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IN TIIE UNITED STATES DISTRICT COURT

rON TNT WESTERN DISTRICT OF OKLAHOMA

I') MADAME HABYARIMANA;i,i itoi*"

""p""ity and on behalf of the eslate of the

deceased Presidcnt of Rwanda'

ruV6Nru- HABYARIMANA:

2) MADAME NTARYAMIRAiiri i.* o*" *p""ity and on behalf of the estate' of the

deceased President of Burundi'

CYPNEN NTARYAMIRA;

c l v - 1 0 - 4 3 ? - V luase No.

VS.

I) GENERAL PAUL KAGAME:

zi nvns r.c's,AREsE;ii reusrrN xYAMwASA KAYUMBATri cgeru-ns xeYoNGA;si ilcrsoN lucuRuNZIA, a'k'a Jack Nziza;

ii savuel KANYEMERA, a'k'a' San Kaka;

;i nose KAsuveai recon ruuwrxe9} FRANCKNZIZAIO) ERIC HAKIZIMANA

Plaintiffs,

Defendants

COMPLAINT WITII JURY DEMAND

cwRoNGFULDDATHANDMURDER;CRIMESAGAINSTHUMANITY;vroLATloN oF rlrE rucni'sTr irns' irsERrlllf? SECURITY; ASSAULT AND

BATTERY; INTENTIbNAi iIITITCTTOX OF TMOTIONAL DISTRESS;

VTOLATIONS OT Tii'N,tiXNTEER INFLU-ENCED AND CORRUPT

ORGANTZATIONS ACi-TORfURE; AND CONTINUING CONSPIRACY IN

F'URTHERANCE TIIEREOF)

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JURISDICTION

The Alien Tort claims Acl, 2E u. s.c. g 1350, provides federal jurisdiction for ,,any civil

action by an alien fora tort only, commined in violation of thc law of nations or a trcaty

ofthe united states." This court also hasjurisdiction over plaintiffs' claims undcr 2g

U.S.C. I l33l (fedent question jurisdiction); t8 U.S.C. SEC ll32 and l8 U.S.C. g

1964(c) (Racketeer Influenced and Compt Organizations Act).

Furthcr. thc u.s. Fedcral Extraterritorial rorn,rc statutc, l g u.s.c.A. g 23ztoA, provides

fcderal jurisdiction over'vbocver outsi& thc unitcd Stetes commits or attempts lo

commit torture" or conspircs to commit torture, if said person is a national of the ulltc:L.._

statcs or is presenl in the united st"tes, irrespective ofthe nationality of the victim or

alleged offender.

In addition, Plaintiffs invoke thc supplemenratjurisdicrion of this Court, 2g U.S.C. g

1367, ovcr claims based upon laws of tbc State ofOklahoma arising from ongoing,

substantial contacts b€twcen oklaboma and Defcndmt Kagame and tbc covcmmcni of

Rwands" voluntarily iniriated or cngaged in by Dcfendant Kagame, including, but not

limited to: (a) the Rwandan Presidential Scholars Program at Oklahoma Christian

Univenity, personally established by Defendant Kagame in Oklahoma in lgag; @) the

continuing opcration of said Rwandal Scholars program which now totals morc than 60

Rwandan shrdents; (c) thc Rwandan Ouheach & Community Foundation, staffed by

Oklahoma Christian employecs; (d) Rwandans4Watcr. an initiative of thc Rwandan

Prcsidential Scholars Program; (c) Peacc Through Busincss-Rwanda, a partnership witb

the Oklahoma City-bascd Institute for the Empowermcnt of Womcn; and, (f) the physical

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presence ofDefendant Kagame in tbe state ofoklahoma on Aprit 30, 20t0 to be honorcd

by Oklahoma Christian University, and on numerous other occasions .

PRELIMINARY STATEMENT AND INTRODUCTION

On Aprif 6, 1994 at 8:25 p.m., the Falcon 50 jet of rhe president of the Republic of

Rwanda, registration number "9XR-NN", on its retum from a sunrmit meeting in DAR-

ES-SALAAM (Tanzania) as it was on approaclr to Kanombe Inremational Airpon in

KIGALI, Rwanda, was shot down by hvo surface-to-air missilcs; and

All passengers perished in thc explosion ofthe aircraft, including:

a. Juvinal HABYARIMANA, Chief of State of Rwanda,

b. Cyprien NTARYAMIRA, Chief of State of Burundi,

c. Diogratias NSABIMANA, Chief of Sraff of Rwandan Anned Forces (R.A.F.),

d. EIie SAGATWA, Colonel and Chief of the Milirary Cabinet of the Rwandan

president,

c. Thadd6e BAGARAGAZA, Major and executive officcr in the .maison militaire'

of the Rwandan president,

f. JuvCnal RENZAHO, foreign affairs adviser to rhe Rwandan president.

g. Emmanuel AKINGENEYE, personal physician lo the Rwandan president.

h. Bernard CZA, Minister of Planning in the govemment of Bumndi,

i. Cyriaque SIMBIZI, Conmunications Minister of Burundi.

