of Nyabirasi Sector. All of them confirmed that the person under the name
of Nsabiyeze Pascal was unknown to the residents of that Sector. Instead they only recognised a person
called NSABIYEZE Elias residing in Mpati Village, Ngoma Cell, the holder of the ID card displayed here below
and he was alive. The delegation of the Commission also met that very person.

This is the ID Card of NSABIYEZE Elias

Based on the information got from local authorities of Nyabirasi Sector, the Commission concludes that the
HRW report mistakenly mentioned NSABIYEZE Pascal instead of NSABIYEZE Elias, since the NSABIYEZE
bearing Pascal as the first name is unknown to the dwellers of that Sector.
3. INVESTIGATION INTO THE ALLEGED EXECUTIONS REPORTED IN THE HRW REPORT

As a result of an investigation carried out by the Commission, it was found out that a number of persons were
reported dead while being still alive. Some of them had indeed died but due to accidents or illnesses.
The same report accounts for another person executed by RDF soldiers while he had been killed by
Congolese soldiers. HRW also reports cases of RDF solders who killed civilian persons and went
unpunished, but this was a naked lie because the Commission found out that the suspect soldier was tried
and convicted of murder and he is serving his time in jail. For persons reportedly killed by civilians, culprits
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were prosecuted and sentenced. There are other cases of persons reported killed and the Commission found
out that they were unknown to both local residents and leaders.
CASES OF PERSONS ALLEGEDLY KILLED WHEREAS THE COMMISSION FOUND THEM
ALIVE
The Commission found seven persons alive while they had been reported dead by the HRW report. The
Commission team personally met two of them and learned as well that another one had relocated to
Ngororero District, two others were living in Congo, and one went to Belgium while another one is living in
Uganda.
1. NSANZABERA Tharcisse
The HRW says that NSANZABERA Tharcisse from Bahimba Cell, Nyundo Sector was last seen on
17/10/2016 and the authorities confirmed his death on 28/10/2016. The report classified NSANZABERA
Tharcisse in the category of persons who disappeared and got executed thereafter.

The Commission met HAKIZIMANA Faustin, the Head of Buhozi Village who confirmed that NSANZABERA
Tharcisse was in custody in Nyakiriba correctional facility where he is serving a sentence after being
convicted of stealing a cow.
The Commission travelled to Nyakiriba Prison and met NSANZABERA Tharcisse in person. He declared that
he was convicted and jailed in 2010 for stealing a cow. The Commission accessed the file N o
RP0138/16/TB/NYABA of the court decision rendered on 9/3/2017 sentencing NSANZABERA Tharcisse for
theft.
Bearing in mind the findings of its investigation, the Commission finds out that the statement of the HRW
according to which NSANZABERA Tharcisse went missing and got killed later on, is baseless as he
(NSANZABERA Tharcisse) is alive and is serving his time in the Nyakiriba Prison.
2. MAJYAMBERE Alphonse
On page 44 of the HRW report, it is stated that MAJYAMBERE Alphonse was arrested and executed by the
Police or DASSO for stealing cows. According to the report, he lived in Nyagahinika Cell of Kigeyo Sector.
In a meeting with the Commander of Kivumu Police Station, the Commission was informed that
MAJYAMBERE Alphonse was alive and living in Bweramana Village, Kabihogo Cell, Boneza Sector, in
Rutsiro District.
The Commission Team went to his Village and met his wife Mrs Mukangoga Suzanna who told them that his
husband was safe and sound and that he had never been a fisherman. The leader of Bweramana Village
certified to the Commission that Majyambere was a person of integrity as he used to be a Cell leader before
1994 and that as a 65 years old man he had never been involved in theft.
The Commission met Majyambere Alphonse in person and he expressed how he was surprised when he
learned of rumours that he was killed for theft.
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In the photograph is MAJYAMBERE Alphonse pictured by

the staff of the Commission on 16/08/2017 who met him in
Bushaka Cell where he resides while HRW reported that he
died on 22/09/2016.

This the community-based health insurance card that MAJYAMBERE Alphonse acquired on 01/08/2017
whereas HRW confirmed that he died on 22/09/2016
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In the opinion of the Commission, HRW lied about the death of MJYAMBERE Alphonse, confirming that he
was executed whereas he was quite alive. The Commission team met him in person and took photographs
of him and his identification particulars as displayed above.
3. NYIRABAVAKURE Daphrose
HRW report, page 43 accounts for how Nyirabavakure Daphrose stole cassava on 10/8/2016, caught by
DASSO who beat her to death.
According to the information got from the Commander of Kivumu Police Station, Nyirabavakure Daphrose
used to live in the Kigeyo Sector with her husband [amputee of one leg] whom she left later for another man
with whom they settled on Bugarura island located in Boneza Sector to migrate to Congo afterwards. As he
spoke to the Commission, the couple had been there for three years before.
4. KARASANKIMA Jovan
On page 22 of the HRW, KARASANKIMA Jovan residing in Ngoma Cell, Nyabirasi Sector in Rutsiro District
is said to have been killed between 28 and 29/11/2016 for stealing a sheep.
The Commission went to inquire into the matter and met the Executive Secretary of Nyabirasi Sector.
According to him, KARASANKIMA Jovan was alive but he moved to Ngororero District where he keeps the
cattle of SEGAFUTA Thomas.
After learning that information, the Commission travelled to Gaseke Village where he resettled and met the
Head of Village who confirmed that KARASANKIMA Jovan was indeed a resident of that very Village.
Therefore, the Commission deems the HRW statement according to which KARASANKIMA Jovan was
executed as false since he is alive.

