Representing opposition candidates in court in Rwanda is bound to draw the ire of President Paul Kagame, particularly with national elections coming up in August. In proof, American Attorney Peter Erlinder was arrested by Rwandan authorities on Friday, May 28th on charges of “genocide ideology” and remains in prison, having been denied bail earlier this week. Reports indicate that his health is declining and although the U.S. State Department has called for his “immediate release,” it seems unlikely that Rwanda will concede.

Erlinder, a professor at the William and Mitchell College of Law in Minnesota and the leading lawyer for the International Criminal Tribunal for Rwanda (ICTR), was representing Ms. Victoire Ingabire, the United Democratic Forces’ (FDU) presidential candidate who has been accused of genocide ideology and collaborating with a terrorist group. She has publicly recognized a genocide against both Tutsi and Hutu in 1994, a position condemned by Kagame’s Tutsi-led regime. Disagreeing with the official position of the Rwandan government amounts to “genocide negationism,” a law commonly used to quell opposition and freedom of speech.

As the lead counsel for the ICTR, Erlinder has pushed for a thorough investigation of the events that occurred in 1994, including any crimes that may have been committed by Kagame and his party. He alleges that members of the current government took part in shooting down the plane that set off the genocide, which is no doubt the primary reason Erlinder has been imprisoned. In Oklahoma in April, Erlinder filed a lawsuit on behalf of the widows of the Rwandan and Burundian presidents who died in the plane, accusing Kagame of ordering their deaths.

On the whole, Erlinder has been an outspoken advocate for human rights and the advancement of democracy in Rwanda. He has done nothing but serve his duty as a lawyer appointed to the ICTR and should be released immediately. Numerous associations of lawyers – including the National Lawyers Guild – as well as advocates for peace and justice around the world, are calling for his release. Minnesota Representatives Betty McCollum and Keith Ellison introduced a resolution (H.Res. 1426) in the U.S. House on Tuesday, June 8th, calling on Kagame to allow Erlinder to return to the United States. Africa Action encourages constituents across the country to call their members and urge them to co-sponsor this critical and urgent piece of legislation.

The trend toward restricting human rights and free speech in Rwanda is troubling. With the crackdown on journalists and opposition candidates now extended to foreign nationals, it is our hope that a stronger critique of Rwanda will begin to emerge. Since the genocide, Rwanda has been an aid investment haven (ex: $1.034 billion in U.S. taxpayer dollars since 2000 have been given to Rwanda), despite its role in pilfering mineral resources and sparking conflict in D.R. Congo. The Rwandan people deserve the opportunity to build a just and democratic society – an opportunity unlikely to be had if the current government continues jailing human rights defenders and opposition candidates.

Beth Tuckey
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