Paul KagameIN 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

2

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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