5. HABYALIMANA Elias
In its report, page 48, HRW mentions that HABYALIMANA Elias was killed on the shore of Lake Kivu on
25/03/2017 by a military or a police officer because he was fishing with illegal net known as Kaningiri.
On 15/08/2017 the Commission headed to Gabiro Cell, Musasa Sector to inquire into the death of
HABYALIMANA Elias.
The Commission met MURWANASHYAKA Celestin and RUCOGOZA Etienne who certified that
HABYALIMANA Elias lived in Nyarubuye Cell in Muhororo Village where he resettled after he was removed
from Murambi Village, Nyarubuye Cell because his home was less than 50 metres close to the Lake.
During its investigation, the Commission visited his home and met his wife NIKUZE Pelagie. She told the
Commission that her husband lived in Belgium since 2009. The information was confirmed by his father
Ngwije Samson residing in Muhororo Vilage, Nyarubye Cell in Musasa Sector.
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The photograph of HABYALIMANA Elias who nowadays lives in

Belgium

The findings of the Commission invalidate the information of HRW about HABYALIMANA Elias, because his
wife, his father, his relatives and neighbours confirmed that he is well alive and lives in Belgium.
6. NZAMWITAKUZE Donat
The HRW report reads on page 47 that NZAMWITAKUZE Donat who lived in Haniro Cell, Manihira Sector in
Rutsiro District was executed on 11/01/2017 by the military for stealing a motorbike.
The Commission went up to Manihira Sector, Haniro Cell to investigate into his death and noted that he was
living in Muyira Village, Haniro cell in Manihira Sector. The Head of Muyira Village said that NZAMWITAKUZE
Donat was from his Village and nicknamed himself Sinayobye when he went to the secondary school in
Rubavu District.
He went on explaining that he had built a house in Muyira Village, Haniro Cell and thereafter sold it together
with the whole plot of land, to migrate to Uganda where his father in law lived and that whenever he comes
back to Manihira Sector he stays at his mothers home.
The Commission kept on collecting ample information and met the elder brother to NZAMWITAKUZE Donat
called NTIRENGANYA Elias. He also confirmed that his young brother was living in Uganda together with
his wife.

The Commission deems the information of HRW about NTIRENGANYA Elias incorrect because the latter
was not dead as confirmed by his elder brother and the Leader of the Village he used to reside, and indeed
he keeps on coming back there.
7. HANYURWABAKE Emmanuel

The HRW report states on page 47 that HANYURWABAKE Emmanuel was killed in late 12/2016 by RDF
soldiers for fishing with illegal net commonly known as kaningiri.
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The Commission met Leaders of Bushaka Cell and leaders of villages surrounding Bugarura Island.
According to them, HANYURWABAKE Emmanuel was also known as MISHOGORO resided in Bikono
Village, Bushaka Cell. In 2015 he would have sailed to Iwawa island with a small boat and helped two boys
to escape. Those were HABIMANA Evariste originating from Ngororero District and NIYIBIZI JMV originating
from Muhima Sector in Nyarugenge District in collusion with their parents.
When both boys went missing, it was later revealed that HANYURWABAKE Emmanuel helped them to
escape. Then, the Police summoned him but he didnt report, instead he fled to Congo and he is believed to
be living on Idjwi Island where his mother lives as well.
Talking to the Commission, his wife Nyiransanzubuhoro Seraphine living in Bikono Village, Bushaka Cell,
Boneza Sector in Rutsiro District, declared that the Head of the Village alongside police officers came to
arrest him for helping two boys escape from the Iwawa Rehabilitation Centre but they realised that he had
already left.
The Commission deems the information released by the HRW untrue as it totally contradicts with the
declarations of leaders of the Village where he resided. It also diverges from details provided by his wife
NYIRANSANZUBUHORO Seraphine who denied that his husband would have died.
PERSONS REPORTED EXECUTED IN THE HRW REPORT WHILE THEY DIED OF ILLNESSES
THE Commission found out that 4 persons among them died of illnesses as confirmed by their own families.
Moreover some of them had died long before. In its investigation, the Commission learned that one of them
died back in 1999 and others died in 2005, 2013 and 2016 respectively.
1. UWINTWALI Thadde

Th HRW says on page 24 that UWINTWALI Thadde was executed on 13/12/2016 by soldiers for stealing a
goat. The same report states that 5 soldiers came at the home of UWINTWALI Thadde in the night, took
him outside and then took him with them, thereafter his relatives found his body on the roadside nearby his
home shot through the chest.
The Commission met the wife of UWINTWALI Thadde called MUSABYEMARIYA Jacqueline residing in
Muramba Village, Bushaka Cell, Boneza Sector in Rutairo District, she works in Kinunu health centre as peer
educator. She declared to the Commission that UWINTWALI Thadde was his husband and he was the son
to Murindahabi Francois and Nyirabanage Merciana living in Murambi Village, Bushaka Cell, Boneza Sector
in Rutsiro District and he died 25/9/1999 of illness.
She also confirmed that he was the manager of Petrorwanda in Gisenyi before the Genocide, before
Petrorwanda, he had worked for Rwanda Commercial Bank (BCR). She said that his husband was decent
and she couldnt understand how people reported that he was executed over stealing a goat.
The Commission also met the young brother to UWINTWALI Thadde named Ndayishimiye Vedaste who
confirmed that his brother died in 1999 of an illness. Nzabonimpa Jean, the second husband of
Musabyemariya Jacqueline and Mbonyinshuti Augustin the former neighbour of UWINTWALI Thadde who
participated in his funerals, both met the Commission and confirmed that he died of illness.
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On 28/7/201, parents to UWINTWALI Thadde, his brothers and one of their neighbours addressed a letter
to the Commission denying and refuting the information dispatched by unknown person according to which
he had been killed by Rwanda Government soldiers.
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[MURAMBI Village
NKIRA Cell