And the members of the French flicht crew:

j. Jacky HERAUD, pilot,

k. Jean-Pierre MINABERRY, co-pilot,

t?, a, -?2ry4

l. Jean-Michel PERRINE, flight engincct

Thc final ordcr to shoot down tbc Prcsidcnl's planc was givcn by Paul KAGAME,

himself, during a meeting held in Mulindi, Rwanda on or about March 31, 1994, witb the

planning and thc operalional phasc being entrusted to Col. James KABAREBE, who was

specifielly chargcd with the fomration ofa team specialized in the use ofsurface-to-air

missile-s fumished by Uganda in a conspiracy with mcmbers of the non-govcmmcntal

Rwandan Patriotic Army (hercin after RPA).

The material prcparation, the orgaiztion and thc intclligcrcc ncessary for thc

cxecution ofthis plot were brought ogcther with thc direct assistance ofolficen in the

RPA non-governmental consPiracY :

Charles KAYONGA, RPA Battalion Commander,

Jackson NKURUNZIA, a.k.a. Jack NZIZA, Major,

Col. Samuel KANYEMERA, a.k.a. Sam KAKA,

Rosc KABUYE, Major,

e. Jacob TUMWINE, Major, assistant to Lt.-Col. Charles KAYONGA; md

Second Lt. Franck NZZA and Corporal Eric HAKIZ AMANA, mcmbers of thc missilc

section, fired their SAM-16-tyPe surface-to-air missiles at the President's plane alrd

destroyed it in flight; and

General Paul KAGAME dclibcrately chose a modus operandi that, in the context of the

particular tcnsion pcnrading both in Rwanda and Burundi bctween the Hutu and Tutsi

communities, could only bring about bloody rcprisals against thc Tutsi community, and

which offered him a veneerof legitimacy forhis rcn*al of hostilities and his scizing of

State power in Rwanda by criminally violent mcans.

a,

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TTIE PLAINTIFFS

10. Madame HABYARIMANA brings this action individually, and as administrator of the

estate of her husband, Juv6nal HABYARIMANA, now deceased, who was a subject.

citizen, and rcsidcnt of Rwanda. Madanc HABYARIMANA presently rcsidcs outside of

the United States and is not a citizen of the United States'

I l. Madame NTARYAMIRA brings this action individually, and as administlator of the

estate of ber husband, Cyprien NTARYAMIRA' Chief of State of Burundi' now

deceased. Madamc NTARYAMIRA prescntly resides outsidc of the unitcd States and is

not a citircn of the united States.

THE DEFENDANTS

12. Defcndant Gcneral Paul KAGAME, Commander-in-chicf of the non-govemmental RPA

and the current President ofthe Republic of Rwanda'

13.DefendanrLt . -Col .JamesKABAREBE,assistant toGenclalPaulKAGAMEandChief

of Stafffor the .Rwandan Patriotic Army' (RPA), now known as the'Rwandan Defense

Forces'(RDF).

14. Defendant oflicerFaustin NYAMWASA KAYUMBA, cunently a Major General'

15. Defendant Officer Charles KAYONGA, the RPA Battalion Commander bascd in Kigali

and currently Brigadier General and advisor to the Presideni for National Defense

Affairs.

16. Defendant Jackson NKURUNZIA, a'k'a' Jack NZIZA, Major'

17. Defendant Col. Samuel KANYEMERA, a'k'a' Sam KAJ(A'

| * l r It . 22116/4

18. Dcfendant Rose KABUYE, Major, assigncd to the RPA battalion that quartercd the

commandos in the RPA headquaners (known as C.N.D.) in Kigali bcforc thc attack.

19. Defendart Jacob TUMWINE, Major, assistant lo LL-Col. Charlcs KAYONGA, who

recoivcd the missiles to bc uscd in rhe attack at his quartcrs in thc C,N.D. and took parl

witb otbcr officers around Paul KAGAME iD thc last meeting where the ordcr to shoot

down 6c plane was givcn.

20. Defcndant Second Lt. Franck NZIZA, mcmber of the missile sectioo that fircd his SAM-

l6-typc surface-to-air missilc at the President's planc and destroyed it in flight.

21. Defcndant Corporal Eric HAKIZAMANA, anothcr membcr of thc missilc section that

fircd his SAM-16-typc surfacc-to-air missilc at the Prcsidcnt's planc and destroyed it il

night.

22. Whcncvcr and whcrcvcr rcfcrcncc is madc in this Complaint to any conduct by

Defendant or Defendsnts, such allcgalions and rcfercnccs shall also be dcemed to mcan

thc conduct ofcach oftic Dcfcndants, acting individually,jointly and rcvcnlly.

23. Whcnevcr and whcrever reference is made 1o individuals who arc not named as

DefcndanB in this Complaint, but wcrc emPloyecyagents of Dcfcndanls, such individuals

gt all retevant timcs actcd on behalf of thc Dcfendants nanred in this Complaint within the

scopc of their rcsPcctive cmployments.

