Post-genocide justice in Rwanda was delivered through a multi-tiered legal framework designed to prosecute more than a million perpetrators, rebuild the shattered domestic judicial system and promote national reconciliation. The genocide resulted from an institutionalised culture of crime rooted in ethnic and racial discrimination that began in 1959. Nobody could have predicted the scale of the tragedy that unfolded. Widespread impunity had convinced a large portion of the population that, in the name of the ethnic majority, they could do anything without facing consequences. Tutsi lives were treated as worthless. The new government faced the enormous task of restoring the judicial system. Already weakened before 1994, the system could not easily handle the post-genocide situation. It lacked qualified personnel, the executive maintained tight control over the judiciary, and working conditions were particularly difficult. These weaknesses were highlighted in a report compiled by an international commission two years before the genocide. The commission reported: “The major weakness of the judicial system was that the people who were responsible for violence continue to move with impunity.” After examining the files on criminal proceedings, the commission concluded that the judicial process had been paralysed. As in other dictatorships, Rwanda’s judicial system was controlled by the executive. The situation deteriorated further following the genocide and massacres of April–July 1994. Many magistrates and employees of the Ministry of Public Service were killed or imprisoned, while others fled into exile. There was broad agreement that reconciliation between Rwanda’s communities could not take place without equitable justice. By January 2003, the number of people detained had reached approximately 120,000. Of these, 80,000 were held in central government prisons, while the rest were held in district prisons. The government faced severe prison overcrowding. Rather than halt the arrest of suspects, the transitional government worked to expand prison capacity in Rilima (Bugesera District), Ntsinda (Rwamagana District), Kimironko (Gasabo District) and Gikondo (Kicukiro District). These efforts aimed to improve prisoners’ living conditions. The government also supplied prisons with materials and trained prison staff. Despite these efforts, justice remained a major concern for many Rwandans. Survivors felt that the government was not doing enough to secure justice, provide compensation or protect them. They also believed that the process was not being conducted satisfactorily. Sympathisers of the former regime and those who minimised or denied the genocide and massacres of April–July 1994 had no confidence in the judicial system. They viewed it as a system established by a transitional government that they associated with the Tutsi community. Some reports described it as “victor’s justice” or “pseudo-justice”, suggesting that its purpose was to exact revenge on behalf of the Tutsi community. The government understood that an amnesty granted by official decree would neither prevent further crimes nor guarantee reconciliation. Its position was that amnesty should follow confession, punishment and compensation. To speed up the review of suspects’ case files, several screening committees were established, followed by mobile teams. They reviewed 23,418 files and released 4,106 people. Of those released, 352 were minors, 762 were elderly, 302 were ill, and 2,690 were released because there was insufficient evidence against them. These figures were lower than expected. In September 1996, the Rwandan government promulgated a law on genocide aimed at bringing all genocide suspects to justice. A key feature of the law was its classification of suspects into four categories according to their responsibility for the crimes committed. Those who planned the genocide fell into the first category. Another challenge concerned how to grant pardons to those who confessed to their crimes. The law did not produce the expected results. By 2001, almost 2,000 cases had been adjudicated, and approximately 20,000 people had confessed. The confession process continued until the establishment of the Gacaca courts. The slow pace of justice was paralysing the broader process of social and political reconstruction and required a solution. The issue received considerable attention during discussions held at Urugwiro Village. These discussions encouraged the government to explore Gacaca as a possible solution. Rwandan researchers had proposed the use of Gacaca, as had a commission of inquiry established by the RPF. It was considered the most appropriate approach. Following extensive consultations with a team of experts and consultants coordinated by the Ministry of Justice, the proposal took shape. The process culminated in a law adopted by the Transitional National Assembly (TNA) on October 12, 2000.