BONEZA Sector

RUTSIRO District

Western Province

July 28, 2017

To the National Commission for Human Rights

Re: Refutation, denial and rejection of information provided by an unknown person saying that UWINTWARI Thadde was killed
by Rwanda military

The truth is that UWINTWARI Thadde got sick and went to KINUNU Health Centre. When he arrived there, his illness
worsened, they gave him medical treatment but Dr. Schadrack who was working there gave him back to us and we took him
home. When he got home, he died. It was on 25/09/1999. Friends and family helped us for his funerals.

The information according to which he stole a goat is false; he never stole in his lifetime.

We request that a person who filed a complaint that we do not know should be prosecuted.

Informants:

His father: MURINDAHABI Francois, Murambi, 0788965521

His mother: NYIRABANAGE Marisiyana

His wife: MUSABYEMARIYA Jacqueline

His brother: NDAYISHIMYE Vdaste

His brother: KUBWAMUNGU J.M.V.

A neighbor who knows what happened: NTIRENGANYA J. Damascene

Secretary: KUBWAMUNGU J.M.V.]

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This is the copy of a letter that members of the family of UWINTWALI Thadde wrote to the National
Commission for Human Rights to deny the information reported by HRW.

For the Commission, the information provided by HRW on UWINTWALI Thadde is devoid of any truth since
his wife, his family members and his neighbours attest that he died from disease on 25/9/1999.
2. KANYESOKO Jean
HRW report says on p.19-29 that on 2/8/2016 KANYESOKO Jean from Kavomo Cell, was caught stealing
sugarcane and beaten to death by soldiers.
On 14/8/2017, the Commission met with the younger brother of KANYESOKO Jean called KARUMUNA
Alphonse, residing in Kinihira Village, Kavomo Cell, Nyundo Sector, Rubavu District. KARUMUNA Alphonse
said that KANYESOKO Jean died from a long-term stomach disease in 2016 at Gisenyi Hospital when he
was 60 years old.
The Commision also met with HATEGEKIMANA Jean who said that KANYESOKO Jean was their family
member, that he died from stomach disesase and that they cared for him when he was sick. After his death,
he was buried in their land and immediately declared dead in the civil status records according to legal
provisions.
The Commission also talked to the leader of Kinihira Village and the Executive Secretary of Kavomo Cell
who both confirmed this information.
Basing on its investigation, the Commission finds out that HRW report is not truthful because HRW alleges
that KANYESOKO Jean was killed by security forces while the Commission found out that he died from
disease according to the testimony of his family members.
3. HABIMANA Innocent
Raporo ya HRW, P.48, ivuga ko HABIMANA Innocent yishwe ku wa 17/2/2017, mu Kagari ka Rubona mu
Murenge wa Nyamyumba azira kurobesha ibikoresho bitemewe.
HRW report alleges on p.48 that HABIMANA Innocent was killed on 17/2/2017 in Rubona Cell, Nyamyumba
Sector for fishing with illegal net

These documents prove that Habimana Innocent was a Marine Forces soldier who died in 2013.
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The Commission met with NTABANGANYIMANA Ccile, legal wife to HABIMANA Innocent with whom she
had three children. She explained that HABIMANA Innocent got sick in 2013 and went for further care to the
place called Rusunyi in Kamembe. NTABANGANYIMANA Ccile reports that she went with her children to
visit HABIMANA Innocent and found him seriously sick. When she asked him to take him to the hospital he
refused and he died in her presence. He died on 11/5/2013 (see death certificate above).
She goes on saying that HABIMANA Innocent has never been a fisherman and that he instead has been a
Marine Forces soldier for 8 years. She asked the Commission to make a follow up on the problem of her
husbands pension scheme benefits that she does not receive.
Basing upon its investigation, the Commission finds out that HRW report is false because the report declares
that HABIMANA Innocent was a fisherman killed for fishing with traditional illegal net, while the Commission
found out that he has never been a fisherman and that he was a Marine Forces soldier. His family members
also confirmed that he died from disease, which is evidenced by relevant documents.
4. NTIRIBURAKARYO Jean Damascne
HRW report states on p.43 that NTIRIBURAKARYO Jean Damascne from Burinda Cell was shot dead by
soldiers on 30/7/2016 for being absent at Umuganda.
On 22/8/2017, the Commission went to Bubaji Village, Burinda Cell and met with some relatives of
NTIRIBURAKARYO Jean Damascne, including BIZIMUNGU Pascal, the Village leader and younger brother
of NTIRIBURAKARYO Jean Damascne.
According to BIZIMUNGU Pascal, NTIRIBURAKARYO Jean Damascne died when he was aged 40. He
was imprisoned for the crime of genocide against the Tutsi, confessed his crime and was released in 2003
thanks to presidential grace. Afterwards, he suffered a long illness and died in 2005 at Murara Health Center.
He was buried in the cemetery of Rubavu Sector.
NYIRARUKUNDO Valrie says that she was well acquainted with NTIRIBURAKARYO, that he was
imprisoned, and that, after his release, he got sick until he died. She told the Commission that he died in the
presence of BARANSARITSE Jean Pierre and DUSANABAVANDIMWE Joseph.
The Commission met with DUSANABAVANDIMWE Joseph who said that NTIRIBURAKARYO Jean
Damascne was his uncle, that he died from illness and that he was not married. He further said that he had
no child so that some of his assets were shared by his family members while others were used to compensate
the victims of the crimes that he committed during the genocide against the Tutsi.
For the Commission, HRW allegations that NTIRIBURAKARYO Jean Damascne was killed by soldiers are
false since his relatives and the local authorities attest that he died due to illness.

