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Law and Reality
Progress in Judicial Reform in Rwanda
I. Summary
II. Methodology
III. Recommendations
To the Rwandan
government
To the judicial
system..
To the Rwandan
legislature
To donors
IV. Background
V. Justice for the
Genocide
Practical Problems:
Turning on the Lights
Identifying and
Prosecuting Perpetrators: the Issue of Scale
The Legal Basis for
Prosecution
Prosecution in
Conventional Courts
Gacaca: Popular or
Political Justice?
"Justice is a
Political Problem"
Reclassification by
Administrative Decision
VI. Creating a
Modern Professional Judicial System..
Fewer Courts
Administrative
Autonomy
More Highly Trained
Personnel
Increased Efficiency
Greater Speed for
Justice-but not for Genocide Cases
Improved Protection
for Human Rights
VII. "Divisionism"
and "Genocide Ideology"
Imprecise Laws
One Truth
The Campaign against
"Divisionism" and "Genocide Ideology"
Prosecutions of
"Divisionism" and "Genocide Ideology"
The New Law on
"Genocide Ideology"
VIII. Independence
of the Judiciary
Law and Reality
Limits on
Administrative Autonomy
Misuse of
Prosecutorial Power
Interference in
Judicial Cases
Political Cases
Genocide cases
Other Cases
Consequences of
Trying to Remain Independent
Lack of Respect for
Judicial Orders
IX. Challenges to
Fair Trial Standards
The Presumption of
Innocence
The Right to Present
Witnesses
The Right to Legal
Counsel
The Right to Humane
conditions of Detention and Freedom from Torture
Protection from
Double Jeopardy
Monitoring Trials
X. Equal Access to
Justice: Prosecuting Crimes by RPA Soldiers
Interface with Other
Judicial Systems
XI. Future Plans for
Justice
XII. International
Support
XIII.
Acknowledgments100
XIV. Annex 1 -
Number of Genocide Cases Judged101
XV. Annex 2 -
Analysis of RPA prosecutions by the Rwandan government for crimes committed in
the year 1994 103
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