A US appellate court has reinstated a lawsuit filed by Rwandan dissident Paul Rusesabagina against a Greek air charter company accused of flying him to Kigali against his will in 2020. The ruling reopens a case that could test the accountability of private aviation firms accused of facilitating politically motivated operations.
From Texas to Kigali
The case centres on events in August 2020, when Rusesabagina then a permanent US resident based in San Antonio boarded a private jet in Dubai believing he was en route to Burundi. Instead, the plane landed in Rwanda, where he says he was abducted, tortured, and subjected to a trial that ended with his conviction for supporting an armed rebel movement.
International pressure, particularly from Washington and Brussels, helped secure his release in 2023 after more than two years in detention.
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Allegations Against GainJet
Following his release, Rusesabagina and his family sued GainJet Aviation, alleging the Athens-based company worked in coordination with Rwandan officials to mislead him about the flight’s true destination. They argue that the firm played a direct role in his unlawful rendition to Kigali.
The lawsuit had initially been dismissed by a district court in Texas, which ruled that GainJet’s alleged involvement was not sufficient to establish jurisdiction in the state.
But the Fifth Circuit Court of Appeals disagreed, stating that Rusesabagina “was injured the moment he was lured from his home in San Antonio.” The judges also noted that GainJet operates globally, including in the United States, and that Texas has a legitimate interest in shielding its residents from foreign actors who “fraudulently reach into the state to kidnap and torture them.”
Evidence and Legal Grounds
Court documents show that while still in Texas, Rusesabagina provided his passport details to a Rwandan official, who allegedly passed them to GainJet’s operations manager. His legal team also points to irregularities in crew and passenger documentation, as well as the company’s history of providing services to Rwandan leaders.
Lawyers for Rusesabagina argue that the case falls under the “effects test”, which allows jurisdiction when out-of-state conduct causes harm locally, and under “conspiracy jurisdiction”, which holds alleged co-conspirators liable in the same court.
Wider Implications
The ruling raises questions about the responsibilities of private aviation firms operating in politically sensitive environments, particularly when their services intersect with state security agendas. If the case proceeds, it could set a precedent for holding companies accountable for their role in international abductions.
Neither GainJet nor the Rwandan government responded to requests for comment. Legal experts in Kigali have also been cautious. “Unfortunately, I cannot predict a court outcome I can only analyse a final court decision,” said Dr Christian Garuka, a Rwandan lawyer.
A Polarising Figure
Paul Rusesabagina, who was awarded the US Presidential Medal of Freedom in 2005, rose to global prominence after the 2004 film Hotel Rwanda depicted him sheltering civilians during the 1994 genocide against the Tutsi. Rwanda disputes this narrative, accusing him of exaggerating his role and later supporting armed groups opposed to the government.
While deeply divisive in Rwanda, Rusesabagina remains a symbol of resistance to President Paul Kagame’s government among his supporters. For him, the revived lawsuit is not only about damages but also about reframing the narrative of his 2020 capture and testing the reach of US courts in protecting residents from foreign state-linked operations.
