Organic Law terminating Gacaca Courts and determining Mechanisms for solving issues which were under their Jurisdiction

Citation
Organic Law 4 of 2012
Date
15 June 2012
Language
English
Type
Legislation
Rwanda

Organic Law terminating Gacaca Courts and determining Mechanisms for solving issues which were under their Jurisdiction

Organic Law 4 of 2012

We, KAGAME Paul,President of the Republic;THE PARLIAMENT HAS ADOPTED AND WE SANCTION, PROMULGATE THE FOLLOWING ORGANIC LAW AND ORDER IT BE PUBLISHED IN THE OFFICIAL GAZETTE OF THE REPUBLIC OF RWANDA
THE PARLIAMENT:The Chamber of Deputies, in its session of 05 June 2012;The Senate, in its session of 16 May 2012;Pursuant to the Constitution of the Republic of Rwanda of 04 June 2003 as amended to date, especially in Articles 62, 66, 67, 88, 89, 90, 92, 93, 94, 95, 108, 143, 150, 151, 152, 153, 159, 179 and 201;Pursuant to the Convention on the Prevention and Punishment of the Crime of Genocide of December 9, 1948 as ratified by the Decree-law n° 8/75 of 12/02/1975;Pursuant to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity of 26 November 1968, as ratified by the Decree-law n° 8/75 of 12/02/1975;Having reviewed Organic Law n° 16/2004 of 19/06/2004 establishing the organization, competence and functioning of Gacaca Courts charged with prosecuting and trying the perpetrators of the crime of genocide and other crimes against humanity, committed between October 1, 1990, and December 31, 1994, as modified and complemented to date;ADOPTS:

Chapter One
General provisions

Article One – Purpose of this Organic Law

This Organic Law terminates Gacaca Courts charged with prosecuting and trying persons accused of the crime of genocide perpetrated against Tutsi and other crimes against humanity committed between October 1, 1990, and December 31, 1994.It also determines the mechanism of solving pending issues that were under their jurisdiction and any issues which may arise after.

Article 2 – Termination of the Gacaca Courts

Gacaca Courts charged with prosecuting and trying persons accused of the crime of genocide perpetrated against Tutsi and other crimes against humanity committed between October 1, 1990, and December 31, 1994, are hereby terminated.

Chapter II
Prosecution, hearing and the execution of judgments on the crime of Genocide perpetrated against Tutsi and other crimes against humanity

Section One – Prosecution and punishment of acts constituting the crime of Genocide perpetrated against Tutsi and other crimes against humanity

Article 3 – Laws governing the prosecution and punishment of acts constituting the crime of Genocide perpetrated against Tutsi and other crimes against humanity

The prosecution and punishment of acts constituting the crime of genocide perpetrated against Tutsi and other crimes against humanity which were committed between October 1, 1990 and December 31, 1994, in the jurisdiction of Gacaca Courts shall be exercised by competent organs according to laws in force applicable in these matters.However, filing a civil case for damages resulting from the crime of genocide perpetrated against Tutsi and other crimes against humanity committed between October 1, 1990, and December 31, 1994, shall be determined by a law.

Article 4 – Acts constituting the crime of genocide perpetrated against Tutsi and other crimes against humanity within the jurisdiction of the Intermediate Court

The following offences shall be tried at the first instance by the Intermediate Court:1°offenses or criminal participation acts aimed at planning, organizing, inciting, supervising and leading the crime of genocide or other crimes against humanity, committed by a person with his/her accomplices;2°acts constituting the crime of genocide perpetrated against Tutsi and other crimes against humanity committed between October 1, 1990, and December 31, 1994 by a person who, at that time, was in the organs of leadership, at national and prefecture levels with his/her accomplices.

Article 5 – Acts constituting the crime of genocide perpetrated against Tutsi and other crimes against humanity which are in the jurisdiction of the Primary Court

The following offences shall be tried at the first instance by the Primary Court:1°acts constituting the crime of genocide perpetrated against Tutsi and other crimes against humanity committed between October 1, 1990, and December 31, 1994 by a person who, at that time, was in the organs of leadership at sub-prefecture or commune level: in public administration, political parties, communal police, religious denominations, or illegal militia groups or encouraged other people to commit them, with his/her accomplices;2°acts of rape or sexual torture, committed by a person with his/her accomplices;3°homicide;4°acts of torture;5°dehumanising acts on a corpse;6°serious attacks against others causing death;7°causing injuries or committing other serious attacks against people, with intention to kill them, even if the objective was not accomplished;8°other criminal acts against persons without any intention of killing.

Article 6 – Acts constituting the crime of genocide perpetrated against Tutsi and other crimes against humanity within the jurisdiction of Mediation Committee

Notwithstanding of the value of the subject matter and the address of the parties to proceedings, offences related to looting and damaging of property committed between October 1, 1990, and December 31, 1994, which were within the jurisdiction of Gacaca Courts shall be tried by the Mediation Committees applying laws governing these committees regardless that they were committed by civilians, gendarmes or soldiers. Offenders shall be ordered to pay compensation.

Article 7 – Acts constituting the crime of genocide perpetrated against Tutsi and other crimes against humanity committed by a person who was a soldier or a gendarme

Acts constituting the crime of genocide perpetrated against Tutsi and other crimes against humanity committed by a soldier or a gendarme between October 1, 1990, and December 31, 1994, which were within the jurisdiction of Gacaca Courts but not relating to looting and damaging property shall be tried at the first instance by the Military Tribunal.

Article 8 – Trial of an extradited person sentenced by Gacaca Courts

A person extradited to be tried in Rwanda and who has been sentenced by Gacaca Courts shall be tried by a competent court as provided by this Organic Law.However, the decision of the Gacaca Court shall first be nullified by that court.