PERSONS REPORTED BY HRW AS DELIBERATELY KILLED BUT FOUND BY THE

COMMISSION AS KILLED DUE TO ACCIDENT
HRW report indicates that some people were killed by the Military, the Police, DASSO, the reserve force
(Inkeragutabara) or the citizens. However, the investigation of the Commission documented that the six
persons mentioned were killed due to various accidents including accidents in Lake Kivu and the accident of
a person who fell from a bridge into River Sebeya.
 17

1. BIHIBINDI Jean de Dieu

HRW report reads on p.43 that BIHIBINDI Jean de Dieu was killed on 09/09/2016 and that his body was
found on 11/09/2016. The report states that he was arrested by DASSO and then killed for stealing a cow.
On 14/08/2016, the Commission went to Ngoma Cell in Nyabirasi Sector and met with his wife
NYIRABABWIRA Felicita and his following close relatives: NYIRABIZIMANA Consolata, NDAYAMBAJE
Evaritse, NDAGIJIMANA Anastase, NGIRUNSHOREYE Athanase and HASHIMUMUTIMA Liberatha.
They told the Commission that BIHIBINDI Jean de Dieu left his home on Sunday 09/09/2016 for visiting his
daughter called MUKAMUZIMA. After the visit, he went to a Centre in Kazo Village and shared beer with
RUCEKERI called BAGARAGAZA and they separated late in the evening. His wife missed him for two days
and then, together with her family, she started seeking for him and they found his dead body at River Sebeya.
After finding his body, his family informed the Executive Secretary of Nyabirasi Sector and the Police
authorities in the Sector. They also asked for the authorization to take him to hospital for autopsy. They
received the authorization and took him to Rubavu Hospital. After carrying out the autopsy, the Hospital
Management declared to them that his death was due to his fall from a bridge into the river.
His family members buried him. They also told the Commission that, contrary to some reports, BIHIBINDI
never stole a cow.
The Executive Secretary of that Sector told the Commission that BIHINDI fell into River Sebeya from a bridge
on that river. He was going home late in the evening and he slipped into the river.
Basing upon the information received from BIHIBINDI family and the Executive Secretary of the Sector, the
Commission notices that they all agree that he fell into River Sebeya from a bridge. So, HRW information
according to which he was killed for stealing a cow is false.
2. MINANI Samuel
HRW report says on p.46 that MINANI Samuel was executed by Rwanda military or police for fishing with
illegal net called kaningiri.
The Commission went to Bushaka Cell in Boneza Sector and met with the leader of Bushaka Cell and the
leader of Bikono Village. They informed the Commission that MINANI Samuel is actually called MINANI
Yamweli, resides in Bikono Village, Bushaka Cell and is son to BAGIRAMENYO and NYIRANDARUHUTSE.
In December 2016, he reportedly went alone to fish in Lake Kivu, was hit by the wind into water, drowned
and died. It is also reported that his corpse was found at the shore of the lake on 19/12/2016 and then his
family buried him.
Considering the information received from the local authorities of Bikono Village, the Commission concludes
that the information reported by HRW is false since it does not specify the killer and how MINANI Samuel
died.
 18

The Commission also finds out that HRW failed to deeply document received information before publishing
it because, even if MINANI Samuel actually died, he was not killed by military or police as alleged by HRW,
since he drowned in the lake due to storm.
3. BAZANGIRABATE Amulan
HRW report states on p. 17 that BAZANGIRABATE Amulan was shot dead by Rwanda military or police in
late December 2016 over fishing with illegal net called kaningiri.
The Commission went to Bushaka Cell in Boneza Sector and ment with the authorities of Bushaka Cell and
the leaders of villages in Bugarura island. They informed the Commission that BAZANGIRABATE Amulan
aged 22 is son to RUTAVOGERWA Musa and NYIRANSEKANAKABUZE Towa, and was resident of
Rutagara Village in Bugarura island.
They also said that he went to fish in December 2016 between 5:00 and 6:00 with his two friends
NIYOMUGABO and DUSINGIZIMANA Patrick. Then due a strong storm on the lake and a lot of small fish
(isambaza) in a small boat, the boat capsized and two people died, i.e. NIYOMUGABO and
BAZANGIRABATE Amulan.
BAZANGIRABATE Amulans cousin named DUSINGIZIMANA Patrick survived and he was rescued by a
boat from Iwawa island on mission for food supply, which took him to a place called Brasseri in Rubavu
District. DUSINGIZIMANA Patrick gave the testimony about what happened. However, the bodies of the
deceased could not be found.
For the Commission, the information published by HRW is false since, even if BAZANGIRABATE Amulan
died, he was not killed by military or police as mentioned in their report. There was an accident according to
the declaration of the cousin of DUSINGIZIMANA Patrick who survived the accident.
4. NTAKINGORA Djuma
HRW report says on p.27-28 that the 28-year-old NTAKINGORA Djuma was killed on 21/12/2016 by Rwanda
military (soldiers) while fishing with a friend in Lake Kivu.
On 30/08/2017, the Commission went to Bushaka Cell in Boneza Sector and met with various authorities in
that Sector and leaders of villages in Bugarura island, who told them that NTAKINGORA Djuma was resident
of Bugarura Island in Bugarura Village and was son to HATWIBU Mahoro and NYIRABASIRIKARE Vestine.
They also said he was in the second year of secondary school in "Nine Years basic Education".
In 2005, NTAKINGORA Djuma and his friends went to fish in the lake using illegal nets and they met a
MINAGRI boat in charge of detecting illegal fishing; his friends jumped from the canoe and were able to swim
but NTAKINGORA Djuma was not able to swim so that he was probably killed by water as it was impossible
to find his body. And the problem is illegal fishing is practiced during the night so that first aid was impossible.
The Commission concludes that HRW report is not consistent with what really happened since the information
the Commission received from authorities of Bugarura Village where NTAKINGORA Djuma was residing as
well citizens attest that he died as a result of an accident.
 19

