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Details
Table of Contents
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
Rwanda's first genocide law
The gacaca laws
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
The right to counsel
The presumption of innocence
The right to be informed of the case and to have time to prepare a defense
The right to present a defense
The right to testify in one's defense and the right against self-incrimination
Protection from double jeopardy
The right to be present at one's own trial
The right not to be arbitrarily detained
Differences in Judicial Standards between Conventional Courts and Gacaca
Judges: qualifications, training, remuneration and removal
Burden and standards of proof
Sentencing and Reparations
Provisional releases
"Life imprisonment with special provisions"
Community service
Compensation
VII. The Community Dynamic of Gacaca
Community Participation
Risks for Witnesses
Risk of arbitrary arrest and detention or being charged with committing perjury or complicity in genocide
Fear of being ostracized by the community
Intimidation
Gacaca as a Means of Resolving Personal Grievances
Silencing Opponents and Critical Voices
The case of Dr. Théoneste Niyitegeka
The case of Father Guy Theunis
Other cases
VIII. Independence and Impartiality of the Gacaca Process
Potential Conflicts of Interest for Judges
Corruption and Personal Gain through Gacaca
Judges requesting bribes
Accused persons seeking exoneration
Genocide survivors seeking compensation
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.
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
Rwanda's first genocide law
The gacaca laws
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
The right to counsel
The presumption of innocence
The right to be informed of the case and to have time to prepare a defense
The right to present a defense
The right to testify in one's defense and the right against self-incrimination
Protection from double jeopardy
The right to be present at one's own trial
The right not to be arbitrarily detained
Differences in Judicial Standards between Conventional Courts and Gacaca
Judges: qualifications, training, remuneration and removal
Burden and standards of proof
Sentencing and Reparations
Provisional releases
"Life imprisonment with special provisions"
Community service
Compensation
VII. The Community Dynamic of Gacaca
Community Participation
Risks for Witnesses
Risk of arbitrary arrest and detention or being charged with committing perjury or complicity in genocide
Fear of being ostracized by the community
Intimidation
Gacaca as a Means of Resolving Personal Grievances
Silencing Opponents and Critical Voices
The case of Dr. Théoneste Niyitegeka
The case of Father Guy Theunis
Other cases
VIII. Independence and Impartiality of the Gacaca Process
Potential Conflicts of Interest for Judges
Corruption and Personal Gain through Gacaca
Judges requesting bribes
Accused persons seeking exoneration
Genocide survivors seeking compensation
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.