Rwanda: Whether there is a "list" kept by the government of Hutus wanted in connection with the genocide; whether those on list may have simply been innocent victims of the genocide themselves; the outcome of the trials of those on the list; impact and possible repercussion on children of person whose name appears on this list, and any difference in this treatment if the individual named is now deceased (June 2002)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 6 June 2002 |
| Citation / Document Symbol | RWA38976.E |
| Reference | 4 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Rwanda: Whether there is a "list" kept by the government of Hutus wanted in connection with the genocide; whether those on list may have simply been innocent victims of the genocide themselves; the outcome of the trials of those on the list; impact and possible repercussion on children of person whose name appears on this list, and any difference in this treatment if the individual named is now deceased (June 2002), 6 June 2002, RWA38976.E, available at: https://www.refworld.org/docid/3df4bea428.html [accessed 1 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
According to the Rwandan government website, "the [1996] Genocide Law of the Republic of Rwanda categorizes the crimes of Genocide and Crimes against Humanity as follows:
Persons accused of offences set out in Article 1 of this organic law and committed during the period between 1st October 1990 and 31st December 1994 shall, on the basis of their acts of participation, be classified into one of the following categories:
Category 1:
a) Persons whose criminal acts or whose acts of criminal participation place them among the planners, organizers, instigators, supervisors and leaders of the crime of genocide or of a crime against humanity;
b) Persons who acted in positions of authority at the national, Prefectorial, Communal, Sector or Cell level, or in a political party, the army, religious organizations or in a militia and who perpetrated or fostered such crimes;
c) Notorious murderers who by virtue of the zeal or excessive malice with which they committed atrocities, distinguished themselves in their areas of residence or where they passed;
d) Persons who committed acts of sexual torture or violence.
Category 2:
Persons whose criminal acts or whose acts of criminal participation place them among the perpetrators, conspirators or accomplices of intentional homicide or of serious assault against the person causing death.
Category 3:
Persons who's criminal acts or whose acts of criminal participation make them guilty of other serious assaults against the person.
Category 4:
Persons who committed offences against property (Rwanda 31 May 2002).
Published in March 2001 (Rwanda 19 March 2001; IRIN-CEA 12 Apr. 2002), a copy of the latest updated list of individuals identified as of the category 1 (fist category) is available at all Regional Documentation Centres or may be consulted at the Rwandan government website at the following address:
According to Reporters sans frontières (RSF) report from 21 November 20001:
In 1996, 1999 and 2001, the authorities [of Rwanda] drew the list of "first category criminals," naming those persons suspected of having been the "the planners, organisers, inciters, supervisors and overviewers of the crime of genocide", as well as those who may have committed "acts of sexual torture." The list contains about 2, 900 names, including 29 journalists. They all risk the death penalty. Some are held in Rwanda or in Arusha (the International penal tribunal for Rwanda); others are still at large; a few have died.
Referring to the list published in 1999, a 22 January 2000 BBC report noted the following:
Some of those named in the list are already in detention or dead, including ex-President Juvenal Habyarimana, who was killed in a plane crash a few days before the genocide began.
Correspondents say the addition of his name appears to be a device to allow the government to seize his assets.
[ ...]
Mr Gahima [then chief prosecutor] said Rwanda would use the list to apply pressure to foreign countries to put resident suspects on trial, if they could not be extradited to Rwanda or to the international tribunal in Tanzania.
Citing Hirondelle news agency, a 15 July 1999 IRIN report revealed that the first [1996] list of "first category" genocide suspects had come under criticism for "imprecisions and repetition of names. Some of the people on the list had died before 1994, or were even victims of the genocide. Others were found to be innocent. Citing the Rwanda general prosecutor, the IRIN report added that "now, the list has been 'corrected'" (ibid.).
During a 4 June 2002 telephone interview, a senior adviser to the African Division of Human Rights Watch and author of Leave None To Tell The Story: Genocide in Rwanda published in 1994, provided the following information. The interview was conducted in French.
