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Une Étude D'un Cas Problématique: Secteur Gahini (District Rukara

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Une Étude D'un Cas Problématique: Secteur Gahini (District Rukara Research on the Gacaca – PRI Report V With the support of the Department for International Development (DfID) September 2003 1 TABLE OF CONTENTS Introduction ___________________________________________________________________ 3 Report Summary _______________________________________________________________ 4 I. Context _____________________________________________________________________ 6 A. PRI’s presence in the field ________________________________________________________ 6 B. General comments about the objectives of the Gacaca tribunals in view of the advancement of the process _________________________________________________________________________ 7 1. Allowing the truth to be known about the genocide: _________________________________ 7 2. Accelerate the genocide trials: Empty the prisons? __________________________________ 12 3. Reconciliation and national unity? ______________________________________________ 13 C. Monitoring of the Gacaca programme and research by the Rwandan government, and Rwandan and international organisations________________________________________________________ 17 II. Case Study: The Gacaca tribunal of the Ibiza, Umwiga and Kabeza cells (Gahini, Rukara and Umutara sectors) __________________________________________________________ 19 A. Ibiza Cell: ____________________________________________________________________ 22 B. The Gacaca tribunal of the Kabeza cell, an unrecognized failure________________________ 27 III. Case Study: The Gacaca tribunal of the Gishamvu cell (Gishamvu, Nyakizu and Butare sectors) ______________________________________________________________________ 34 A. Local situation ________________________________________________________________ 34 B. The panel and participation of judges _____________________________________________ 35 C. Participation of the population ___________________________________________________ 36 D. Participation of the authorities ___________________________________________________ 41 E. Pre-Gacaca ___________________________________________________________________ 42 IV. Case Study: The Gacaca tribunal of the Gabiro and Rukaragata cells (Murama, Kayove, and Gisenyi sectors) ____________________________________________________ 46 A. Local situation ________________________________________________________________ 46 B. Complexity of the genocide ______________________________________________________ 49 C. The case of Augustin Usabyemungu: the complexities of the genocide and its consequences 51 D. Assessment of the Gacaca tribunals of Murama: _____________________________________ 59 V. Recommendations ________________________________________________________ 63 A. Sensitisation __________________________________________________________________ 63 B. Support for the work of the Inyangamugayo ________________________________________ 63 C. Participation of the population ___________________________________________________ 64 D. Reconciliation_________________________________________________________________ 66 E. Mobilisation of the local authorities _______________________________________________ 66 F. Compensation_________________________________________________________________ 66 G. Transport_____________________________________________________________________ 67 Conclusion ___________________________________________________________________ 68 ANNEXES___________________________________________________________________ 69 Annex 1: Lawyers Without Borders (LWB) Statistics __________________________________ 70 Annex 2: PRI Statistics _________________________________________________________ 73 Annex 3: Gacaca Co-ordination Structure ___________________________________________ 83 Annex 4: Gacaca ______________________________________________________________ 84 Annex 5: The Story of Augustin Usabyemungu at Gisenyi ______________________________ 87 2 Introduction This document is the fifth in a series of reports1 on the work carried out by the research team of Penal Reform International - PRI, in Rwanda, over the period from July 2002 to beginning 2003. This period was devoted to preparing for the Gacaca tribunals at cell level. It covers the first two stages of this process which will end with the third stage – that of trials – forecast for end 2003 or in 2004. The previous report also covered a small portion of the same period, but focused on the procedure of confessions and the communiqué of 1 January 2003 from the Presidency of the Republic, on the provisional release of detainees. The present report gives a brief overview of the development of some programmes that are important for the Gacaca: - Compensation and community service, which however do not seem to be moving forward, - Monitoring by various actors, - Some observations on the Gacaca tribunals in general, - And above all the participation of the population in the Gacaca process. This general part is followed by three case studies: Umutara, Butare and Gisenyi. These cases show that the local situation, the local history of the genocide and the role of the local authorities are important factors to be taken into consideration in order to understand the differences between zones. 1. For previous PRI reports, see Klaas de Jonge : - Report I : “Interim Report – Research on the Gacaca tribunals and their preparation, July-December 2001” PRI, Kigali/Paris, January 2002 - Report II/confidential : “Activities PRI research team report, January-March 2002” PRI, Kigali/Paris, April 2002 - Report III : “Research on the Gacaca, April-June 2002”, PRI, Kigali/Paris, July 2002 - Report IV : “Report on the Gacaca Research: The procedures of confessions, cornerstone of Rwandan justice”, PRI, Kigali/Paris, January 2003 Reports I, III and IV are also available on PRI’s website: http://www.penalreform.org 3 Report Summary Three major problems have emerged from the observations made, which are hampering the functioning of the Gacaca and could therefore eventually jeopardize its chances of success to achieve real reconciliation. The first problem, which is fundamental in a participative justice system such as the Gacaca, is proving to be the lack of participation of the population in the sessions. The low level of participation is felt both in terms of physical presence (delayed sessions, most of the population not showing up) and contributing towards difficulty in establishing the truth (with the exception of the Murama section). People are afraid of testifying or assuming their responsibilities; the rumours and confrontations during the sessions create a strong feeling of insecurity (real or imaginary). Only the prisoners have no hesitation in confessing. However, the latter, who are often perceived to be arrogant for many reasons, only increase the feelings of unease and mistrust that the population may have in relation to the Gacaca. In these circumstances, the lack of training and sometimes of motivation of the judges is felt even more strongly. What is also problematic is the delay in two programmes connected to the Gacaca – compensation and community service. Admittedly, in the case of compensation, the current draft law is pragmatic in trying to find a solution to the prickly question of how to assess losses, and the problem of solvency for sentenced convicts, by defining a fixed compensation amount that can take the shape of services. This ends up blocking the second programme, that of community service, which is highly damaging. With the Gacaca in operation and the imprisonment of new detainees, this alternative to imprisonment must increasingly be reckoned with. Although the population needs to be sensitised on this subject in order to allay the fears of both victims and detainees, spending should not be cut back on community service, as it is an indispensable tool for the Gacaca to function properly and eventually for reconciliation. Finally, we will raise the issue of the temporary suspension of the Gacaca tribunals in the pilot sectors and the question of how this is perceived by the populations concerned. Such interruptions are essential in order that all the sectors may reach the same level of progress before the last stage of trials (mainly because the real responsibility of those who have committed offences in several different places must be established). 4 Summary of the case studies presented: Pilot sector of Gahini (Rukara, Umutara) The main problem that emerges from the observations of the Kabeza and Ibiza cells is the lack of participation of the population in the Gacaca sessions. This disengagement is apparent both at the level of formal participation (small number of persons present, delays in starting sessions) and real participation: people are very reluctant to take part in discussions, to testify or make confessions (with the exception, however, of the prisoners, the Hutu women who had Tutsi husbands, and the “1959 repatriates”). Several factors could explain this, such as a strong feeling of insecurity (real or imaginary), the fear of testifying and suffering the consequences, or even the atmosphere of suspicion and tensions within the sessions, where conflicts reappear with intensity between persons and/or social groups, relating to the genocide, land disputes or religion. This silence weighs heavily on the Gacaca process at a time when the sector is entering the phase when individual records and categorisation of the accused will be made. Pilot sector of Gishamvu (Nyakizu, Butare) After observation, it seems that we should not be deceived by the apparent success of the Gihamvu
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