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Planned Assassinations

24. While there may be some dispute regalding the particulars ofrhe long history ofconflict

for political powcr in Rwanda and Burundi, betwccn groups known as "Hutu" and

'.Tutsi." there can be no doubt that the invasion of Rwandan tmitory by Tutsi ex-Patriot

elcments of tbc Ugandan amy in october 1990 (a.k.a. the non-governmcntal RPA), led

by Defendant Paul Kagamc, ifthe /trst cause of evenis ft tat t::ffl J 0

bgnvcgn{Plilgrjl July 19942, and has resulted in morcthan scven million dcaths in-. I a

t-CeqlSl4trle-Cl!9lthat time. I

25. Aftcr an initial convcntional assault on Octobcr l, 1990, tho Kagame-led RPA engaged in

a plarrned stratcgy of..guerilla'' warfarc with thc purposc of: (a) dcstabilizing the

Habyar imanagovemnrent i (b)makinguscof theU.N'sponsoredArushanegot iat ionsand

association with opposition political parties as a "cover" for RPA war preparationsi and

(c), having achicved military superiority as early as Fcbruary I 993' seizing power by ll

military forcc in a final assault initiated by the assassination ofPrcsidcnt Haby ̂ ;^ ,u.tll -/

ll

J tt i, rirs plan that touched offthe long-predicted civilian killings known as thc "Rwond"l

II Genocide."

26. Thc months or late I 993 and caly I 994 include many cxamples ofacts of sabotage,

assrsinations and disorder carried oul by the Kagame Army (RPA) for the purpose of

destabilizing, and discrediting the Habyarimana govemment, These acts included the

killingofoppositionpoliticalleadersandTutsiciviliansandlodemonstlatethatthe

IFoolno&rcfcrcmcsarctodoomcntsaody'ortcst imonyinthcEcordinthcMi| i lary. ITr ia|a(thclhtcmations|

Criminal Tribuoal for Rwand&iJ*lrlrriiyii*irrisses, DH-go and DH-91, who witnessed thc Invssion in the Parish in which one ofthcm

: #;tilli$lfil;",lli,i:t*tto':*",, ,"san srriak, coroncr Luc Mdchar and wirncss ALL-42

.32?e/A

current Rwandan govcrffnent could no longer ensure security ofthe population and rocrcarc propaganda.to discredit tbc Habyarimana govemmcnt in the cyes ofthciatcmationar commuaity.a Tbis stmtegy wcot hsnd-in-hand wilh thc miritary buird_up forthc "final assaurt", which was thc orly "ptan" or'.conspiracy,'that incrudcd fte kiring ofcivilians- Ir was at abis timc, latc Novcmber 1993. tbat U.S. ambessador Flaren

specificalry wamcd Gen' Kagamc and president Habyarimana that thc party that resumedbost'ities wourd bc responsibte for thc prcdicted civilisD cssuarti* 0n the order ofrhcreccnt rnassacrcs in Burundi.J In dircct violstion ofthis waming, Generat Kagame

resuDed hostilities by shooting down thc plaDe carrying thc lwo Hutu presidcnts.

27' whilc clcmcnts of the Ksgamc RPA wcrc committing acts of ..tcrrorism,.ro destabilize

and discrcdit thc Habyarimana gsvcmmcnr iD earty 1994, its negotiatore wcrc acdvely

cngaged in blocking the implementadon ofthc U.N. sponsorcd peacc agrecment (Arusha

Accords) and Kagame was alrcady tlrreatcning war.6 By April l, 1994, not only had thcrEprcsentativcs of all intcrested

implcmentation of the Arusha Accords had been resorvcd, but U.s- Ambassador David

Rawson confimred that ir was intransigence of thc Kagamc-rcd RpA that was preventing

the implementation of thc Arusha Accords.T

'Tstimny of Abdut Ruzibia, 9 Much 2006'Tcstimffy of Flncn, 30 Junq I July 2005

: flil1J RII:I R5llgrp.Xlili.t*174, DNr243, DNr?ii. DNr2i4, DNr256. ud DNr262'erUbis ONtl r, oHrlZ, i iNii i i .

'-.- ' .,-, v,. I z1r, uN I j)r, uN r254, DNT256. ud DNT262ExHrBrrvrFrnMoNy oo"",",r"

"*o?llf lr_,;p,ml?lI::-.SHRoN.o.^Loctc^L LrsrrNc oF DocuMENrARyExHrBrrvrFrrMoNy osscnrerxc rse expL^nii,or,;;;;;;;ffii;;;,;il;i',lt"1itffill

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28. The final plans to assassinatc Prcsidcnt Habyarimana wcrc convertcd into spccific ordcrs

fronr Paul Kaganre on March 31. 1994, which wer€ put into action on April 6, 1994. An

assassination team ofKagame's RPA called "the network" launched Uganda-supplicd

Soviet missiles from Masaka hilt at about 8:30 p.m. on April 6,1994.e Not only was this

revealed before the ICTR Trial Chamber, but Fretrch Terrorist Judge Bruguiere anived al

this conclusion based on the testimony lhat he heard in hearings leading to the indictmenr

issued in November 2006. r0 Similar findings were reached by Spanish investigating

Judge Mcrelles.l I Furthcr, all RPA commanders had been brought to Mulindi, on April 4

