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Rwanda: The number of gacaca courts in operation; whether the lists compiled by the Gacaca Courts of individuals under investigation in relation to the genocide are exhaustive

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board of Canada, Ottawa
Publication Date 21 May 2008
Citation / Document Symbol RWA102849.E
Cite as Canada: Immigration and Refugee Board of Canada, Rwanda: The number of gacaca courts in operation; whether the lists compiled by the Gacaca Courts of individuals under investigation in relation to the genocide are exhaustive, 21 May 2008, RWA102849.E, available at: https://www.refworld.org/docid/4885a91cc.html [accessed 25 May 2023]
DisclaimerThis 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 a 14 April 2008 article from the United Nations (UN) Integrated Regional Information Networks (IRIN), there are 12,103 gacaca courts [traditional community courts (BBC 10 Mar. 2005)] in Rwanda (UN 14 Apr. 2008). A March 2005 report from Rwanda to the African Commission on Human and Peoples' Rights (ACHPR) corroborates this information stating that "the total number of Gacaca Courts at all levels total 12,103." The report further explains that there are 9,013 courts at the cell level, which is "the smallest administrative unit"; 1,545 courts at the sector level, which is "the next superior level"; and 1,545 appeal courts at the sector level (Rwanda March 2005, 14). An undated editorial located on the website of the National Service of Gacaca Jurisdictions corroborates that there are 9,013 cell-level gacaca courts (Rwanda n.d.a).

In slight contrast, the United States (US) Department of State Country Reports on Human Rights Practices for 2007 states that there were 12,103 cell-level gacaca courts in Rwanda and "1,545 appellate courts that heard appeals from the 3,000 gacaca trial courts" (US 11 Mar. 2008, Sec. 1.e).

Information on the completeness of the Gacaca Courts lists of individuals under investigation in relation to the genocide was scarce among the sources consulted by the Research Directorate. However, a 14 January 2008 Rwanda News Agency (RNA) article indicates that the Rwandan government "so far has a list of 6,945 individuals in the DR Congo that are suspected to have been part of the Genocide machine but that [it] is not the exhaustive number as more are still being added" (see also UN 14 May 2008). The RNA article notes that the Executive Secretary of the Gacaca Courts stated that the list was compiled by the Gacaca Courts and that the Minister of Foreign Affairs for Rwanda stated that the list was compiled by the Office of the Prosecutor and other associated groups (RNA 14 Jan. 2008).

On its website, the National Service of Gacaca Jurisdictions provides the following statistics on the number of accused persons who have not been detained, but continue to live in Rwanda: 1,956 in the Northern Province; 20,487 in the Southern Province; 11,085 in the Eastern Province; 11,649 in the Western Province; and 3,889 in the City of Kigali (Rwanda n.d.a).

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 for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

British Broadcasting Corporation (BBC). 10 March 2005. "Rwanda Killers Face Local Justice." [Accessed 8 May 2008]

Rwanda. March 2005. Eighth Periodical Report of Rwanda to the African Commission on Human and Peoples' Rights 2002-2004. (ACHPR) [Accessed 8 May 2008]

Rwanda. N.d.a. National Service of Gacaca Jurisdictions. "Editorial." [Accessed 8 May 2008]
_____. N.d.b. "Other Important Information." [Accessed 15 May 2008]

Rwanda News Agency (RNA). 14 January 2008. "6900 Genocide Suspects in Congo, More to Come – Says Government." (Factiva)

United Nations (UN). 14 May 2008. Integrated Regional Information Networks (IRIN). "DRC: After Two Key Deals, What Progress Towards Peace in North Kivu?" [Accessed 15 May 2008]
_____. 14 April 2008. Integrated Regional Information Networks (IRIN). "Rwanda: Reconciliation Still a Major Challenge." [Accessed 12 May 2008]

United States (US). 11 March 2008. Department of State. "Rwanda." Country Reports on Human Rights Practices for 2007. [Accessed 12 May 2008]

Additional Sources Consulted

Oral sources: Attempts to contact the Rwandan Ministry of Justice and Penal Reform International (PRI) were unsuccessful. An official from the Embassy of the Republic of Rwanda in Ottawa was unable to provide information within the time constraints of this Response.

Internet sites, including: African Commission on Human and Peoples' Rights (ACHPR), African Rights, Amnesty International (AI), Freedom House, Human Rights Watch (HRW), Rwanda Ministry of Justice, The African Centre for Democracy and Human Rights Studies (ACDHRS).

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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