VZCZCXYZ0020
PP RUEHWEB

DE RUEHLGB #0496/01 1431528
ZNR UUUUU ZZH
P 231528Z MAY 07
FM AMEMBASSY KIGALI
TO RUEHC/SECSTATE WASHDC PRIORITY 4177
INFO RUEHJB/AMEMBASSY BUJUMBURA 0064
RUEHDR/AMEMBASSY DAR ES SALAAM 0877
RUEHKM/AMEMBASSY KAMPALA 1606
RUEHKI/AMEMBASSY KINSHASA 0214
RUEHNR/AMEMBASSY NAIROBI 0872
RUEHFR/AMEMBASSY PARIS 0237

UNCLAS KIGALI 000496 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM RW
SUBJECT: GENOCIDE ADJUDICATIONS RISING RAPIDLY; MORE 
 
REFORMS UNDER CONSIDERATION 
 
REF: KIGALI 110 
 
Summary 
------- 
¶1.  (SBU)  Gacaca courts trying genocide suspects have 
greatly increased their rate of adjudication, following 
adoption of the new genocide statute on March 1.  As of 
mid-May, gacaca courts have processed nearly 400,000 cases, 
approximately half the existing caseload. Judicial 
authorities are reportedly considering further reforms to 
both speed adjudication and reduce custodial sentences. End 
summary. 
 
Adjudications Rising Rapidly 
---------------------------- 
¶2. (SBU) Gacaca Courts Executive Secretary Domitilla 
Mukantaganzwa told us May 22 that of the 818,000 existing 
genocide suspects, nearly half have had their cases 
adjudicated by mid-May.  Of 432,000 category two cases (those 
involving murder or other serious abuses), 186,000 had been 
adjudicated, leaving 246,000 cases.  Of 308,000 category 
three property cases, about 70 percent, or 210,000, had been 
processed (property cases do not result in jail sentences, 
and are usually settled out of court).  She anticipated that, 
of the 77,000 category one cases involving leaders/organizers 
of the genocide or those who committed sexual crimes, 
currently scheduled to be heard by regular courts, 50,000 to 
60,000 would be transferred to category two status under the 
new statute.  In sum, including category one cases to be 
transferred to category two, there are approximately 300,000 
category two cases to be adjudicated, and 100,000 category 
three cases. 
 
¶3.  (SBU) Mukantaganzwa noted that the pace of adjudication 
has quickened considerably since the advent of the new law. 
The number of gacaca courts had nearly doubled from 1545 to 
about 3000 (the new law reduced the number of judges sitting 
on each case, with the "extra" judges seated in new courts). 
Additionally, several districts in the northern and eastern 
provinces of the country had relatively few genocide 
suspects, as the RPF/RPA either controlled or quickly 
captured those districts during the 1994 genocide. These 
districts had essentially finished their caseloads, and 
gacaca administrators would be transferred to other parts of 
the country to assist with their remaining cases. This 
process would also accelerate, as more and more districts 
completed their caseloads (Note: the lowest number of cases, 
1051, were found in Burera District in the north; Nyanza 
District in the south had 61,478). 
 
Further Reforms Possible 
------------------------ 
¶4.  (SBU)   Prosecutor General Martin Ngoga earlier told us 
that some thought was being given to transferring all 
category one cases from the regular courts to gacaca courts. 
This would, he noted, relieve the regular courts of the 
enormous strain of trying thousands of genocide cases.  A 
Belgian diplomatic colleague told us recently that the GOR 
was considering suspended sentences and TIG (community 
service) for all category two cases.  Such a move, he agreed, 
would greatly reduce the numbers of persons, convicted in 
gacaca courts, heading to already severely crowded prisons. 
Mukantaganzwa declined to confirm the details of senior-level 
discussions on further gacaca court reforms.  "I cannot speak 
to that," she said, "we in the gacaca courts are 
implementors. Others above us are the policy-makers." 
 
Prison Population at All-Time High 
---------------------------------- 
 
¶5.  (SBU)  An International Committee of the Red Cross (ICRC) 
official told us that the total for the 16 central prisons 
had risen to 92,000 prisoners as of the end of April. This 
was, he said, the highest total ever recorded at these 
prisons.  (Approximately 125,000 prisoners were confined in 
the 1990s, when the GOR used local lockups (cachots) and 
police stations for genocide suspects as well as the 18 
prisons then in use).  The prison population was now growing 
at a rate of 4,000 prisoners a month, nearly all from gacaca 
trials.  With gacaca courts now doubled, he said, he would 
not be surprised if the monthly increase reached 8,000 a 
month. 
 
Comment 
------- 
 
 
¶6.  (SBU)  The pace of gacaca adjudications has quickened, 
and the GOR policy goal of a gacaca process completed by 2008 
appears within reach.  The government now appears to be 
discussing internally an enormously difficult question: where 
to house all the convicted genocidaires when their cases are 
completed?  Greatly expanded suspended sentences and 
community service options would relieve the terribly crowded 
prisons.  While survivor organizations would likely be 
opposed to such a compromise, such reforms would be received 
by Hutu families with relief.  In the end, practical 
realities may govern GOR decision-making.  End comment. 
ARIETTI