The government is looking to increase the use of non-custodial mechanisms for convicts and detainees, thanks to a new policy developed by the justice ministry and got a cabinet approval recently. The Criminal Justice Policy aims to, among other things, make more room for the use of penalties like Global Positioning System (GPS) bracelets as a substitute for detention, as well as community service and fines as penalties for some convicts, so that the number of people who end up in jail reduces. Speaking to The New Times about the policy, Anastase Nabahire, the Director General for Justice Sector Coordination at the Ministry of Justice noted that the country is currently making efforts to put in place relevant changes in the penal law and law of criminal procedure; and thus, such policy comes in handy to give direction on that. “Judges did not have many alternatives (other than issuing jail-based penalties). This policy is going to open the justice sector to alternatives including electronic bracelets,” he said. Electronic bracelets (GPS bracelets) are already being used in some foreign countries, especially in the Europe and North America. Commonly, an electronic tag is fitted above the ankle of a convict or detainee, as part of their bail or probation conditions. This limits their movements, so that they do not go beyond certain areas. According to Nabahire, some of the changes that are provided for by the policy may not be implemented immediately, but work has already started to make them happen. Here for example, the ministry has almost finished formulating a new law governing community service as an alternative penalty, and are looking to establish more legal instruments for non-jail penalties. “When you look at our penal law, you realise that the penalties are heavy and long. Also, these laws tend to give less space for the judges to exercise their powers of discretion when making decisions in regards to penalties,” he said. In addition to this, Rwanda’s prisons look to shift from a “punitive system” to a correctional or rehabilitative one, Nabahire said. “We are working to equip correctional officers with sufficient knowledge and skills so that the institutions where people are taken upon conviction do not be like stores for agricultural produce,” he said. “Those (prisoners) are human beings subject to changing positively or negatively. So they need to be managed as human beings. We should not just put them behind the bars and lock them up. That is why schools have been established to train prison guards so that they can impart skills to the people who are sent to prison. We want prisoners to learn something during the time that they are in prison,” he added. Increasing the number of people released on parole is also something that the policy looks to do. Here, there will be more provisions put in place to ensure that prisoners who showcase positive change while in prison get released on parole. Parole is the temporary or permanent release of a prisoner before the expiry of a sentence, on the promise of good behaviour in society. Rwandan laws specify a number of conditions with which people released on parole must comply, or else be taken back to prison to finish their jail term. Nabahire also noted that justice sector officials will be putting efforts in curbing stigma that is directed towards former convicts. “We need to tell Rwandans to stop showing stigma to former prisoners. When a person is imprisoned for a short or long time after which they are released, many people in society are scared of them. This is not good because it really affects them inside,” he said. The policy also aims at putting more emphasis on crime prevention. “We have started to design a national crime prevention strategy. We are now collecting ideas for it,” Nabahire said. Government looks to get ways of bringing on board various institutions including the Ministry of Gender and Family Promotion (MIGEPROF), the Ministry of Education (MINEDUC) as well as religious leaders, towards crime prevention in society. “The role of a teacher, an Imam, a pastor, and a catechist in preventing crimes is tremendous,” Nabahire said. Reacting to the policy, John Mudakikwa, a human rights activist who heads the Centre for Rule of Law (CERULA), a local NGO said it is welcome since “it seeks to usher in new reforms aimed at transforming the current criminal justice system from a retributive, punitive system to a more restorative one.” He added: “Consequently, in the mid and long term, it shall reduce the current high prison overcrowding.” Tom Mulisa, a Rwandan lawyer, lecturer and researcher tipped the policy to improve access to justice. “Access to justice means quick processes because justice delayed is justice denied. Electronic bracelets and bail will ensure presumption of innocence, a constitutional right,” he said.