5. RENZAHO Vedaste
HRW report says on p.28-29 that RENZAHO Vedaste was executed in late December 2016 by military or
police because he used illegal nets called kaningiri for fishing.
The Commission went to Bushaka Cell in Boneza Sector and met with authorities of Bushaka Cell and leaders
of villages in Bugarura island. They attested that RENZAHO Vedaste was nicknamed Gahinja, was a resident
of Bugarura Village in Bugarura island, was son to GAKURU Malingolo and NTAMWIRA and was living in
the home of his elder brother who was a pastor called BAZIRAMWABO Theodore who also upbrought him
since his parents died when he was still very young.
He reportedly went to fish with MUSABYIMANA Sadiki in June 2014 and when they saw a military patrol
boat, Sadiki jumped into the water and swam while RENZAHO Vedaste stayed in the canoe since he did not
know how to swim and then he drowned.
The Commission finds out that he information provided by HRW is false because RENZAHO Vedaste was
not killed but he died as a result of an accident.
6. NTAMUHANGA Emmanuel
HRW report on p.48 states that NTAMUHANGA Emmanuel was executed on Lake Kivu in March 2017 by
military or police for fishing with illegal nets called kaningiri
The Commission went to Bushaka Cell in Boneza Sector and met with authorities of Bushaka Cell and leaders
of Villages in Bugarura island. They attested that NTAMUHANGA Emmanuel was a resident of Rutagara
Village in Bugarura island and was son to MVUKIYEHE JMV also known as Sawa Sawa and
RIRWANABOSE Viviana. In 2015, he reportedly went with DUSINGIZIMANA Patrick to fish and for fear of a
military boat, NTAMUHANGA Emmanuel jumped into the water since he was good at swimming but his friend
stayed in the canoe.
DUSINGIZIMANA Patrick said that the military boat continued and he also continued fishing assuming that
NTAMUHANGA Emmanuel has been able to swim and cross to the shore. However, when he went home he
went to see if Ntamuhanga Emmanuel had arrived home and he did not find him. They tried to look for his
body but they could not find it.
For the Commission, the information published by HRW is false since NTAMUHANGA Emmanuel was not
killed by military or police according to their report because DUSINGIZIMANA Patrick who was with him said
he died as a result of an accident.

A PERSON WHOM THE COMMISSION FOUND WAS EXECUTED BY CONGOLESE SOLDIERS

1. TUYISENGE Moise
The HRW Report, P. 50, says Tuyisenge Moise was shot by the military or police, fishing with illegal nets.
 20

The Commission went to Bukiro Village, Karambi Cell, Kivumu Sector, Rutsiro District, and spoke to the Cells
Executive Secretary who told the Commission Tuyisenge Moise and his fellows were going to steal Sambaza
fish nets in DR Congo, 2 were shot and a third one called Nsanzirazose Fabrice was arrested.
The Commission also spoke with Nsanzirazose Fabrice son of Munyakazi Simon and Nyirabagenzi Patricie,
a resident of Bukiro Village, Karambi Cell, Kivumu Sector, Rutsiro District, who told the Commission they
were 3 Tuyisenge Moise aka Gisore son of Parmehutu and Uzamukunda Gaudence, residents of Bukiro
Village, Karambi Cell, Kivumu Cell, Rutsiro District and Nizeyimana Yahaya aka Pucingi trying to steal
Sambaza fish nets in DR Congo, then the Congolese soldiers shot at them and left them to drown at Lake
Kivu. They arrested him and detained him in Congo and after 4 months on 7/8/2016 they handed him over
to the Rwandan military at Grande Barrire.
The Commission finds that the information provided by HRW about TUYISENGE Moise is false because he
was not executed by the Rwandan military or police when he was fishing with illegal nets, instead, he was
shot by the Congolese soldiers when he was going to steal Sambaza fish nets as confirmed by Nsanzirazose
Fabrice who survived the execution.