[Translation]
Only a list of persons of the first category [see above] made by Rwandan authorities has been internationally diffused. The latest updated list was published in March 2001 and contains more than 2000 persons and most of them are from the Hutu ethnic group. Individuals who were assigned to the category 1 will be sentenced to the death penalty if found guilty (see also BBC 22 Jan. 2000).
While various evidence indicates that most on the list are suspected of planning and organizing the slaughter, some may have been added to list for different reasons. The case of the former prefect of Kibungo prefecture, himself a victim of the genocide, and the case of Pierre-Celeste Rwigema who stepped down after five years as Prime Minister under the current régime and whose name was added to the list for political reasons, are notable examples.
According to the HRW senior adviser, being on this list is not itself proof of his/her involvement in the 1994 genocide (être sur la liste n'est pas une preuve en soi de culpabilité). However, the list may be regarded as a "red sign" that signals more investigations on a case-by-case basis (procéder cas par cas).
In her assessment of the impact on the children whose parents are wanted by the government authorities in connection with the 1994 genocide, the HRW senior adviser identified the loss of the parent's properties which may be confiscated by government authorities and discrimination against those easily identifiable (whose parent were well- known) as possible repercussions (ibid.).
However, the fact that the parents were well-known through out the country may be an asset. In their efforts to gain citizen's support in general and in particularly from members of the Hutu ethnic group, some family members, including children of former Hutu leaders's were nominated to key positions within the government and in the public sector.
Without referring specifically to those classified in the category 1 [see above], HRW described the outcome of the trials of persons in connection with the Rwanda genocide in the following terms:
As of March 2001, 5,310 persons had been tried on charges of genocide in the formal court system, some 17 percent of whom were acquitted. Courts worked at a slightly faster pace in the two last years and sentenced fewer of the convicted to death. From 1996 to 1999 more than 30 percent of those found guilty were sentenced to die, but in 2000 only 8.5 percent received this penalty and no one was executed. Despite the widespread prevalence of rape during the genocide, few accused have been tried on this charge, in part because the predominantly male judicial personnel showed little concern for such prosecutions, in part because victims hesitated to come forward (2002).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
BBC News. 22 January 2000. "Rwanda Updates Genocide List."
Human Rights Watch (HRW). 4 June 2002. Telephone interview with a senior advisor, African Division.
_____. 2001 World Report. 2002. Rwanda.
Integrated Regional Information Network for Central and Eastern Africa (IRIN-CEA). 12 April 2002. "IRIN-CEA Weekly Round-Up 118 Covering the Period 6-12 April 2002." (UN OCHA)
_____. 15 July 1999. "IRIN-CEA Update 715 for 15 July [19990716]: Rwanda Top Judicial Officials Replaced." (UN OCHA)
Reporters sans frontières (RSF). 18 November 2001. RSF Report on Press Freedom Situation in Rwanda."(IFEX Clearing House/NEXIS)
Rwanda. 31 May 2002. "Justice and Genocide: Categorization of Offences Relating to Genocide."
_____. 19 March 2001. Official Gazette of the Republic of Rwanda. "Publication of the Updated List of the First Category Prescribed by Article 9 of Organic Law No 8/96 of 30th August 1996 (O.G. No 17 of 1/9/1996)."
Additional Sources Consulted
Africa Confidential [London] 2001-March 2002.
Africa Research Bulletin [London] 2001-February 2002.
IRB Databases.
Jeune Afrique/L'Intelligent [Paris] 2001-May 2002.
LEXIS/NEXIS.
Resource Centre country file. Rwanda.
Internet sites, including:
Amnesty International. Annual Report. 2002. Electronic version.
BBC Africa.
FIDH.
Human Rights Watch Online.
Panafrican News Agency (PANA).
ReliefWeb.
Le Soir.
La Voix des sans voix (VSV).
Search engines, including:
Google.
Lokace.
Lycos.
Yahoo.