I 994, in apparent preparation for the assault to seize power that Gen. Kagatne ordered on

the night ofApril 6, 1994, shortly after he had received news ofthe successful

assassination attack- r2

29. The assassination certainly was an act of war, as well as a terrorist act, as well as a

violation of the cease-fi re. The timin g of the orders for the Kagame- led troops to nlount

thc final assault on the night ofApril 6, 1994 - and no, the aftemoon on April 7, belies

the assertion that tbe Kagame's resumption ofwar was launchcd in responsc to thc killing

ofhis supporrers-13

r SEE CHRONOLOCICAL LTSTTNC OF DOCUMENTARY EXHIBITVTESTIMONY OESCRIAING THE EXPLANAT'ON OF EVINTS

DURTNC THE t99G9,a RWANDA wAR. Jan-April 6 Scctions, elseg. Fomcr U.S. Anbasador Flaren tcstificd thot hcpcnonolly wamed Kagamc that, ifHE stancd thc wd agrin, HE would bc rcsponsiblc for killings likc tbse that hadracntly wuncd io Burundi. Oncc Kagmrc rcsumcd thc wt, lhc prcdictcd killings followed apace. What woslackiag ms thc military opability to stop thch by curcnt Rwando Amy (thc FAR), and thc lack of will to do so,on thc palt ofKtgamc'5 RPA bccaue thcy rvcre winning the War.' t d .ro Sec Bruguicrc lndictsndt of RPF Atlachcdrrsce Mercllcs Indictrnent of Paul Kapamc md RPA attachcd.12 /d.....Nlso 8RA-l (T. 05/04/06, p. 6;{7)lrTcst inrooyofColoncl Marcbal (T.30/ l t /06. p.27-28); Lugan (T. l5 l l l /06. p. ! ) ; Ruzibia (T. 09103/O6.p.2G28,

38-39). ALtl2 (T. 091 | | 106, p. 2t)

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30. Irr fad, Gcn. Kagamc and the RPA resumed the war, withour any provocation, with tle

assassinations of Presidents Habyarimana and Ntaryamim. Fronr thc srandpoint of fixing

ccntral rcsponsibility for thc massacrcs that the assassinations of Presidcnts Habyarimana

and Ntayarmira touehcd o{f, thce acts wcre undcrtak en witJr, full knowledge on the parl

of Gen. Kagame that resumption of the war u'ould carce marsive civilian casualties,as

U.S. Ambassador Flaten had wamed somc fivc months carlier and as prcdicted by thc

U.S. Sutc Dcpartrncnt. r{

Continuins and Deepcninq tbe Prcdicted Bloodbath

31. The rcsponsibility of Gen. Kagmc and thc RPA for thc massacrcs that thc RPA

sssassination ofPres. Habyarimana touched offdoes not end with the inception ofthose

killings. Gen Kagame admitted to U.N. Gcn. Dallairc on Apfil22, 1994, the prcdicted

civilian massacres wcrje arl integral patt of his war plan. In responsc lo Dallairc's

complaint that the RPA was not using its troops to savs thc prcdicted Tutsi victims of the

rcnewed combat, CeD. Kagamc said that, "Thcre will be many sacrificss in this war. If

the rcfugecs have to bc killed for the causc, thcy will bc considcrcd as having bcen part of

thc 'sacrifice' for his war plan."15

32. Frcncb Judge Bruguierc and Spuish Judgc Msclles noted that on numcrous occasions,

bcginningonthenightofAprit 6. l994,6cRPAandGen.Kagamcrcjcctcdccasc-firc

offers by tbc Rwandan Gcncral Army (RGF).I6 Gen. Dallairc also notcd itr contempomry

tt ,Scc fotnotc 5-It T6ri|My of DrlhiE (T. 27ru1lO4. P. E7-tE) rnd b@k (Exhibit DNT33) on pagc 35E (English) or45l (Fmch):

TcstimyofRcyntjcns(T 2ID9/04.p-'19-t)).whcnomcntingoothcKagomsutcmcnt,Rcyrrjdrconfmedrhrt othq RPF l6dcr mldc thc srmc slatcmcnt (T. 2lo9O4, p. 49-50). During his tclirnooy. Ruibizonobontcd Reyntjcro (T. 09/03[6, p. 62)ri Bruguicrc Rcpon; Tctimony of witncss Coloncl bc Mrchal Cf. 30/l lm6, p. 25-26)

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codecablcsthat theRPAwouldnotagrectoaccase-f i rcwhi lc i twaswirur ing. l? The

ICTR testimoDy offormer RPA officer Josbua Ruzibiza, and a confidential wihress,

(BRA-I), recount specific examples ofGen. Kagame ordering bis troops ,a, to intervcnc

to save civilians and removing officcrs from their commmd for anempting to do so.18

Judges Bruguiere and Merelles found, and other witnesses testified that the RpA

aflirmatively blocked the intervention ofan intemational peace-keepilrg force intended to

l 9save luBl l lves.

33, In addition to the direcr responsibility ofGen. Kagame and thc RPA for bringing the

Rwanda civilian massacres about by assassinating Pres. Habyarirnana and Ntaryamira

and resuming the war, and for blocking the possibility ofmilitary intervention to stop the

massacres once they began, Gen. Kagame and the RPA are also dircctly rcsponsible for

massacres conrmitted in areas occupied by their forces, or where combal was occurring.

