Rwanda
Exiled opposition protests against use of informal courts in Rwanda

afrol.com, 1 October - The radical exiled opposition party, Rally for the Return of Refugees and Democracy in Rwanda (RDR), based in Montreal, Canada, has strongly protested against the widespread use of «gacaca» courts put forward as a solution to the overcrowding of state prisons in Rwanda. The institution of special government-run «gacaca» courts violates the UN Basic Principles on the Independence of the Judiciary, according to the RDR. 

Traditionally, the «gacaca» courts in Rwanda are voluntarily used by two parties who agree on the person who will hear their case and reconcile them by settling their civil disputes out of ordinary courts. However, according to the RDR, "the proposed government-run «gacaca» courts imposed on the parties, headed by non-democratically elected judges with no qualification in law, empowered to hear serious criminal matters as crimes against humanity and to impose jail terms, have nothing traditional at all and constitute a mockery of justice."

The RDR, a radical opponent of the Rwandan Tutsi-dominated government lead by the Rwandan Patriotic Front (RPF), accuses the government (which it only refers to as "the RPF-led dictatorial government") of serious and systematical violations of human rights. In a press release, the oppositional RDR states that "since the RPF assumed power in July 1994, violations of the principles of the equality before the law, the presumption of innocence, the right to be tried without undue delay and the right to a fair and public hearing by a competent, independent and impartial tribunal have become the general rule."

According to the RDR, "the overcrowding of state prisons resulted from the massive arbitrary arrests and prolonged illegal detentions of the citizens, the majority of whom are political prisoners and persons whose properties are illegally occupied by RPF members and sympathisers. By the end of 1998, more than 5.000 detainees had already died in state prisons and more than 150,000 are languishing in jails since 1994." 

In 1995, the Government first appealed for foreign magistrates to help resurrect the legal system and many countries and NGOs pledged to offer competent legal personnel. However, according to the RDR, "the government later rejected all offers. Put in need to deliver its supporters a substantial number of guilty verdicts, the government solicited bilateral funding to train its sympathisers for the various roles required." In January 1996, the Parliament voted the relaxation of the requirement that magistrates in the Appeal Court have a law degree. 

- On September 28, 1996, 20 Supreme Court judges, 29 Appeal Court judges and 200 public prosecutors and magistrates were sworn in after having had around six months legal training only, the RDR claims. "Most of the trials have been characteristically short, with no defence lawyers present, few if any witnesses called, little cross-examination and speedy sentencing by incompetent judges with inappropriate training or qualification in law. Under state-run «gacaca» courts, trials will be particularly more unfair than it already is in ordinary courts."

On the other hand, the International Criminal Tribunal for Rwanda (ICTR) last week made several statements on the good cooperation between this UN court and the Government of Rwanda. Several joint project were inaugurated as the Tribunal's Registrar, Dr Agwu U. Okali visited Rwanda last week.

Source: Based on RDR 

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