The East African

RWANDA: Kagame Urged to End Death Penalty

HUMAN-RIGHTS groups and other non-government organisations in Rwanda have appealed to President Paul Kagame's to abolish capital punishment, a move they believe will improve the country's image abroad and promote forgiveness and reconciliation at home.

"If capital punishment is abolished, Rwanda's credibility will not only improve in the eyes of the international community but the families of prisoners condemned to death will appreciate the government gesture and it will build national reconciliation and promote a culture of forgiveness among communities in the country," said Andre Gakwaya of Grands Lacs Hebdo, a journal and human-rights organisation. "Death is not a deterrent to violent crime."

Mr Gakwaya, who was formerly with the Rwanda Human Rights Commission, was speaking during an inter-regional meeting on peace building in the Great Lakes region held in Tanzania from December 13-15, which brought together over 80 media people and civil society organisation representatives from Rwanda, Burundi, Democratic Republic of Congo, Uganda, Tanzania and Zambia.

An estimated 10,000 prisoners in Rwanda have so far been condemned to death for participating in the 1994 genocide.

However, the Rwandan government says it can only abolish the death penalty if the people so decide through a referendum.

Mr Gakwaya said that NGOs dealing with human-rights issues are lobbying the government and have began sensitising the public through workshops, conferences, meetings and the media so that by the time the referendum is held, they can make the right decision.

"Sensitisation has created 2 sets of people: those against its abolition - who say that those who killed during the genocide should also suffer death; and those who believe that the abolition of capital punishment will create reconciliation and promote forgiveness among the people," said Mr Gakwaya.

However, analysts say if the law is abolished, the Tutsis will perceive that there is no justice and could seek revenge on the Hutus living in Rwanda and those returning home. They say that this will perpetuate new cycles of violence. An estimated 800,000 Tutsis and moderate Hutus were killed by extremist Hutu militias during the 100-day genocide.

Mr Gakwaya said when at the commission, he approached the Inspector General of Government, Ombudsman Tito Rutaremara, who said the law could only be reversed by the people through a referendum.

Two years after the genocide in September 1996, Rwanda's parliament approved a law designed to expedite the trials of thousands held in prisons and to encourage Hutu refugees to return home. The legislation covers crimes committed during the 1990-1994 period.

The government is using Gacaca courts - an alternative participatory justice system involving the community - which started operating in 2002 to try thousands of genocide suspects.

But such courts cannot pass the death penalty. Defendants who were aged 14 to 18 at the time of committing their crimes receive sentences half those for adults, while minors aged under 14 are usually set free.

The International Committee of the Red Cross estimates that some 89,000 prisoners are still crowded into the jails of Rwanda. Up to 23,000 were released last year.

An official from one of the human-rights civil society organisations that attended the meeting in Tanzania, said those found guilty of genocide crimes should not be condemned to death. They should get long prison terms instead.