Why CNLG seeks to amend law terminating Gacaca

The National Commission for the Fight against Genocide (CNLG) is considering amending the Organic Law terminating the Gacaca courts to close loopholes in the existing law, especially regarding retrials. Appearing before the Parliamentary standing committee on Unity, Human Rights and fight against Genocide, Jean de Dieu Mucyo, the Executive Secretary of CNLG said the current law enacted in 2012, has a number of loopholes. The committee was evaluating the commission’s 2013/14 report. “There are a number of Genocide convicts who have sought appeal in the conventional courts and some have been set free without victims’ knowledge,” Mucyo told legislators last week. Mucyo said there should have been stronger mechanisms through which court appeals for Genocide convicts must go through. He said some convicts have sought appeal because they have (financial) capacity, compared to survivors who were the complainants. Mucyo explained that, survivors fail to attend conventional court hearings, in most cases which are held far from their homes, hence compelling court to make partial rulings. “To harmonise all these issues, we want the law to be amended to close the gaps,” Mucyo said. He said there are ongoing consultations between stakeholders to determine sections of the law which could be amended. François Byabarumwanzi, Chairperson of the parliament committee told The New Times that CNLG would table its proposal to change sections of the law after preparing the amendments. “It is possible to find issues within any law during its implementation. However, if majority of Rwandans move for the amendment of the law–as the constitution provides, then it shall be amended–not only based on CNLG’s plea,” Byabarumwanzi said. The law terminating the Gacaca courts provides for the Genocide convict to seek retrial in the conventional court, under four circumstances which include; the situation where the person alleged to have been killed by the convict is found alive, if two convicts were accused of killing the same person and there is no complicity between the two, if new evidence for criminal responsibility is found against an acquitted person, and in case a person has been convicted or acquitted by a Gacaca Court final judgment and later it is proven in court that judges who rendered the decision were corrupt. CNLG believes some convicts abuse these provisions to seek appeal. The 1994 Genocide against the Tutsi claimed over 1 million victims and forced over 3 million people into exile. Also, about 120,000 suspects were provisionally locked up waiting to be tried. With urgent demand for justice for both prisoners and Genocide survivors, the Gacaca court system of community justice inspired by tradition was established in 2001 to expedite jurisdiction. Gacaca justice system officially closed operations on June 18, 2012 after trying more than 1.9 million suspects in ten years, a great feat in comparison to how long it would have taken if the trials were to be handled by formal courts. editorial@newtimes.co.rw

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Why CNLG seeks to amend law terminating Gacaca