As early as the night of April 6-7, 1994, squads were leaving R]A headquarters 1o kill

persons, particularly in Remera araa, near thc RPA beadquarters. According to witnesses

Prof. Reyntjens and U.N. Coloncl Luc Marchal2{these were'politicatiuur* ii*r* I

yt - t

and leaders,

34. Kagamo's RPA massacred thousands in the stadium in the northern city of Byurnba

shortly after seizing control ofthc cify on April 7, lgg4.2t A.nd, as thc main force of

" Exhibits DNslo6, DNTI I r, DNTI tz, DNTI tJ, oN'l-t 18. DNTI88 ad DNTIBSrr Tcstinrory of Ruzibia (T. 09/03/06, p. 45) aod witncss BM-l fI. 06r/04O6, p. 6E)It Bruguicrc. p. 46; Tcstimony ofwitncsscs Coloncl Dcwez (T. 24106/05, p. 49); Dcsoutcr (T. 04/04/06, p. l9) nndColoncl Luc Marchal (T.30i I l/06, p.25-26).s Rcyotjens Tctimony (T.221091M,p.30) his book Rweda. Tmis jours qui onr fait buculr I'bistoirc, p. 62 andTcstinnny ofwitncs Colonel Luc Marcha (T. 0l/12106, p. l)."' T6timony of witnBs BRA-l on (T. 06/O4106, p. 6455); witness ALL-42 O. 08/l l/06, p. 4l4l)

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Kagame's RPA swcpt southward from Byumba,/Mutam, it reached the area around

Kubungo/Rusomo in the sout}east ofRwanda ;n thc two weeks aftcr April 6.2

35- As early as May 17,1994, Unitcd Narions Higb Comrnissioner (UNHCR) for Refugees

reports show that thousands ofcivilians werc systcmarically being_massacred by

Kagame's RPA boops in areas around Rusomo and in the castern third ofthe country that

had be€n coDtroilcd by the RpA sincc the third week in April.2r Tbc RpA massacres in

the eastem part ofthe country wcrc documented by Robert Gersony, U.S- State

Department Human Rights investigator, who reported 0rat in a fcw wecks he had

concluded that no fewcr than 4o,0o0 civirians had becn killed by Kagame's RpA roops

in a manner tbat could only bavc muned as milirary operations in a small pan of

Rwalda.2a

36. Although it cannot be denied that nuny Rwandans, both Hutu and rutsi wcrc killed by

opponeots ofthe RPA, thesc killings were ro, as a result ofa ..pre_planncd government

led genocide" or "conspiracy".25 Rather, like killings had occurrcd in Burundi in october

1993, as rcsult ofviorence following rhe assassination ofthe first Hutu prcsident,

Mechiov Ndadaye' The killings io Rwanda began as a rcaction !o the assassination of the

sccond and third Hutu prcsidcnls ki[ed in thc last six monlhs. The Kagamc RpA war of

r For a nmary of sore of thc qime cmmirtcd by Dcfqd.nt K.g.* ud @{arpintori i[ thc funhc'D* off-rc alspiruy' *c s''-ry prcpr*d by paur Rusebagina, rhc rut figw dcpictcdin rhc rwaa winning firrn.Hot.l Rwn&\.at chd." Mry 17 Codc Cabl.' &G cHRoNoLoctc^L LtsrrNc oF pRosecunoN AND oF DocuMENTAty ExHrBrrvrEsrlMoNyDEEcS.tBrNc THE EXPLANATION oF EVENTS DURTNG fHE l9c9. RWANDA wAR. Mly Scclioo!-G-6ony Rcpon-(Exhiut DI(-r ,2) srd,Etaicd asrimy bc wi ** i.-'rur-i" viamey Ndagijimna fomr$_9f$rn t'tinisl_c,r. q1t6'/t t/06. p. iGsE). ,Sca cxno*orocn'. LrsrrNo oF ?RosEcu'oN AND oFDOCI,MENTARY EXHIBITVTESTIMONY DESCAIEING Tt{E EXPT^NENOX OT CVSNTS OURTNG THE I990.9' RWANDA WAR&ptmbcOctobd 1994 Seiioru, cr rs?."-&4 lcr& Mititlry-r Judgmt of February 8, 2009, acquining rop mirit ry omcen who opposcd Kagamc.s RpFof onspinc1r o plming to conmit gcaaidc.

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invasion, as predicted by U.S. Ambassador Flarcn and many others, triggercd massive

civilian on civilian violence.26

37 ' The predicted tragcdy reached unpredicrabre proportions because the RpA m'itary

objcctives requircd that the country descend into chaos, as part of its war plan, and tlat

massacres of the population woe considered mercly collateral damogeby Geo.

Kagame.27 Both he and the RPA bear responsibility for their scope and extent, and_t_e -. 1conspiracy to avoid responsibility for rhejr own crimes tbat continue todav. I' - l

I

GENERAL ALLECATIONS

38. As a direct and proximate result ofDefendants'unrawfirr conduct, praintiffs have suffered

and will continuc to suffer harm including pain and sufrering, and extreme and sevcre

mental anguish and emotional disbess. plaintiffs are thcreby entitled lo generar and

compensalory damages in amounts to be proven at trial.

39. Plaintiffs'causes ofaction arise under the foilowing laws, agrcements, conventions,

resolutions and treatics:

Alien Tort Clainrs Acr.28 U.S.C. g t350;

Torturc, l8 U.S.C. $ 23404

Racketeer lnfluenced and Com:pt Organizations Act, I g U, S.C. gg I 96 I - I 96g;

Customaqr international law:

United Nations Charter, 59 Stat. I 03 l, #3 Bcvans I 153 (194S);

l 3

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b,

d.

* 'Ihc cle had prcdictcd in JeEry t994 that in .1.c of rcsumplion of hostilitics ro maoy as half a million pcrsonsmight dic. Thir infomatiqo is found ir tbc_book of Dcs Forge..Leve nonc ro rcil tlc siory" on pag" ia.

