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Africa - Rwanda
 
 
NAME OF MECHANISM
 
YEARS OF OPERATION

Pilot phase started on June 19, 2002. Full implementation started on June 24, 2004. It was hoped to have completed the process by the end of December 2007, but would continue should more time prove necessary.

 
MANDATE AND OPERATIONS

Mandate: Established by the Gacaca Law adopted and published in March 2001:

  • to reveal truth;
  • to speed up trials;
  • to put an end to the culture of impunity;
  • to reconcile the people of Rwanda;
  • to revive traditional forms of justice;
  • to demonstrate the ability of local communities;
  • to solve their own problems; and
  • to solve problems caused by the genocide.

The Gacaca courts will be responsible for holding trials for crimes of genocide and crimes against humanity committed between 1 October 1990 to 31 December 1994.

The law defines different  Categories of crimes:  Category 1 – those who planned or directed genocide (numbering approx 2,133;  and will be judged by the ordinary courts or the ICTR); Category 2 – those who committed crimes with the intention to kill; or whose actions led to death; Category 3 –those who committed crimes which led to serious assaults against a person;  Category 4 – offences against property.  The Gacaca courts are responsible for crimes which fall into categories 2-4.

Structure: 12,103 courts (9,013 at Cell Level, 1,545 courts each at Sector Level and Appeals at Sector Level). Each court made up of 19 elected judges.

169,442 total number of judges, elected from among the community and called inyangamugayo .

The system is also made up of different levels, taking responsibility for different categories of crimes (cell level – category 1; sector level – category 2; district level – category 3; province level – appeals).

The Gacaca system is closely linked with the National Prosecutors office.

Budget: The courts are estimated at 1.03 million dollars by the end of 2007.

 
LATEST UPDATE

January 2008: As of the end of December 2007, approximately one million people accused of involvement in the 1994 genocide had appeared before the gacaca courts. Of these, more than 800 000 have been tried. Many of the courts have now finished their trials, while a few still continue.

In 1999 there were over 120,000 held in prisons and detention centres on charges of genocide crimes. Only 6,000 cases had been judged between 1996 and 2002. The Gacaca system was created in order to address this.

While there have been pardons granted to some prisoners in different waves, in March 2005, there were just under 60,000 perpetrators still in detention.

Between March 2003 and June 2006, 7,103 trials were held, with 6502 verdicts returned. Of the 1,673 cases on appeal verdicts were returned for 666. There have been 6,739 acquittals and 2,073 judgements for community service [ICTR].