By Elizabeth Costner
Impunity Watch Senior Desk Officer, Africa
KIGALI, Rwanda – Amnesty International issued a press release on Friday urging governments worldwide to not transfer any individuals suspected of crimes during the 1994 Rwandan genocide for trial. The organization raised several concerns with the Rwandan justice system related to its ability to investigate and prosecute crimes fairly and impartially, and in accordance with international standards of justice.
Amensty highlighted three main issues that need to be addressed: concerns about the right to a fair trial within Rwanda; the risk of torture and cruel, inhuman, and degrading treatment including “appalling prison conditions”; and the ability of the systems that are in place to ensure that victims and witnesses that take part in the process are provided full protection and support.
Amnesty International also urged the International Criminal Tribunal for Rwanda (ICTR) to not transfer any of its cases to Rwanda until the government addresses the issues raised. The ICTR was created in 1994 by the Security Council and tries the most serious cases in Arusha, Tanzania. To date, the court has tried 27 cases and issued 22 convictions.
The Rwandan government has made several formal and informal requests to various governments for the extradition of several individuals accused of genocide, war crimes, and crimes against humanity. In June of this year, Rwanda abolished the death penalty in hopes that it would enable countries that object to capital punishment to extradite suspects.
In 2001 the country turned to the traditional “gacaca” system, when the jails were packed with more than 100,000 genocide suspects. Amnesty argues that “the guarantees of fair trials are not applied in the gacaca courts” that that “drains the whole legal system.”
Rwanda has rejected all of Amnesty International’s objections as unfounded. Rwanda’s prosecutor general, John Ngoga, told IRIN: “What Amnesty International is not offering is actual facts and evidence…It’s just blatant allegations. We will continue to pursue fugitives, wherever they are.” Ngoga further accused Amnesty of agitating for impunity.
Since the genocide ended 13 years ago, Rwanda has been keen to play a role in the prosecution of those responsible in the orchestrated slaughter of 800,000 ethnic Tutsis and moderate Hutus. Many see the use of domestic courts, rather than international or foreign courts, as being key to calming tensions that have persisted.
For more information, please see:
AllAfrica.com – Rwanda: Country Scoffs at Amnesty Claims – 3 November 2007
BBC News – ‘Don’t extradite’ Rwanda suspects – 2 November 2007
AFP – Don’t extradite Rwandan genocide suspects: Amnesty – 2 November 2007
AllAfrica.com – Rwanda: Genocide Justice System Prompts Row With Amnesty – 2 November 2007
AllAfrica.com – Rwanda: Amnesty International Asks the ICTR Not to Transfer Cases –2 November 2007
VOA News – Amnesty Urges Governments Not to Extradite Genocide Suspects to Rwanda – 2 November 2007
AllAfrica.com – Rwanda: Prosecutors Trained to Handle Genocide Cases – 2 November 2007