'- : -

".crc-ss cxamination tcstinrony ofGm'.Dallairc.relatcd ro codc cablc ofAprit 2-1, 199a. rcporting iis convcrsarionwirh Klgamc in Murindi and rcpon of rhc samc in his book, from which rhc',cottaieor a".irg.': ri"gu"gJ;;;;^.

a. i {t t ,' *&.r y'i1 223s/A

f. Universal Dcclaration of Human Rights, G-A- Res. 2 l7A(iii), U.N. Doc- A./g f O

(te48);

g. lntcmational Covenant on Civil and political Rights, G.A. Res. 2220A(xxi),21

U.N. Doc., GAOR Supp. (No. I6) at 52, U.N. Doc. A/6316 (1966):

h. convcntion Against Torture and othcr cruer, rnhuman or Degrading Treatment

or Punishment, G.A. Res. 39146,39 U.N. Doc.. GAOR Supp. (No. jl) ar I lOO.

U.N. Doc. N3gt1t (tgt4);

i. Declaration on the protclion ofAll pcrsons From Bcing Subjected ro Tort'rc and

Othcr Cruel, Ilhuman or Degrading Treatmcnt or punishmcnl G.A. Res. 34SZ, jO

U.N. Doc., GAOR Supp. (No. 34) at 9t, U.N. Doc. NIO034 (19.t6):

j. Common law of the United Statcs of Amcricat

k. staotes and common law of thc statc of okrahoma, inctuding but nol limited to

wrongful dcatb, assault and battcry. intentionar infliction of cmotiornt distress,

and the

L LawsofRwanda.

40. There is no independent functioning judiciary in Rwanda and any suit against Defendants

therc would havc bcen and would still be futite and would result in scrious rcprisals.

t 4

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COUNT I

(Wrongfirl Death - Murder)

4 L On tbeir own behalfand on behalfoftheir deceased relativcs, JuvCral Habyarimana and

Cyprien Ntaryamira, PIaintiffs rcallcge and incorporate by refcrcncc thc allegations sct

forth in paragraplrs I through 40 as is fully set forth herein.

42. As a direct rcsult ofthe Defendants' acts and omissions and as a result ofthc dealh of

their respective husband, Plaintiffs have sustained pecuniary loss resulting from the loss

ofsociety, comfort, afteniion, seruices, and support ofeach deccdent-

43. Paul Kagame, et al are liable for said conduct in that Defendants directed, ordered,

confirmed, ratified, and/or conspired with the military regime in bringing about the

wrongful deaths of Juvdnal Habyarimana, Cyprien Ntarymira, Diogratias Nsabimana,

Elie Sagatwa, ThaddteBagaragaza, Juvdnal Renzaho, Emmanuel Akingeneye, Bcrnard

Ciza, Cyriaque Simbizi, Jacky Heraud, Jean-Pierre Minaberry, and Jean-Muc Penine.

,14. The acts described herein constitute wrongful death, actionablc under the laws of

Oklahoma, the United States, and Rwanda.

l 5

22%h

couNT 2

(Crimes Against Humani6r)

45' The allegations sct forth in paragraphs r tbrough 44 ofrbis compraint arc rcatcgcd and

incorporated by reference as iffirlly set forth herein.

216. The acts described hcrein against ptaintiffs constitutc crimes against humaniqr, in

violation ofcuslomary intemationar law whicb probibits inlumanc acts ofa very serious

D.a,'C such as willfut kiling torturc and other inhumane acts comrnitted as part ofa

widespread or systematic attack against any civilian population. Lc.adcrs, organizers,

instigators and accompriccs participating in thc formulation ofthese acrs are responsibrc

for all acts performcd by any pcrsoo in exccution ofsuch plan.

47. Tbe acts dcscribed hercin constitutc crimcs against humanity in vioration ofthe Alicn

Tort claims Act, cuslomary intemational law, thc common law of thc United starcs. the

statules .nd common law of Oklahoma, lhe laws of Rwanda, and thc intcmational

tsestics, agrccrnents, convdrtions aDd rcsolutions dcscribcd io paragraph 39 hercin.

48. Dcfand""ts Paul Kagame, er a/ are liablc to ptaintiffs for said conduct in that Defendants

dircctcd, ordered, confirmd ratified, and/or conspircd with thc military rcgime in

bringing about the crimcs against humanity committcd against plaintiffs.

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I t d r r ' t

lr, ".e i.t' . el'-' alry/A

COI,JNT3

(Violation of the Rights of Life.Libcrty and Sccurity ofpereonj

49' The ategations set fonh in paragraphs r through 4g ofthis compraint are rea,eged andincorporated by reference as if fully set forth herein.

50' The shooting down ofpresident Habyarimana,s plane consritutes violations ofthe right toIife, liberty and security ofperson ofall those on the plane.

51. Thc shooting down and killing ofoccupants ofthc prane constrtutes violations ofthe

righrs to life, liberty and security ofperson, for which Defendants Kagame, e/ a/ areIiable.

52' The acts described herein constitute viorations ofpraintiffs,rights to rife, ribcrty and

sccurity of person in vioration of the Arien Tort craims Act, customary intemationar raw.

the common law of thc United states, the statutes and common Iaw of oklahoma, the

raws of Rwanda' md the intemationar treaties, agreements, conventions and resorutions

described in paragraph 39 herein.