A PERSON REPORTED IN THE HRW REPORT TO HAVE BEEN KILLED BY THE MILITARY
AND THE PERPETRATOR WAS NOT PROSECUTED

HRW reports that a person was killed by the military and the killing was not investigated. The Commission
found that the perpetrator did so personally and was prosecuted, punished and sentenced to 10 years of
imprisonment.
1. NZITAKUZE Emmanuel
The HRW Report, P. 16, says NZITAKUZE Emmanuel was executed by the military on 11/01/2017 after
stealing a motorcycle.
During its investigations on the death of NZITAKUZE Emmanuel, the Commission went to his residence and
met with his wife called UBITSEMUNDA Agns who informed it that during the night of 10/01/2017 a certain
MURWANASHYAKA met her at home and told her that her husband was caught in possession of a
motorcycle of NAMBAJIMANA Charles which was lost some time ago. Later on she learnt that her husband
was shot by a certain NKURUNZIZA Franois.
The Commission also spoke with Muyira Village chief trying to know whether the information was true, and
whether the perpetrator was prosecuted. The Village chief told the Commission NZITAKUZE Emmanuel was
shot by a certain NKURUNZIZA Franois who was on duty in Rutsiro District, Manihira Sector, and since
then the soldier could no longer be seen in Manihira Sector. Later, the Commission learnt that Captain
NKURUNZIZA Franois was prosecuted by a military court and was sentenced to 10 years of imprisonment.
The Commission went to the Military Prosecution Department to see whether Captain NKURUNZIZA
Franoiss criminal case file was prepared and to see the progress of its trial, and found that the criminal case
file was really prepared and tried and the military high court sentenced him to 10 years of imprisonment.
 21

The Commission finds that the perpetrator commits that offence personally, and this is why he was
prosecuted and sentenced to 10 years of imprisonment and now he is serving his sentence at Mulindi Military
Prison.

PEOPLE REPORTED TO HAVE BEEN KILLED BY LOCAL RESIDENTS ON ORDERS FROM

AUTHORITIES
HRW reports that there are local residents who received orders from local authorities to kill any person caught
stealing
In its investigations, the Commission found that no resident received such orders and even a person
responsible for killing did so personally and was prosecuted.
1. BARAYAVUGA Jean Claude
The HRW Report, P. 31-32, says BARAYAVUGA Jean Claude who was aged 19 with mental disabilities and
a resident of Kavomo Cell, was killed on 27/4/2017, for stealing light bulbs by residents on orders from local
authorities.
The Commission met with NYIRAMARAZA Consesa mother of BARAYAVUGA Jean Claude alongside his
maternal aunt NYIRAREKERAHO Eugenia, who testified that BARAYAVUGA had died at the age of 20.
On 27/4/2017, he went to Rutsiro District, to collect his clothes from BICAMUMPAKA Baltazar who had a
sewing business. As he arrived there, he found that his clothes were not ready, then he picked with him 2
solar bulbs that were displayed outside. BICAMUMPAKA Baltazar chased him away asking him to bring back
his bulbs to have his clothes sewn. He said on his way he remembered he had left his sewing machine
outside then had to come back. At that time, he had called a certain NTIRIVAMUNDA JMV (Gifaru) for help,
when he came back to see BARAYAVUGA Jean Claude he found that NTIRIVAMUNDA JMV had killed him
with a long metal stick.
The Cells Executive Secretary said that having learned about the death of BARAYAVUGA Jean Claude,
immediately the police intervened and arrested NTIRIVAMUDA JMV (Gifaru) and put him in prison and was
registered under criminal case file 00428/IPRL/RUB/2017/JBK 00584/DIC/017 and DFA 00353/IPRC
RUB/2017/OBK. He is now detained at Nyakiriba Prison.
NYIRAMARAZA Consesa mother of BARAYAVUGA Jean Claude, said that he had conflicts with
NTIRIVAMUNDA JMV,
She said that it was such conflicts which resulted in his death because as BICAMUMPAKA Baltazar arrived
at the scene of crime he spoke about it with NTIRIVAMUNDA JMV, that he only called him for help and not
for killing him.
The Commission learnt that a certain NTIRIVAMUNDA JMV aka Gifaru son of MUNYARUGERERO
Sebuzene and NYANZIRA Gliseliya, was detained at Rubavu Prison. The Commission met with him and he
showed the Commission a copy of the court judgement N0 RDP00173/2017/TGI/RBV. He is suspected of
killing as medical report indicated that BARAYAVUGA Jean Claude was killed by having his head crushed.
The Intermediary Court sentenced him to a provisional detention of 30 days on 3/8/2017. The Commission
 22

