By CATHERINE RIUNGU
The EastAfrican
June 8, 2009
The decision by the International Criminal Court to grant Tanzania’s request to try Rwanda genocide suspects after the expiry of the Arusha-based ICTR has caught Rwanda by surprise, given that it is the only country that had expressed willingness to do so.
The United Nations had asked Kigali to upgrade its judiciary system and improve its jails to conform to international standards to qualify.Going by the often frosty relations between Rwanda and the ICC, the decision to favour Arusha does not come as a surprise.
It should be remembered that in 1994, Rwanda voted against the formation of the tribunal when the UN turned down its request to host it, and Kenya, which had been suggested as a possible host, would not hear nit.
The reluctance of UN member countries to take over the cases underscores the myriad challenges the ICTR has faced since its formation 14 years ago.
The tribunal is having a hard time getting asylum for convicts who have served their sentences but are unwilling to go back to Rwanda.
One of them is still in Arusha, five years after being set free. Appeals by the ICTR to countries to offer him residence have so far been unsuccessful.
As the ICTR’s mandate drew to a close and efforts to rope in other countries to host the suspects proved futile, Rwanda looked likely to be granted its wish and started preparing for the task.
Kigali reorganised its judiciary, which is now said to be the most independent in the region and free from executive interference.
It put in place a transparent system for the recruitment of judiciary officials as one of the prerequisites of the international humanitarian justice system. It has also abolished the death penalty, as per the UN convention.
Under international humanitarian law, two of the most severe punishments meted out for genocide and crimes against humanity are life imprisonment and the maximum is jail for the rest of one’s life.
A life imprisonment term comes with the hope of a parole but where one is sent to jail for the rest of his life, there is no pardon.
Those facing lesser charges are jailed for between one and 30 years. The ICTR is helping Kigali redesign its jails to conform with international standards given that those convicted are confined in isolation and allowed conjugal rights.
Rwanda does not allow conjugal rights and attempts to introduce it have faced opposition.
It could prove even more difficult for the genocide cases, considering that the convicted persons are likely to be seen as enjoying liberties behind bars.
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