This summer, I’ve spent just about all my time at work doing research on the International Criminal Tribunal for Rwanda (ICTR), which is located in Arusha, Tanzania and is charged with the duty of bringing genocidaires to justice. In recent years, there has been some tension between Rwanda and the ICTR because Rwanda has wanted to hear some of the high-profile case on the ICTR docket, but not a single one had been transferred.
However, just recently, on June 28, 2011, the Trial Chamber of the ICTR agreed to transfer the first case to the Rwandan judiciary — which before, the ICTR had deemed inadequate to hear such important cases.
Now that there is a chance that the Rwandan judiciary receive a case from the ICTR, it made me want to investigate just what the Rwandan Criminal Justice System is like. Here are my findings:
While the United States and ICTR function on a common law system, in Rwanda, the Romano-Germanic, or civil law, system prevails. The country is trying to turn over to a common law system, but until the reform is consummated, several differences remain:
- There is no jury system
- Defense lawyers do not prepare an investigation — only the prosecution does.
Although there are many similarities between the two systems, such as the accused being presumed innocent until proven guilty. The accused also has rights to legal representation, an interpreter, a fair trial, and an appeal.
The US Embassy also warns that if ever arrested, you should never sign anything, as it might be a confession.
<http://rwanda.usembassy.gov/criminal_justice_in_rwanda.html>
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