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I. Background . Gacaca Courts take their origin in the Rwandan culture where people used to sit together in gacaca and settle their disputes.. In relation to genocide, the Gacaca process is a cornerstone for reconciliation among Rwandans because:. It removes suspicion, the guilty party is denounced . It helps to eradicate the culture of impunity. It enables people to live in peace and harmony once again. It enhances collaboration between the inhabitants in di9448
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It is important to note that justice was also concerning the suspects who were still in the community and in exile ; but who could not be arrested due to lack of enough space in the existing prisons and prosecution facilities.
The conclusion was to look for another alternative solution
13. III. Mission of Gacaca Process To disclose the truth on the genocide events
To speed up genocide trials;
To eradicate the culture of impunity;
To reconcile and strengthen unity among Rwandans.
To prove the Rwandan Society‘s capacity to solve its own problems.
Once Gacaca fulfills its mission, it will restore
conviviality among Rwandans and they will work for
their own and the country‘s development.
14. IV. GACACA PROCESS, HUMAN RIGHTS AND RECONCILIATION It discloses the truth about everything that happened during the genocide :
It removes suspicion among Rwandans
It dispels rumours and distrust
It establishes individual responsibility
It is a justice from and within the population and it does not require money
It speeds up trials
It insures the prosecution of the guilty party (prosecution right)
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It helps to distinguish the innocent persons from the guilty ones
In this process, each inhabitant is a lawyer, a prosecutor and a witness at the same time
The penalties provided by Gacaca Courts are intended to integrate the guilty person into society and to enable him to collaborate with others in the reconstruction of the country ( TIG).
The Gacaca process helps the victims of genocide to know where the bodies of their relatives were thrown so they can burry them in dignity.
16. V. Gacaca Courts’ activities Gacaca courts’ activities are organised into three steps:
Collection of information relating to the genocide.
Categorisation of persons prosecuted for having commited genocide or having played a role in different genocidal crimes.
Trial of cases falling under their competence.
17. V.1. Gacaca achievements in the pilot phase
18. V.2 Figure showing how defendants are categorised by Gacaca courts(pilot phase)
19. V.3. Data collection/Investigations countrywide Data collection activities were launched on 15/01/2005 and they are organised into 3 stages:
Data collection at the cell level by the population and their leaders (January to April 2005)
Information validation by the general assembly of the Gacaca Court of the Cell (May to July 2005)
Open community debate on the validated information ( August to December 2005)
20. Results from information collection countrywide from 15/01/2005 up to 30/06/2006
21. V.4.Trials conducted countrywide from 10/03/2005 to 30/06/2006
22. V.5. Current activities Establishment of lists of the accused persons and their judicial files.
Forwarding judicial files to the competent jurisdictions for trial.
V.6. Future prospect
15/07/2006 : Gacaca trials countrywide
23. VI. General information Number of Gacaca Courts throughout the country : 12,103
9013 at the level of the Cell
1545 at the level of the Sector
1545 appeal courts at level of the Sector
Number of judges : 169,442 bench members : 108,929 deputy members : 60,515
The judges in Gacaca courts are called INYANGAMUGAYO ; they are men and women elected by the population according to their level of integrity.
The elections of the Gacaca Judges were first held from 4th to 7th October 2001 and they are replaced if it is deemed necessary.
Reorganisation of Gacaca courts structures according to the current organic law : 20 June 2004
Women represent 26%
Men represent 74%
24. VII. Compensation for genocide victims The problem of compensation is still a heavy burden for the government of Rwanda .
a) The reparation of damaged properties will be done by the convicted persons in one of the following ways:
Restitution of the property looted whenever possible
Repayment of the ransacked property
Carrying out the work worth the property to be repaired
The organic law of 2004 governing the Gacaca process in its 96 provision says that other forms of compensation for the victims shall be determined by a particular law
25. VIII. CONCLUSION The success of Gacaca process relies on:
Active participation of the population : 85%;
Involvement of administrative and religious authorities and
civil society in the process;
General satisfaction of the population after the first Gacaca
verdicts and the results got from data collection
proceedings;
Adhesion of the majority of suspects in prisons and in the
community to the procedure of confession, guilt plea,
repentance and apologies.
Thank you very much !
Web site: inkiko-gacaca.gov.rw
Email: gacaca@rwanda1.com