asked him about the date of the hearing on the merits, he said he did not know. NTIRIVAMUNDA JMV, told
the Commission that even though he was suspected, he was not encouraged by any authorities.
Based on its investigations, the Commission finds that NTIRIVAMUNDA JMV who is suspected of the death
of BARAYAVUGA Jean Claude was arrested and detained provisionally pending trial on the merits. The
Commission further finds that staements contained in the HRW Report that local authorities issued orders to
kill BARAYAVUGA Jean Claude, are not true as testified by NTIRIVAMUNDA JMV, aka Gifaru.
2. NZAMUTUMA Thoneste
HRW, P.49, said NZAMUTUMA Theoneste, a resident of Rukondo Cell, was killed by citizens on 15/8/2016,
after encouragement from local authorities.
On 14/8/2017, the Commission went to Kanyamisuku Village, Rukondo Cell, Nyundo Sector, where it met
with NDAZIRENGEYE Vincent one of NZAMUTUMA Theonestes family members. He said he was called
UZAMUTUMA Theoneste, and aged 27. He was caught in Kanama breaking into houses. He was beaten to
death by citizens. After his death, 20 citizens suspected of killing him were arrested and detained at Kanama
Police Station but they were later released due to lack of evidence.
The Commission also met with SIBOMANA Joseph, brother to UZAMUTUMA Thoneste. He said that further
to breaking houses, his young brother was a cattle rustler.
In its investigations, the Commission has learnt that no local authorities encouraged citizens to kill
UZAMUTUMA Thoneste.
Based on its investigations, the Commission finds that UZAMUTUMA Thoneste was killed by the citizens of
Kanama Sector, where he was sheltered and later caught breaking a house and then beaten to death by
citizens. Concerning staements that local authorities said anyone caught stealing would be killed, the
Commission finds that citizens testified that no local authorities encouraged them to kill thieves.
UNREPORTED CASES WHICH AUTHORITIES MAINTAINS ARE UNKNOWN
The HRW Report says there are people who were killed and those who disappeared and later on authorities
maintained that they had died.
The Commission finds that those people were not known at their places of residence as reported by HRW.
Citizens and local authorities from the village to district as well as security organs said those people were not
known.
Examples include the following cases:
1. MBARUSHIMANA Innocent
The HRW Report, P.20, indicates that MBARUSHIMANA, a resident of Basa Cell, Rugerero Sector was killed
on 11/10/2016 by the Inkeragutabara after stealing bananas.
On 16/8/2017, the Commission went to Basa Cell and met with Edison, the Cells Executive Secretary. He
said he did not know MBARUSHIMANA Innocent and that other organs went there for his case but he
remained unknown. The Cells Executive Secretary asked all the village chiefs who had come for a meeting
at the Cells office if anyone knew MBARUSHIMANA Innocent but they could not recognize him.
 23

Furthermore, at that day the Commission went to Kabirizi Cell and spoke with NYIRAHABINEZA Solange,
Nkama Village Chief and Kabirizi Cells Executive Secretary, both said they did not know MBARUSHIMANA
Innocent.
Based on its investigations, the Commission finds that allegations by the HRW Report are not founded
because MBARUSHIMANA Innocent was not known as a resident of Basa Cell.
2. NTAHONDEREYE Jean Damascne
The HRW Report, P.50, says NTAHONDEREYE Jean Damascne of Kageshi Cell, was last seen on
27/4/2016, authorities confirmed his death on 29/4/2016. The report further said the military told the family
his body was buried.
The Commission went to Kageshi and Nyacyonga Cells and met with their Executive Secretaries, but both
said they did not know NTAHONDEREYE Jean Damascne. The Commission also met with some of the
residents who said they did not know him.
The Commission finds that the information provided by HRW is not true due to the fact that NTAHONDEREYE
Jean Damascne was not known in the Cell mentioned by the report. This is confirmed by citizens and local
authorities.
3. NIYIGENA Emmanuel
The HRW Report HRW, P.26, says NIYIGENA Emmanuel of Rukoko Cell, Rubavu Sector, was killed by the
military on 25/1/2017, smuggling narcotics.
On 22/8/2017, the Commission went to Bisizi Village of Cyanzarwe Sector, and spoke with the Village Chief.
He said they did not know NIYIGENA Emmanuel. The Commission spoke with Rukoko Cells Executive
Secretary who said he did not know NIYIGENA Emmanuel; he asked other Executive Secretaries who said
they did not know him in their cells. The Commission also resorted to residents of the place which HRW says
was his residence, but they confirmed he was unknown in that area.
The Commission finds that the information provided by HRW Report because authorities and citizens said
they did not know NIYIGENA Emmanuel.
4. NZABANDORA Ndayishimiye
The HRW Report, P.50, says NZABANDORA Ndayishimiye disappeared with the involvement of the military
or police, fishing with illegal net called kaningiri, and was last seen on 06/12/2016.
The Commission went to Bushaka Cell in Boneza Sector and met with Bushaka Cells authorities and chiefs
of villages located in Bugarura Island and citizens, all confirmed he is not known in their villages.
The Commission finds that the information published in HRW Report is not true because authorities and
citizens said NIYIGENA Emmanuel is not known in that Cell.
 24

5. HAKUZIMANA Basabose
The HRW Report, P.45, says HAKUZIMANA Basabose was killed by the military or police on 06/12/2016
fishing with illegal net called kaningiri.
The Commission met with Bushaka Cells Executive Secretary alongside chiefs of Bushaka villages who said
Basabose they know was the son of Bizimana Edouard and died in 1995. Since another name of Basabose
was unknown, no one could ascertain whether Basabose son to Bizimana was the one called Hakuzimana.
Based on its investigations, the Commission finds that HAKUZIMANA Basabose was unknown to authorities.

6. NTEZIRIZA Naftar
The HRW Report, P.47, said NTEZIRIZA Naftar was killed in late December 2016 by the military or police,
fishing with illegal net called kaningiri.
The Commission went to Bushaka Cell in Boneza Sector and met with Bushaka Cells Executive Secretary
alongside chiefs of Bushaka villages who said that citizen is not known in their villages.
7. BUHAGARIKE Franois
The HRW Report, P17-18, said BUHAGARIKE Franois a resident of Busuku Cell in Nyabirasi Sector, Rutsiro
district, was killed by the military between 19-20/10/2016 for stealing cows.
On 18/08/2017 and on 28/08/2017, the Commission went to Nyabirasi Sector and met with the Sectors
Executive Secretary who told the Commission that after learning about the HRW Report, they also searched
information on BUHAGARIKE Franois referred to in the report as a resident of Nyabirasi Sector but citizens
interviewed indicated he was not known in that Sector.

