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"Copyright © – Attila Szili.
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In 1996 a genocide law was adopted in Rwanda, creating four categories of crime and associated punishments, ranging from particularly cruel behaviour (category I) to simple property offences (category IV). Trials started by the end of the same year and by 2001, approximately 3,500 persons had been judged.
The quality of the trials has improved over the years but serious problems remained, like the corruption of judges, intimidation of witnesses, absence of a defence counsel, and political pressure. A second major problem is quantitative because it would take more than a century to finish the trials of the 130,000 persons who are imprisoned, often in horrendous conditions. More people accused of participation in the genocide die in Rwanda’s prisons each year than are judged. Out of these problems grew the idea of transforming a traditional Rwandan community-based conflict resolution mechanism called gacaca into a tool for judging those accused of participation in the genocide and the massacres.
The system:
Throughout the country gacaca tribunals have been created composed of persons of integrity elected by the inhabitants of cells, sectors, districts and provinces. Each prisoner (except those accused of category I crimes) will be brought before the tribunal in the community where the accused is supposed to have committed a crime. The entire community will be present and act as a general assembly, discussing the alleged act or acts, providing testimony and counter-testimony, argument and counterargument.
In the first phase, at the lowest level (the cell), gacacas will categorize all prisoners using the legal categories established in the 1996 genocide law.
In the second phase, gacaca tribunals at different levels will judge the accused, with each level having competence to judge appeals from the level below.
One of the innovative elements of the gacaca law is the confession procedure. Prisoners who confess and ask for forgiveness can receive dramatic reductions in penalties. Finally, the gacaca law greatly simplifies the reparation procedure for survivors of genocide. Part of the gacaca proceedings consists of a detailed listing of all the damages suffered by each survivor like destruction of property, physical harm or loss of relatives and providers. When the procedure is completed the claimants receive a statement of their losses and can use this to receive reparations from a public fund.
In a few words the aim of the gacaca system is:
- to speed up the trials and empty the prisons
- to involve the community in establishing the truth and promoting reconciliation.

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Additional Photos by Attila Szili (atus) Gold Star Critiquer/Gold Star Workshop Editor/Gold Note Writer [C: 2248 W: 209 N: 4621] (15476)
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