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Publications on the ASF Rwanda Project
Here you will find all of our publications on our project in Rwanda classified by topic and date.
ASF Publications
April 2008: ASF issues the following three recommendations regarding justice and Human Rights in Rwanda for a better implementation of the international rules and standards.
November 2009: ASF issues the following release regarding the independance of the lawyers in Rwanda
November 2009: Ephrem Nkezabera on trial: judicial chronicle
RWANDA 2007 COURT CASE
Bernard NTUYAHAGA on trial
ASF monitors the case and brings out a weekly report
On 19 April, the criminal Court of Brussels (Court d’assises) started the trial of Bernard NTUYAHAGA, a major of the former Rwandese army (FAR - Rwandese Armed Forces). NTUYAHAGA is accused of the assassination of 10 Belgian UN blue-helmets, the Rwandese Prime Minister Agathe UWILINGIYIMANA and an undefined number of persons during the Rwandan genocide of 1994.
The NTUYAHAGA Court case is the third trial held in Belgium related to the genocide in Rwanda. This trial is of exceptional importance and contributes to the search for the truth as well as the continuation of a process of mourning and reconciliation. It is an emblematic case in the sense that the Belgian universal jurisdiction law will be applied. This law allows Belgian courts to judge crimes committed during the 1994 events in Rwanda.
NTUYAHAGA Court case will go on from April to July.
ASF follows the NTUYAHAGA trial, and attends the debates daily. ASF publishes a weekly judicial chronicle which can be found on this site.
The texts are available in French only.
Key elements of the trial
Glossary
Judicial chronicle
Judicial chronicle compilation
October 2005. Position paper of NGOs working in the justice sector on the preliminary amended draft of the organic law n°16/2004 of June 19 2004 (French version only).
Mars - September 2005. Analytical report on the monitoring of gacaca jurisdictions - phase of the judgements.
2004. Handbook on the crime of genocide and crimes against humanity before ordinary Rwandan Courts (French version only).
2004. Manual on the organic law creating gacaca jurisdictions (French version only). Together with ASF, the gacaca jurisdiction department of the Rwandan Supreme Court wrote a manual for the Inyangamugayo (judges elected by the population). A new step towards the incredibly fragile hope of participative justice.
October 2002 - March 2003. Project Supporting the collection of confessions aimed to facilitate options for confessions, a fundamental step for the success of gacaca jurisdictions regarding justice as well as national reconciliation (French version only).
1996. Report on the criminal proceedings in Brussels of four Rwandans accused of having taken part in/participated in the Rwandan genocide (French version only).
Activity Reports
2003 (French version only)
2000 (French version only)
1999 (French version only)
1998 (French version only)
Training Sessions and Seminars
September 22-27, 2003. Seminar for magistrates on the jurisprudence dealing with the Rwandan genocide. Main topic, improving the quality of justice through an improved use of the jurisprudence.
Monitoring Gacaca Jurisdictions
The pilot observational phase of gacaca jurisdictions is now closed (see below). As of now, ASF writes regular reports highlighting difficulties encountered and making recommendations. Once this information is gathered, it highlights the way in which the jurisdictions function. The observation reports are classified by jurisdiction and in chronological order. However, due to the high number of reports, these are only available for download, these are only downloadable in French (spoken in Rwanda).
Keep in mind that the litigation concerning the Rwandan genocide relates to the ordinary jurisdictions for the judgements on the most serious facts and that the gacaca jurisdictions are for other judgments. The latter jurisdictions are composed of Inyangamugayo, voluntary non-professional judges elected by the population. Since March 10 2005, 118 gacaca jurisdictions and 118 appellate gacaca jurisdictions commenced the judgments of “second category” defendants whose cases were investigated during the pilot phase. These defendants represent the greatest number of the following: perpetrators of homicide, attempted homicide and/or other serious attacks against people. If it is established that they intended to kill/ that their intention was to kill they will be liable, in the absence of a confession of the punishment of up to 30 years imprisonment.
Read more about the gacaca jurisdictions monitoring reports (French version only)
Observational Reports of Gacaca Jurisdictions – Pilot Phase June 2002-July 2003
On a daily basis, ASF reports on the work of the gacaca jurisdictions whilst regularly assisting in hearings throughout the country. The teams in charge are made up of local workers and volunteers working as part of ASF’s programmes in Rwanda. These observational reports are available and are classified chronologically and according to jurisdiction. However, due to the high number of reports, these are only available for download, these are only downloadable in French (spoken in Rwanda).
Read more about the gacaca jurisdictions observational reports
Jurisprudence Reports
Judgements and indictments are classified by jurisdiction. There are 12 courts in Rwanda: 4 appeal courts, 1 war council, 1 military court and 1supreme court of appeal. Below you will find the 1996 Rwandan law on the genocide and the massacres which judges rely upon/refer to when passing sentence. However, due to the high number of reports, these are only available for download, these are only downloadable in French (spoken in Rwanda).
Read more about the jurisprudence reports (French version only)
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Read more about our activities in Rwanda
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