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gacaca jurisdicitons:

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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gacaca jurisdicitons:

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    9. 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)

    15. 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

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