Sentences applicable in the GACACA Courts

The establishment of the "Gacaca Courts" does not only aim at the punishment of infringements but it does also aim at the re-establishment of concord and at making the simple citizens who have been manipulated and have perpetrated the crimes to take a good start again.

In fact, the context in which the crimes to be judged have been perpetrated shows that the persons classified in the first category are different from those classified in categories 2,3 and 4. Whereas in the first category are found the then political leaders who occupied positions that commanded them to prevent and punish crimes, in the other categories, in general, are found only simple citizens who have acted under the injunction and incitement of representatives of public services.

That is why, even with the August 30th, 1996 Organic Law, the death penalty has been provided for suspects classified in the first category and penalties slightly less severe than those prescribed by the penal code for the same infringements, for suspects classified in the other categories.

In addition, the Organic Law on the "Gacaca Courts" provides within the same category, for a range of penalties that vary when the suspect has confessed, has confessed and pleaded guilty, spontaneously or after denunciation by the Cell's Gacaca court of the territorial entity where he lives.

Such an option conceived of in order to punish every offender, will also allow the latter to be able to position himself, quickly or after some time depending upon the period of manifestation of his improvement, in the society and to reintegrate into it.

In order to speed up again this trend, the law prescribes, for the suspects who will have confessed and will have been sentenced to imprisonment, a commutation of half of the sentence into works of public interest. This means that the prisoner will be freed after having served half of his sentence. But during the remaining period, he will be asked to do periodically works of public interest.

For minors who have been found guilty of genocide and have perpetrated the criminal acts when aged between 14 years and less than 18 years, the sentences will be pronounced in the following manner :

1st category : 10 years to 20 years

2nd and 3rd category : the sentence will be reduced by imprisonment equal to half the sentence prescribed by the law on the Gacaca Courts for major proofs of the same category.

Minors who at the time of the crimes of which they are convicted were aged less than 14 years can not be prosecuted against but they can be placed in rehabilitation centres.

The minor who is convicted of more than one crime and is classified in the same category is punished with the heaviest sentence reserved to that category.

In the case of conviction to a prison sentence with commutation of half the sentence to general interest works, the prisoner can make the choice either to do the said works or to serve all his prison sentence.
The prisoner who decides to serve in prison all the sentence pronounced informs the management organ of the general interest works within the 3 months that precede the date of his liberation. Anyway, he is allowed to ask for, every time he wishes so, near the same organ, the execution of works of general interest for the remaining period.

In the case of failing of the prisoner who has been released in order to do general interest works, the said prisoner is arrested in order to make him serve the whole prison sentence pronounced. A presidential decree determines the execution modalities of the general interest works.

The following table shows the sentences prescribed by the Organic Law on the Gacaca Courts :

CATEGORY CONFESSION AND GUILTY RECOGNITION SENTENCE
HAS NOT CONFESSED OR HIS/HER CONFESSION HAS BEEN REJECTED DEATH SENTENCE OR LIFE IMPRISONMENT
CONFESSION BEFORE THE PUBLICATION OF HIS/HER NAME ON THE LIST OF FIRST CATEGORY 25 YEARS IMPRISONMENT OR LIFE IMPRISONMENT
HAS NOT CONFESSED OR HIS/HER CONFESSION HAS BEEN REJECTED 25 YEARS IMPRISONMENT OR LIFE IMPRISONMENT
CONFESSION AFTER ACCUSATION AND NAME PUT ON THE LIST MADE BY THE CELL'S GACACA COURT 12 TO 15 YEARS IMPRISONMENTHALF OF IT IS SPENT IN PRISON, THE OTHER IS COMMUTED TO WORKS OF PUBLIC INTEREST
CONFESSION BEFORE ACCUSATION AND NAME PUT ON THE LIST MADE BY THE CELL'S GACACA COURT 7 TO 12 YEARS IMPRISONMENT-HALF OF IT IS SPENT IN PRISONTHE OTHER IS COMMUTED TO WORKS OF PUBLIC INTEREST
HAS NOT CONFESSED OR HIS/HER CONFESSION HAS BEEN REJECTED 5 TO 7 YEARS IMPRISONMENTHALF OF THE SENTENCE IS SERVED IN PRISONTHE OTHER IS COMMUTED TO WORKS OF PUBLIC INTEREST
CONFESSION BEFORE NAME BEING PUT ON THE LIST MADE BY THE CELL'S GACACA COURT 1 TO 3 YEARS IMPRISONMENTHALF OF THE SENTENCE IS SERVED IN PRISON AND THE REST IS COMMUTED TO WORKS OF PUBLIC INTEREST
  RETURN THE STOLEN THINGS OR PAY THE EQUIVALENT.