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RWANDA
CASE No. RW/06 - LEONARD HITIMANA

Resolution unanimously by the IPU Governing Council at its 180th session
(Nusa Dua, Bali, 4 May 2007)


The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Mr. Léonard Hitimana, a member of the Transitional National Assembly of Rwanda that was dissolved on 22 August 2003, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/180/12(b)-R.1), and to the resolution adopted at its 179th session (October 2006),

Recalling the following: Mr. Léonard Hitimana disappeared during the night of 7 to 8 April 2003, the day before he was to refute in parliament the accusations of fomenting ethnic division levelled by a parliamentary inquiry commission against his party and him personally; while the sources believe that he was abducted by the Rwandan intelligence service, the authorities, for their part, believed Mr. Hitimana to have fled to a neighbouring country and were very optimistic that he would soon be located; in October 2005, the Speaker of the Chamber of Deputies referred Mr. Hitimana's case to the National Human Rights Commission, which had already assumed jurisdiction on its own initiative; in her letter of 13 October 2006, the President of the National Human Rights Commission stated that the Commission's inquiry into the disappearance of Mr. Hitimana was almost finished and that its report would soon reach the Committee,

Taking account of the letter from the President of the National Human Rights Commission to the Speaker of the Chamber of Deputies dated 20 April 2007, in which she provides an update of the state of the investigation, which still continues, and stresses that the National Police has been working diligently and fulfilled their obligation, which is one of efforts, not results,

Considering that, according to information recently brought to its attention, Mr. Hitimana was allegedly seen by witnesses in October 2004, handcuffed in a secret detention facility of the Rwandese intelligence service,

Recalling also that, while one of the sources has consistently affirmed that Mr. Hitimana's family is being subjected to threats and intimidation, the authorities have found these allegations to be baseless; that, with respect to the latest arrest and detention of Mr. Hitimana's father, the President of the National Human Rights Commission stated in her last letter that, as soon as she found that it had been arbitrary, she referred the matter to the appropriate authorities, and that subsequently he was released on 26 March 2007,

  1. Thanks the President of the National Human Rights Commission for the information provided about the current state of the investigation and for her initiative of intervening in the case of Mr. Hitimana' father; trusts that the Commission will ensure that such incidents do not recur;

  2. Is nevertheless disappointed that her letter does not contain any details regarding steps taken in addition to those already mentioned in the official progress report on the investigation of June 2004; and fears that this may indicate that the investigation has since not been pursued with the necessary rigour and diligence for progress in establishing the whereabouts of Mr. Hitimana, more than four years after his disappearance;

  3. Reaffirms that, so long as Mr. Hitimana has not been found, the suspicion remains of an enforced disappearance, and stresses that the International Convention for the Protection of All Persons from Enforced Disappearance, adopted by the United Nations General Assembly on 20 December 2006, declares enforced disappearances to be an international crime, establishes an absolute right not to be subjected to enforced disappearance under any circumstances and recognizes the right of victims to know the truth;

  4. Considers in this regard that the allegation regarding Mr. Hitimana's secret detention has to be taken very seriously since it suggests, together with the timing of his disappearance, a possible explanation and motive; also considers that, with the passage of time, the speculation that he may have fled Rwanda and be living abroad loses force as the likelihood increases that this would have come to light;

  5. Consequently calls once more upon the authorities to take all the necessary measures to ensure that the investigation into Mr. Hitimana's disappearance explores every possibility, including by looking into this new allegation; would greatly appreciate being kept informed in this regard;

  6. Requests the Secretary General to convey this resolution to the authorities and to seek the requested information from them;

  7. Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 117th Assembly (October 2007).
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