53' Defendants paul Kagame, e/ a/ are riablc for said conduct in that Defendanrs directed.

ordered, confirmed, ratificd, and,/or conspired with the military rcgime in bringing about

tbe illegal violations oftie rights ro life, liberty and security ofperson.

a '

- t " ' i a / , t v r " 22W

(

COUNT4

(Assault and Battery)

54' The allcgatioos sel fortb in pangraphs r through 53 ofthis compraint arc raneged and

incorporated by rcference as if fully sct forrh herein

55. As a rcsurt ofrhese acts, praintiffs wcre praced in grcat fear for their rives and suffcred

scvcrc physical and psycbological abusc and agouy.

56. Dcfendants'acts wcrc willfirl, intcntional, wanton, malicious and opprcssive.

57. Defendanrs arc liable for said conduct in that Dcfcn&nts dirccted, ordcred, confirmcd,

ratified, and/or conspired with thc military rrgime in bringing abour the assaurt and

banery ofthc occupants ofthc planc and tcns ofthoueands ofRwandans-

58. Thc acts described hercin consiitutc assault and banery. actionabre under the laws of

Oklahoma, tbc Unitcd States and Rwanda.

COUNT5

(lntentional Infl iction of Emolional Distrcss)

59. Tbe allcgations ser forth in paragraphs l through 5g of this cornpraint are rcailcged and

incorporatcd by refersrcc as if fully sct forth hercin.

60. Thc acts described hercin constitute outragcous conduct in violation of all normal

standards ofdecency and wcrc without privilege orjustification.

61. Thesc ouragcous acts wer. iotentional ond rnalicious and done ror the purposes of

causing Plaintiffs to sulrer humiliation, mcntal anguish and exrreme cmotio,nal and

physical distess.

t 8

t* 4 .

* '

* 1 , r tlF ' l

;il 22.3',/4

62. As a rcsult ofDcfendants'acts, Plainliffs were placcd in great fear for their livcs and wcrc

forced to suffer severe physical and psychological abuse and agony.

63. Defeodants are liable for said conduct in that Defendants directed, ordered, confimed,

ratificd, and/or conspired with the military reginre in bringing about thc intcntional

infliction of emotiona) distress oF the occupants of the plane, the relatives of the

ocepants and tens of thousmds of Rwandans.

64. Defendants outrageous conduct constitutes the intentional infliction of emotional distress

and is actionable undcr the laws ofOklahoma. the United Statcs and Rwanda.

COI'NT 6

(Violations ofthe Racketecr lnflucnced andCorrupt Organization Act)

65. The allcgations set forth in paragraphs I through 64 ofthis Complaint are realleged and

incorporatcd by reference as iffully set forth herein.

66. From not later than 1990 to the presm! Delendants Kagame, et al, and their agents and

@-coDspirators iormed a RICO "enterprise" within the meanhg of 18 U.S.C. $ 196l(4)

engagcd in foreign. and interstate comnerce.

6?. Altematively, Defendants and their agents and co-conspirators coDstituted an association

in fact for a common purpose witb a continuous existence separate and apart from thc

pattern ofracketeering activity in which they engaged. This association in fact constituted

an enterprise within the meaning of I8 U.S.C. $ l96l(4).

68. Each Dcfendant is an "individual or entity capable of holding a legal or beneficial inleresl

in propcrty" and, as such, each conslitutcs a "person" within the meaning of 1 8 U.S.C. $

r96l (3) .

t 9

la i:. .'

69. Tlrc Dcfcndanb are engaged in intemtatc acts of commercs and the acG allegcd hcrein

havc a potcntisl effecl on ommerce.

70. Ovcr a pcriod ofyears and continuiag ao thc prcscot, Defcndants with their cG

conspirators or agentq in violation of I g U.S.C 0 | 962(b) through a patcrn of

rackcteering activi5r, havc acquircd and maintained an int€rest in resources in the eastcm

Congo to their own bcncfit.2r

71. Al all tirncs relevaat to this complaint, thc Dcfend,nr5, and their agents and co-

cons?irstors cooductcd, or parricipatcd directly or indircctly in thc conduct ofthc affsirs

ofthc enterprise through a pattcrn ofrackctcering activity, wirhin the ncaning of lg

U.S.C. $ l96t (lX5), in violation of l8 U.S.C. $ 1962 (c).

72. At zll times relcnnt to this complainr, thc Defendants Kagame, et or, in violation of l g

u.s.c. 0 1962(d) combincd aod conspircd rogethcr and with rheir aSents and co-

conspirators to commit conduct thc affairs ofthc cntcrprise through a pattcrn of

rackcrccring activity.

73. ln firrthcrance ofttc conspiracy, and ro cfrcct thc objects thercof, thc Dcfcndants

commiftcd overt acts as set forth morc fully in paragnphs r through 65 and in the

attachcd indictmcnts and ICTR Complaint.

74- During 1990 tbrough 2010, in violation of rg U.s.c gg 1962(c) and (d), Defendants, with

thcir agents and co-conspirators, conspircd to and did conduct the offairs of the entcrprire

through a pattem ofracketcering activity-

75- Thc panem ofrackcteering activity alleged ia paragraphs l rlrough 64 abovc inctudcd

thc following spccific acts, all ofwhich constitutcd and arc dcfined as racketeering

q s--e Expcn Rcporrs of 200t,2002, 20oJ, 20oE commisioncd by u.N. s@nry councir dcr.ailing ongoing rhcff ofbilliqs of dollan of nstunl Gourcs from ahe astcm Congo by-Dcfcndurs.

