Erlinder's arrest: the real reasons
23 juin 2010IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
1) MADAME HABYARIMANA; )
in her own capacity and on behalf of the estate of the )
deceased President of Rwanda, )
JUVÉNAL HABYARIMANA; )
) Case No.
2) MADAME NTARYAMIRA; )
in her own capacity and on behalf of the estate, of the )
deceased President of Burundi, )
CYPRIEN NTARYAMIRA; )
)
Plaintiffs, )
)
VS. )
)
1) GENERAL PAUL KAGAME; )
2) JAMES KABAREBE; )
3) FAUSTIN NYAMWASA KAYUMBA; )
4) CHARLES KAYONGA; )
5) JACKSON NKURUNZIA, a.k.a Jack Nziza; )
6) SAMUEL KANYEMERA, a.k.a. Sam Kaka; )
7) ROSE KABUYE )
8) JACOB TUMWINE )
9) FRANCK NZIZA )
10) ERIC HAKIZIMANA )
)
Defendants. )
COMPLAINT WITH JURY DEMAND
(WRONGFUL DEATH AND MURDER; CRIMES AGAINST HUMANITY;
VIOLATION OF THE RIGHTS OF LIFE, LIBERTY, AND SECURITY; ASSAULT AND
BATTERY; INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS;
VIOLATIONS OF THE RACKETEER INFLUENCED AND CORRUPT
ORGANIZATIONS ACT; TORTURE; AND CONTINUING CONSPIRACY IN
FURTHERANCE THEREOF)
CIV-10-437-W
JURISDICTION
1. The Alien Tort Claims Act, 28 U.S.C. § 1350, provides federal jurisdiction for "any civil
action by an alien for a tort only, committed in violation of the law of nations or a treaty
of the United States." This Court also has jurisdiction over Plaintiffs' claims under 28
U.S.C. § 1331 (federal question jurisdiction); 18 U.S.C. SEC 1332 and 18 U.S.C. §
1964(c) (Racketeer Influenced and Corrupt Organizations Act).
2. Further, the U.S. Federal Extraterritorial Torture Statute, 18 U.S.C.A. § 2340A, provides
federal jurisdiction over “whoever outside the United States commits or attempts to
commit torture” or conspires to commit torture, if said person is a national of the United
States or is present in the United States, irrespective of the nationality of the victim or
alleged offender.
3. In addition, Plaintiffs invoke the supplemental jurisdiction of this Court, 28 U.S.C. §
1367, over claims based upon laws of the State of Oklahoma arising from ongoing,
substantial contacts between Oklahoma and Defendant Kagame and the Government of
Rwanda, voluntarily initiated or engaged in by Defendant Kagame, including, but not
limited to: (a) the Rwandan Presidential Scholars Program at Oklahoma Christian
University, personally established by Defendant Kagame in Oklahoma in 2006; (b) the
continuing operation of said Rwandan Scholars program which now totals more than 60
Rwandan students; (c) the Rwandan Outreach & Community Foundation, staffed by
Oklahoma Christian employees; (d) Rwandans4Water, an initiative of the Rwandan
Presidential Scholars Program; (e) Peace Through Business-Rwanda, a partnership with
the Oklahoma City-based Institute for the Empowerment of Women; and, (f) the physical
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presence of Defendant Kagame in the State of Oklahoma on April 30, 2010 to be honored
by Oklahoma Christian University, and on numerous other occasions.
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