Article 9 – Opposition against a judgment rendered by a Gacaca Court while the offender was abroad

If a person was sued, tried and sentenced by a Gacaca Court while abroad, returns and it is found that he/she did not have intention to escape justice, he/she may file an opposition before a competent court which has jurisdiction to try that offence as provided by this Organic Law.A person who wishes to file opposition must do so within two (2) months from the date he/she returns in the country and shall remain free until found guilty or not guilty.For the purpose of this Article, “escaping justice” means leaving the country after investigation has started either by the Judicial Police, the Public Prosecution or a Gacaca Court.

Article 10 – Application for review of a judgment rendered by a Gacaca Court

A judgment rendered by a Gacaca Court may be reviewed by a competent court due to one (1) of the following reasons:1°if a person is convicted of homicide by a Gacaca Court final judgment and after the person alleged to have been killed is found alive;2°if a person is definitively convicted of homicide by a Gacaca Court and it is the only crime to which he/she is convicted, and later another person is convicted of the same crime where there is no complicity between the two;3°if, after a person has been acquitted by a Gacaca Court final judgment, it is found beyond reasonable doubt that there is reliable information disclosed during the period of collecting information, unknown at the time of adjudicating the case and which however proves his/her criminal responsibility;4°if a person has been convicted or acquitted by a Gacaca Court final judgment and later it is found that the bench which rendered the decision was corrupt, as decided by a competent court.A review of the judgment can be requested only by the victim, the convicted person or the Public Prosecution.A decision taken after a review of judgment shall not be subject to any appeal.

Section 2 – Execution of judgments rendered by Gacaca Courts

Article 11 – Execution of judgments related to the penalty of imprisonment and Community Services as an alternative penalty to imprisonment

Tracking persons sentenced by Gacaca Courts to imprisonment and to Community Services as alternative penalty to imprisonment shall be carried out by the Rwanda National Police.Execution of penalties under Paragraph One of this Article shall be determined by relevant laws.

Article 12 – Modalities of compensation of property

Compensation shall be paid by the offender himself/herself or his/her property.However, if it is evident that the offender of looting and damaging is insolvent, he/she shall be subjected to Community Services as alternative penalty to imprisonment.

Article 13 – Requirements for execution of judgements related to property

The decisions rendered by Gacaca Courts on the damaged or looted property must, prior to their execution, be affixed with an executory formula by the Primary Court of the place where the decision judgement was rendered upon approval by the Executive Secretary of the Cell where the case was adjudicated through a written document submitted to the President of that Court.

Article 14 – Auctioning procedure

Upon the time for auction, the property subject to the auction shall be sold, and the money shall be distributed among beneficiaries with copies of the judgment affixed with the executory formula.Before giving to the beneficiary the money raised from the auction, the court bailiff shall give notice to persons holding a copy of judgment sentencing the person to whom the property is subject to the auction, to announce their debts within a period not exceeding thirty (30) days.If the period referred to under Paragraph 2 of this Article expires, the money is given to the persons that were identified.When the property subject to auction was fraudulently concealed, it is immediately seized regardless of the possessor and put in public auction.

Article 15 – Opposition to the auction

Before the auction ends, any person who finds that he/she may be prejudiced by the execution of the judgment shall have the right to request its non-execution before the President of the Primary Court by way of ex parte application.In case of request for opposition to the execution of the judgment, the auction shall be suspended until a decision is made on the opposition within a period not exceeding forty-eight (48) hours.

Article 16 – Disputes arising from the execution of judgments

Disputes arising from the execution of the judgment of Gacaca Courts without consideration of the relevant laws and regulations at the time of these judgments shall be settled by the Primary Court which has affixed the executory formula or of the place of execution of the auction.A decision taken on such disputes shall be subject to appeal once.

Article 17 – Auction

Without prejudice to the provisions of Article 14, 15 and 16 of this Organic Law, auction in the enforcement of Gacaca courts judgments shall be done in accordance with laws in force relating to auction.

Article 18 – Execution of the penalty of community services as an alternative penalty to imprisonment

A Presidential Order shall define and determine modalities for the execution of the penalty of community services as an alternative penalty to imprisonment pronounced by Gacaca Courts on judgments related to genocide committed against Tutsi and other crimes against humanity.

Chapter III
Miscellaneous and final provisions

Article 19 – Documents of judgments rendered by Gacaca Courts

Documents, audios, videos and others means used during the hearings of Gacaca Courts shall be transferred to the National Commission to fight against Genocide.

Article 20 – Reconstitution of a copy of Gacaca decision that disappeared

Any person who needs a copy of a judgment rendered by a Gacaca Court, but which can no longer be found shall request the Public Prosecution at the Primary Level to recollect information for the reconstitution of the file. Such information shall be submitted to the Primary Court in order to reconstitute the decision.

Article 21 – Drafting, consideration and adoption of this Organic Law

This Organic Law was drafted, considered and adopted in Kinyarwanda.

Article 22 – Repealing provision

The Organic Law n° 16/2004 of 19/06/2004 establishing the organization, competence and functioning of Gacaca Courts charged with prosecuting and trying the perpetrators of the crime of genocide and other crimes against humanity, committed between October 1, 1990 and December 31, 1994, as modified and complemented to date and all prior legal provisions contrary to this Organic Law are hereby repealed.However, without prejudice to the provisions of Article 8, 9 and 10 of this Organic Law judgement rendered by the Gacaca Courts in accordance with the Organic Law referred to in Paragraph One of this Article shall remain in force.

Article 23 – Commencement

This Organic Law shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.
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History of this document

15 June 2012 this version
Assented to
Commenced