Peter Robinson and Kabuga family corruption investigation 2022-23

On-going case 2022-23:

Fraud and Corruption investigation into defence lawyer Peter Robinson and family of Felicien Kabuga by UN Residual Mechanism

Robinson at the ICTY with client Radovan Karadžić. photo credit: ICTY

The UN Residual Mechanism has launched an investigation into suspected corruption/fraud by members of the family of Kabuga and their former defence lawyer Peter Robinson.

The case is currently awaiting a report of the UN-appointed investigator – due March 2023 – into serious charges that members of Kabuga’s family and their representative, Peter Robinson, deliberately gave the court falsified documents with a view to gaining material benefit. Under Rule 90, the court can consider sanctions for ‘any conduct that wilfully and knowingly interferes with the administration of justice.’

Background to the case

On 2 August 2021, three of Felicien Kabuga’s children, Donatien Nshimyumuremyi, Bernadette Uwamariya and Felicite Mukademali, represented by the lawyer Peter Robinson, filed a claim  to the Mechanism demanding that property and assets that had been frozen as a result of the Kabuga case, should be returned to them. Donatien, Kabuga’s eldest son, had been staying with Kabuga in the Paris flat where he was arrested in 2020. Two daughters, Bernadette and Felicite who were also living in Paris, had their respective flats searched and a large amount of digital devices taken by police. These included 15 mobile phones, 8 computers and tablets and 32 external drives and discs. Property, which was not of use in the coming trial, was later handed back to the family, in early 2022 after a forensic examination had been carried out.

Earlier, in a similar vein, on 14 and 15 April and then 2 August 2021 a number of children and relations of Kabuga – François Ngirabatware and Catherine Mukakayange, Donatien Nshimyumuremyi, Innocent Twagirumukiza, Alain Gilbert Habumukiza and the heirs of Joséphine Mukazitoni, Kabuga late wife, Donatien Nshimyumuremyi, Bernadette Uwamariya and Félicité Mukademali issued motions to the Mechanism asking for ‘restitution of property and assets belonging to the Kabuga family that were frozen while he was a fugitive or seized during his arrest.’ This included 11 bank accounts held by the above in France, Belgium and Kenya as well as two real property estates and revenues. On 14 October 2021 the Court decided against an immediate return of the property and assets, and an appeal against this was dismissed on 10 January 2022.

On 3 January 2022  Peter Robinson, acting for Francois Ngirabatware (who was married to one of Kabuga’s eight daughters – Claudine Marie Twagirihirwe – until they were divorced in 2007) and his sister Françoise Mukanziza, placed a Second Motion before the Mechanism. It was another attempt by Robinson to unfreeze financial assets of the two claiments which they said belonged to them but had been wrongly linked to Kabuga while he was a fugitive and so should now be immediately released back to them, the rightful owners. They noted they had sent a bank statement on 22 December 2021 to support their claim to the assets. The four appendices show letters by Robinson to the court registrar, and office of the prosecutor outlining, he claimed, why the bank and other details sent to the court proved the validity of their financial claim.

Two weeks later, on 18 January 2022, the prosecutor wrote a confidential submission to Judge Mahandrisoa Edmond Randrianirina urging that ‘the Second Motion be denied on the grounds that it does not demonstrate the origin of the funds concerned and that the bank statement produced in support of the Second Motion as well as the documents transmitted to the Prosecutor and the Registrar, appear to be forged and suggest the Applicants’ desire to obstruct the administration of justice.’

Three days afterwards, on 21 January 2021, Robinson notified the court   without any explanation as to why, that the Second Motion for restitution of the frozen assets was being withdrawn, and moreover he was now ending his representation of Francois Ngirabatware and his sister Françoise Mukanziza.

On 21 February 2022, the judge noted that ‘the documents transmitted to the Prosecutor and Registrar in order to demonstrate the origin of the Assets contain obvious and flagrant signs of forgery and that the presentation by the Applicants of such manifestly incorrect evidence is prejudicial to the proper administration of justice.’ Moreover, ‘there are grounds to believe that the presentation of manifestly fraudulent and incorrect evidence before the Mechanism by Counsel [Peter Robinson] for the Applicants reveals, at the very least, a lack of due diligence and a lack of professionalism and ethics in the performance of his duties.’

Robinson, a lawyer who had represented many genocide suspects at ICTR and ICTY, had had several previous issues with the International Tribunals over his conduct. In representing the genocidaire and son-in-law of Kabuga, Augustin Ngirabatware in 2016, he had violated decisions granting protective status to witnesses. In 2019 while representing the Serbian war criminal Radovan Karadžić the ‘Mechanism issued a warning to Counsel [Robinson] for the Applicants, who had sought to select the Judge who would determine his client’s motions and had initiated contact with a particular Judge, for breaching the Code of Conduct.’

Robinson was also under current investigation for contempt from September 2021 due to ‘grave concerns of repeated professional and ethical lapses and evidence of prohibited indirect contact with protected witnesses and unauthorised communication with a client in detention using contraband communication devices’ in his representation of Anselme Nzabonimpa.

As a result of the late February findings, on 9 March 2022 the Mechanism set up an investigation to ‘assess whether contempt proceedings or any other disciplinary action are warranted against Mr. François Ngirabatware, Ms. Catherine Mukakayange, and Mr. Peter Robinson.’ Robinson was meanwhile banned  from representing Kabuga as his trial lawyer as the family had wanted due to the serious nature of the on-going investigations against him.

On 30 November 2022, the UN tribunal Registrar appointed an amicus curiae, Mr Kenneth Scott  to “investigate whether Mr. Peter Robinson interfered with the administration of justice – or should otherwise be professionally sanctioned or denied audience – by: (i) violating order(s) of a Chamber or Single Judge; (ii) having unauthorised communication with Mr. Augustin Ngirabatware; and (iii) engaging in a pattern of repeated professional and ethical lapses while acting as Mr. Ngirabatware’s counsel, with a view to reporting back as to whether there are sufficient grounds for instigating contempt proceedings or other appropriate disciplinary action (‘Investigation’).”

After a number of further time extensions  a report of the findings of the amicus curiae Mr Scott into Robinson and members of Kabuga’s family is currently due on 13 March 2023.