Rwanda
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Background
The Republic of Rwanda, located in East Central Africa, is bordered by the Democratic Republic of Congo, Uganda, Tanzania, and Burundi.
Rwanda, colonized by Germany and Belgium, first became a Republic under President Gregoire Kayibanda. Between 1959 and 1994, Rwanda was wracked by violence, culminating in the genocide of 1994 where more than 800,000 people were killed in 100 days. The Rwandese Patriotic Front (RPF) led an armed liberation movement in 1990 leading to the Genocide two years later. Over 130,000 people were put in prison on suspicion of genocide. At the conclusion of the violence, every national institution was affected. More than one million people fled the country and as much as a third of the population was internally displaced. During the turmoil, legal professionals and public officials left the country, leaving Rwanda's criminal justice system in shambles. Between 1959 and 1994, Rwanda was wracked by violence, culminating in the genocide of 1994 where more than 800,000 people were killed in 100 days. Over 130,000 people were put in prison on suspicion of genocide. At the conclusion of the violence, every national institution was affected. More than one million people fled the country and as much as a third of the population was internally displaced. During the turmoil, legal professionals and public officials left the country, leaving Rwanda's criminal justice system in shambles.
The post-genocide Rwandan government is currently trying to rebuild and transform the judicial system. In the justice sector, Rwanda has undertaken a major program of legal modernization and reform, culminating in the abolition of the death penalty in 2007. The Criminal Code was amended in 2004 to give arrestees the right to legal counsel during all stages of criminal proceedings, including initial interrogations.
The Ministry of Justice has developed a legal aid policy with the goal of providing universal access to justice in Rwanda. The implementation of this right is frustrated by the presence of only 450 lawyers in the entire country of 11.3 million people. It is estimated that 80% of defendants in criminal trials are unrepresented and are not given legal advice.
Type of System
The post-genocide Rwandan government, with its capital located in Kigali, is currently trying to rebuild and transform the judicial system. In the justice sector, Rwanda has undertaken a major program of legal modernization and reform, culminating in the abolition of the death penalty in 2007. Rwanda’s Constitution was adopted on May 26, 2003 by national referendum, replacing the Constitution written in 1991. It is written to guarantee an independent judiciary with a Supreme Court that acts as the constitutional court. The Criminal Code was amended in 2004 to give arrestees the right to legal counsel during all stages of criminal proceedings, including initial interrogations. Bureaucracy and a limited access to lawyers has severely slowed the judicial process on a international level.
Rwanda uses a dual legal system, incorporating both the Romano Germanic system of civil law based on German and Belgian civil codes, but is transitioning to a common law system. The head of state is President Paul Kagame, who was elected in 2000 is currently in his second 7-year term. The current Prime Minister, acting as the head of government, is currently Bernard Makuza, The Cabinet is comprised of the Council of Ministers appointed by the President, while the Parliament has executive power in accordance with the Constitution to legislate and pass laws. Branches of the Rwandan government include a Legislature, Executive, Judiciary, Supreme Court, and various levels of national and provincial courts. Gacaca Courts are a specialized facet of Rwandan community justice put into place after the Genocide to address the crimes against humanity committed.
Legal Aid Situation
The Ministry of Justice has developed a legal aid policy with the goal of providing universal access to justice in Rwanda. The implementation of this right is frustrated by the presence of only 450 lawyers in the entire country of 11.3 million people. It is estimated that 80% of defendants in criminal trials are unrepresented and are not given legal advice.
Source of Defendant's Rights
National
The Constitution of the Republic of Rwanda, adopted in 2003, ensures the basic rights of Rwandan citizens as particularly outlined in Title III Fundamental Human Rights and the Rights and Duties of the Citizen.
The Rwandan Penal Code (Law no. 21/77 of 18 August 1977 - J.O. , 1978, n° 13 bis, p. 1) further illustrates the fundamental rights of citizens within the judicial system. Article 16 All human beings are equal before the law. They shall enjoy, without any discrimination, equal protection of the law. Article 17 Criminal liability is personal. Civil liability is determined by law. No one shall be imprisoned on the ground of inability to fulfill obligations arising from civil or commercial laws.
Rwandan Code of Criminal Procedure, or RCCP, (Law n° 13/2004 of 17/5/2004 O.G nº special of 30/07/2004) with amendments by Law nº 20/2006 of 22/04/2006 (O.G special nº of 27 May 2006).
International
As a sovereign East African state, the Republic of Rwanda adheres to the codes and conducts of pan African legal institutions as well as international bodies. These include, but are not limited to, the African Union’s Principles and Guideline on the Right to a Fair Trial and Legal Assistance in Africa, African Charter on Human and Peoples’ Rights, and the International Criminal Tribunal for Rwanda (ICTR).
Pre Trial Procedures
I. Complaint Chapter 1, Section 2 (Services Responsible for Prosecution) of the Rwandan Code of Criminal Procedure: Sub-section 1. The Judicial Police a. a) Organization of the Judicial Police Article 18 Criminal investigation and prosecution are carried out by judicial police officers under the control and supervision of the Prosecution Service. The Criminal Investigation and Prosecution shall always communicate to the victim his/her right to claim for damages.
Article 19 The Judicial police are responsible for investigation of crimes, receiving complaints and documents relating to the offences, gathering evidence for the prosecution and defence and searching for perpetrators of the crimes, their accomplices and accessories so that they can be prosecuted by the Prosecution.
Section M. Provisions Applicable to Arrest and Detention: 7) Right to humane treatment: g) A detained person or his or her legal representative or family shall have the right to lodge a complaint to the relevant authorities regarding his or her treatment, in particular in case of torture or other cruel, inhuman or degrading treatment. h) States shall ensure that effective mechanisms exist for the receipt and investigation of such complaints. The right to lodge complaints and the existence of such mechanisms should be promptly made known to all arrested or detained persons.
See Criminal Justice Systems Around the World
QUICK FACTS
- 2009 Prison Population: 59,598, 604 people per 100,000
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