Avocats Sans Frontières in Rwanda

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 A large proportion of the judiciary have been replaced by younger, inexperienced poeple.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: 

    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:
    2. The access to justice and legal assistance theme with:
    3. The human rights in the administration of justice theme.

    Interesting links


    • back to the website