Law and Reality

Progress in Judicial Reform in Rwanda

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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. Acknowledgments

XIV. Annex 1: Number of Genocide Cases Judged

XV. Annex 2: Analysis of RPA prosecutions by the Rwandan government for crimes committed in the year 1994
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July 2008    ISBN: 1-56432-366-8