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Avocats Sans Frontières in Rwanda
- Location: Kigali
- Date of creation: late 1996
- Team: 2 expats and 20 to 30 local collaborators
- Objective: to contribute to the emergence of the rule of law through the establishment of a fair justice system
- Financing: Belgium (DGCD), European Union (EU), Switzerland (SDC), The Netherlands (MINBUZA), United States of America (USAid)
Context
Despite the official ending of the transition period which began after the 1994 genocide, the situation in Rwanda continues to give rise to concern. The 2003 elections did not in all respects produce the desired opening up of the political system. The political opposition is denied legitimacy and attacks on freedom of expression and of associaiton are numerous.
Backlogs remain a major problem in the legal system. The results of the commencement of ambitious reforms are taking a long time to materialise. Work is slowly getting on course after two years of statis. A large proportion of the judiciary have been replaced by younger, inexperienced poeple. There are problems with the coherence and the application of the new laws adopted.
The Gacaca courts
Cases arising out of the massacres of the genocide are dealt with in a hybrid system that mixes participative justice (the Gacaca courts, composed of volunteer, unsalaried judges elected by the population) and classic justice (the mainstream courts, made up of professional judges).
Investigation of cases of crimes against humanity committed during the genocide is the task of the 9,000 local Gacaca courts in the country. To this level of the Gacaca courts, closest to the population falls the task of gathering information about what took place. Then these local GACACA courts draw up lists of accused in order to class them int he 1st, 2nd or 3rd category, according to the gravity of the alleged offence or the level of responsibility of which a person is accused.
This categorisation determines which court will hear the case:
Those accused in the 3rd category. Accused of offences against property, these people are judged by the local Gacaca courts. If found guilty, they can be ordered to make reparation.
Those accused in the 2nd category. Accused of murder, attempted murder, grievious bodily harm resulting in death, these people are judged by the 1.545 regional Gacaca courts in the country. They can be sentenced to up to 30 years imprisonment. Appeals against the judgement of the regional courts are heard by the 1.500 Gacaca appeal courts established at regional level.
Those accused in the first category. Accused of responsibility and of actions considered the most serious, for example those accused of involvement in planning, of acting in a postion of authority, as notorious murderers, of torture, of rape or defilement of corpses, these people are judged by the mainstream courts under the procedures of the mainstream law. Those who do not plead guilty but are found guilty, can be sentenced to death or life imprisonment.
In 2001, the pilot phase of the Gacaca trials got underway. Cases were investigated, but this did not lead to judgments being handed down. In January 2005, the local Gacaca courts started to collect information. In March 2005 (118 (out of a total of 1,545) regional and appellate Gacaca courts began to hear cases of those accused in the second category during the pilot phase. As to the mainstream courts, for nearly three years they have moved very slowly where cases arising out of the genocide are concerned.
Description of ASF programme
The primary requirement for a fair solution ot cases arising out of the genocide is the setting of a fair, functioning legal system. ASF works in the areas of law and justice to contribute to the emergence of the rule of law:
- Legal representation for accused and victims. Between 1996 and 2001 with the assistance of a large number of lawyers, both Rwanda and foreign, ASF has provided legal representation to individuals in specialised first instance and appellate courts competent to deal with those accused of genocide and other crimes against humanity.
- Publication and dissemination of jurisprudence of proceedings before the Rwandan courts arising out of the genocide. ASF has published seven volumes of a collection of caselaw (in Kinyarwanda and in French) gathering together the judgments handed down by the mainstream Rwandan courts in proceedings arising out of the genocide and other crimes against humanity. More information…the publication of judgments handed down by the Rwandan courts in cases arising out of the genocide.
- Publication of a handbook on genocide and crimes against humanity in the mainstream Rwandan courts. This handbook (published in Kinyarwanda and in French) is aimed at those working in the Rwandan legal system. Read more about this handbook.
- Publication of a collection of international instruments on human rights and the administration of justice. This collection (published in French and English) is aimed at those working in the Rwandan legal system. It gathers together the main international and regional instruments to which Rwanda is a party (as well as key texts that Rwanda has yet to ratify).
- Training to build the capacity of those working in the legal system. Aimed at lawyers, judges and officers of Rwanda Public Prosecutor’s Office, these trainings address the right to a fair trial, in particular in proceedings arising out of the genocide. ASF’s many pulications then serve as important tools for those who have undergone the training. Read more about the gacaca judges trainings.
- Training of the Gacaca judges in the regional and appellate Gacaca courts. ASF participates in training sessions for those called to judge people accused in the 2nd category of crimes arising out of the genocide. Read more on the reports of trial observations.
- Monitoring of the regional and appellate Gacaca courts. It is essential to give evidence freely and in an independent manner without fear of eventual reprisals. Since the judging of cases began in the 118 sectors, ASF observers have combed the country, observing the traisl of those accused in the 2nd category before the Gacaca courts and writing reports describing the proceedings and addressing respect for the law and legal procedures. Read more on the quarterly reports.
Perspectives
The Rwandan institutions resulting from the transition are now in place. Civil society remains fragile and vulnerable. ASF works alongside those who seek to enlarge the space occupied by freedom and justice. In the coming months the organisaiton will continue and develop its work around three themes.
1. The Gacaca theme them with:
- The continuation of monitoring of the regional and appellate Gacaca (jugding those accused in the 2nd category).
- Continuing education for the Gacaca judges in the regional and appellate Gacaca courts on matters relating to the right to a fair trial.
- Recommendations for a fairer means of dealing with these cases.
2. The access to justice and legal assistance theme with:
- Lgal assistance for those most at risk.
- Support for initiatives promoting access to justice (legal clinics, etc).
- Recommendations for the setting up of a sustainable system of free legal advice for the poorest.
3. The human rights in the administration of justice theme.
Interesting links
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"Making Monitoring Work: Strategic Action" thursday December 17th 2009, 9.00 > 18.00
Workshop organised by ASF in cooperation with Diakonia and Al-Haq
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ROOM for JUSTICE - Amsterdam - 15/10 > 30/11/2009
A photo exhibition on Globalisation and Justice
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| Go to the archives |
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ASF Programmes
