May 31, 2011

Justice Compromised

The Legacy of Rwanda’s Community-Based Gacaca Courts

I. Summary
II. Recommendations
To the Rwandan Government
To Rwandan Justice Officials
To the Rwandan Legislature
To Donors
To Countries Considering the Use of Dispute Resolution Mechanisms Similar to Gacaca to Prosecute Serious Crimes
III. Methodology
IV. The Rwandan Genocide and the Decision to Use Gacaca
V. The Initial Phase of Gacaca
Differences between the Customary and Contemporary Gacaca Systems
The Legal Framework Governing Genocide Cases and Gacaca Courts
Gacaca’s Pilot Phase
National Implementation of Gacaca
Repeated Extensions of Gacaca’s Closing Date
The Final Phase of Gacaca
VI. Balancing Community-Based Conflict Resolution Practices with  Fair Trial Standards
Limited International Fair Trial Rights in Gacaca
Differences in Judicial Standards between Conventional Courts and Gacaca
Sentencing and Reparations
VII. The Community Dynamic of Gacaca
Community Participation
Risks for Witnesses
Gacaca as a Means of Resolving Personal Grievances
Silencing Opponents and Critical Voices
VIII. Independence and Impartiality of the Gacaca Process
Potential Conflicts of Interest for Judges
Corruption and Personal Gain through Gacaca
External Interference in Decision-Making
IX. Rape Cases: the Antithesis of Gacaca
The Decision to Transfer Rape Cases to Gacaca
Rape Cases that Were Not Brought before Gacaca
Rape Victims’ Perspectives on Gacaca
X. Selective Justice and the Failure to Address Rwandan Patriotic Front Crimes
XI. Perspectives on Gacaca
Genocide Survivors’ Perspectives
The Perspectives of Those Accused of Genocide and their Families
Reconciliation Achieved?
XII. International Support for Gacaca
XIII. Conclusion
Annex I. Letter to the Rwandan Minister of Justice from  Human Rights Watch, March 30, 2011
Annex II. Response to Human Rights Watch from  the Rwandan Minister of Justice, May 5 2011
Acknowledgements

Copyright: 2007 National University of Rwanda-Centre for Geographic Information System & Remote Sensing