20

22s"/A

223t/A

activity by lg u s'c' $ r96r(l) and at ofwhich are scr forth in rhe spccific nr,,nbcrcdparagraphs herein which are realleged and incorpomted here by reference as iffully setforth, as follows:

a. arsoni

b. murder:

c. torfure;

d. extonion;

76' Defcndaots'acts alrcgcd hereiu havc substantiar effect within thc unired shtes.77. As a direct and proximare result of rhe Defcndans,violarions of I g U.S.C. $$ 1962 (b),

1c) and (d) plaintiffs havc suffered injury to business, propsrry, reputation and riverihood78' The injuries suffered by each praintiffwcre rcasonabry fioreseeabre or anticipared by the

Defendants as the nahral consequence ofDefendants, acts.

2l

a .t 1 , . - | " t

COUNTT

(Torture)

79' under lg u's' c. 2340A (a), whoever outsidc the ua,tca states commits or attcmpls rocommit torture is subject to criminar penarty of not morc than 20 ycan, or botb, and ifdcath results to any pcrson Fom conduo prohibited by this subsrcrion, shall be punishcdby death or imprisoned for any tcrm ofyears or for life. Such provision makes oul acomparabrc craim for damages' arising from ,nc tort associated with thc aforesaidcriminal act_

80. In the momcnts immediately prior to their deaths, thc deccdents experiencedpsychorogical and physicat discomfon smouoting to torturc, arising from their impcndingdcaths arrd intcntional and murdcrous acts ofdcfcndan ts Kagame et al.

8r ' Thc federar courts ofthc united states havc expricit criminar jurisdiction over the activitvprohibited in subsection (a) if- thc alteged offcnder is prrsent iD thc u'ited s,,tcs,irraspective ofthc nationality ofthc victim or allcaed offcnder.

82' Defcndant Kagamc hac been prescot in thc united States on numcmus occasions and wasprcscnr on April 30, 2010 within thc forum Shte of Oklahoma.

E3' The injurics suffercd by each plaintiffwere rcasonabry foresecabre or anticipatcd by thcDcfcndants as thc latural conscqucace ofDcfcn&nls. acrs.

223o/A

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t € 22??/4

COTJNTS

(Conspiracy to Torture)

34 undcr I8 u's.c, 2340 (c) -A person who corlspires to commil torture. or attemprs tocommit torture' shat bc subject to the same criminar penarrics (othcr than the penarty ofdeath) as the penarties prescribed for the offense, the comrnission of which was the objectof the conspiracy, tbus estabtishing a similar eause ofaction in tort.

85' Up to and including the mome't tre pr'ne crashed, thus exhnguishing tbe lives ofdccedents, defendants Kagame, et al, wcrc engaged in the conspiracy to murder, andlorturc, the occupants ofthe plane for which they had meticulously prepared.

86' The injuries suffered by each plaintiffwere reasonabry foreseeabre or anticipated by theDefendants as thc natural consequence of Defendants, acts-

E7. Since the deaths occurred, defendants have bcen engaged in a conspiracy to.,cover-up,,

and deny their culpability, along with un-named countries and co_conspimtors.

PRAYER FORRELIEF

WHEREFORE, plainriff requests tie foltowing relief:

88' That this court assumejurisdiction ofthis cause to derermine this controve*y and set thiscase for hearing on the meriB:

89. The award ofcompensatory damages to plaiDtilFs in the amount of$250,000,000.00.

90. The award ofpunitive damages against the Defendants,jointly and ssverally, in theamount of 9100,000,000.00

9r ' That this court alrow thc plainriffcosts, cxpenses and attomeys, fccs, and also grant suchalternative reliefas may seem to the Court, just, proper, and equrtable.

Z J

e f , r ' " 't q , ' 4 .

222%

JURY TRIAI, DEMAND,praindffs demand a jury triar, pursuant to tbe seventl Amendmcnt [o the coDstitution oftbe United States, as to all claims for darnages.

PLACE OF'TRIALplaintiffs designate Oklahoma City, Oklaioma as the place of t ial.

Dated: Respecffulty submiffcd.

WZclbst, Holmes & Burler,

_ .

p.O. Box 365Lawton, OK 73502_036iTet: (580) 248-4844Fax: (580) 248_6916zclbst@zclbst.cometomey tor phint_ifs

prof. petcr Erlinder,Director, Intcmational Humaniurian Law

Wm. Mitcbell College of Lawg7i Summit AveSr. paul, MN 55t05651_290_6384

Kurt p. Kerns, KS Bar #1502g

itp"ilI:rn_ Manr anJ -q;;b,

r.r.c.wicbita, KS 67202

. 3t6_265_551 Ikurtpkcms@aol.com

-' Yt. Z.lUst i. "

rcrnbq of thc Br r-r.1qt1le Mr. Kcm i"

" *.u- orotf $jl l":J'^tt Erliodcr is a nrcmbrthis cocn rr rhis rim ,. -,. e* or,r," s,.; ;',a;i"I ^liilT,filhr,fr,:lH::1"""i |Iffi"fl

24