The gacaca courts, which have been hearing genocide cases
since 2002, officially closed on Monday, June 18.
Due to the large number of perpetrators in the genocide, the
jails in Rwanda had become horrifically overcrowded. In addition, the genocide
nearly gutted the legal profession, leaving few trained lawyers and judges
alive to prosecute genocide perpetrators. As a result, hearing the hundreds and
thousands of cases in traditional courts was not going to be sufficient.
In an effort to create a more efficient legal process, the
gacaca courts were established to hear the cases of those who were involved in
the genocide but were not responsible for planning it. (The trials of the
genocide “masterminds” were reserved for the International Criminal Tribunal in
Tanzania.) Gacaca was originally a traditional method of conflict resolution in
which community members would come together within the village to discuss the
issue. When it became apparent that the traditional courts were not sufficient
for trying the backlog of cases in the wake of the genocide, these “community
courts” were established so that the truth of the genocide could be known and
reconciliation could begin to take place within the communities.
However, there have been very mixed feelings toward the
gacaca courts. While some believe that it has brought closure to many of the
victims regarding the manner of their family’s deaths, many humans rights
groups claim that these courts did not allow for a fair trial. Because of its
community-based nature, the gacaca judges and lawyers often had no legal
training, and many victims who testified feared retaliatory attacks. With such
mixed responses to the courts, it is likely to be some time before we see the
full legacy of the gacaca courts on the healing and reconciliation process in
Rwanda.
For more information about the closing of the gacaca courts,
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