8. BEMERIKI Alexandre

The HRW Report, P.29-30, says BEMERIKI Alexandre was killed in October 2016 by the military after they
found an illegal fish net kaningini at his home.
The Commission went to Bushaka Cell in Boneza Sector and met with Bushaka Cells Executive Secretary
alongside Bushaka village chiefs who said that resident was not known in their villages.
9. HABIYAREMYE Jean de Dieu
The HRW Report, P.14, says HABIYAREMYE Jean de Dieu residing in Ngoma Cell, Nyabirasi Sector, Rutsiro
District was arrested in late November 2016 and later executed by the military for stealing a cow.
The Commission went to Nyabirasi Sector to gather information on the death of HABIYAREMYE Jean de
Dieu, and searched him in all the villages of Ngoma Cell without finding him.
The Commission went back to Nyabirasi Sector and met with the Executive Secretary who said they gathered
information on HABIYAREMYE Jean de Dieu, referred to in the report as a resident of Nyabirasi Sector, but
found he was not known in that sector.
 25

CONCERNING PEOPLE REPORTED BY HRW TO HAVE BEEN EXECUTED BY THE MILITARY

After conducting thorough investigations, the Commission learned the following:
At different times, the unknown people used to cross Cyanzarwe valley located between Rwanda and DR
Congo during the night to threaten security in Rwanda. In 2015, members of FDRL threatening the national
security crossed into Rwanda via that valley and killed three police officers at Busasamana Sector. This
prompted the district administration and security organs to hold a meeting with all the residents and warned
them over crossing that valleyduring the night for security purposes;
Even though residents were shown perimeters within which they had to travel, some residents of the sectors
of Nyamyumba, Busasamana and Rubavu, namely: TUYISHIME Ernest; NIRERE Jeanine; NIYONZIMA
Benjamin; NSHIMIYIMANA Innocent; RUKUNDO Fulgence; GASORE; IRADUKUNDA Prosper and
MUKESHIMANA Joseph, travelled through that valley during the night and this prompted soldiers maintaining
the security to shoot at them as enemy threatening the national security because they thought there was no
citizen who would pass by there since they were all told it was prohibited.
Another resident of Nyabirasi Sector called HAKIZIMANA Pierre, was arrested by security forces and
accused by residents of stealing and injuring a cow. Instead of defending himself, he fought them back and
tried to take their guns, and then they shot him.
There is another resident called MUKE Flavien aka Basare, from Rugerero Sector was accused of injuring a
cow. While he was detained at police for investigations purposes, he asked for permission to go to the toilet.
As he got outside, he tried to take a gun from a police officer and then a police officer shot him.
CONCERNING SECTORS AND CELLS EXECUTIVE SECRETARIES REPORTED TO HAVE
LOST THEIR JOBS BECAUSE OF THEIR OPPOSITION TO THE EXECUTIONS
HRW reports that there are Cells and Sectors Executive Secretaries who lost their jobs because they were
opposed to the executions referred to in the HRW Report. The Commission found the information was not
true because the Commission spoke with the Acting Mayor of Rubavu District who is also the Deputy Mayor
for Finance and the Deputy Mayor for Social Affairs. The Commission also spoke with the Mayor of Rutsiro
District and the Deputy Mayor for Finance; they said Executive Secretaries resigned voluntarily, others were
dismissed because of their professional misconduct and this also took place in other districts for the sake of
efficiency.
The Commission was also provided with resignation letters of those Executive Secretaries.
The Commission finds that there are Executive Secretaries who lost their jobs for various reasons but that it
has nothing to do with allegations of the HRW Report. Losing their jobs was in compliance with laws.

V.I GENERAL CONCLUSION

The National Human Rights Commission, having conducted thorough investigations on people alleged by
the HRW Report of July 2017 to have been executed by the military or police, or by citizens acting on
encouragement from local authorities, notes that this information was not true because investigations
revealed that some residents reported in its report to have been executed are still alive, others died in various
accidents; the Commission also found that some died of illness, and there are others reported by HRW to
 26

have been killed but who were not known in those districts. Moreover there is another citizen killed by DR
Congo soldiers while HRW said he was killed by the Rwandan military; others were killed by individual citizens
and these were prosecuted and punished.
The Commission notes that there was doubt in HRW Report because it reported residents executed by the
military or police or DASSO, and this is clear that they did not want to seek the truth. Another thing that came
to the attention of the Commission is that they reported inexistent and unknown names.
Based on its investigations, the Commission found that HRW provided information which was not true
because this organisation did not talk to all parties in its report.
The Commission concludes that the HRW reports do not provide information that is likely to advocate human
rights but to tarnish and destroy the image of Rwandas security organs.
Furthermore, the fact that HRW Report based its statements on one side is basically confusing because it is
clear that it sought information from the other side after the report had been submitted to the Rwandan justice
minister.
Recommendations
- The Commission requests the competent States organs to tell the international bodies about the
truth on statements of the HRW Report and refute information contained in that report, basing on
investigations conducted by the Commission.
- The Commission calls upon international and national organs to which the HRW Report was
submitted to disregard its content and not to implement its recommendations because it contains
unfounded information.
- The National Human Rights Commission urges HRW to seek information on the basis of human
rights principles and investigations standards.
Done at Kigali, on 9/10/2017