NEW JUSTICE MINISTER ON PLANS FOR REFORM

UNCLAS KIGALI 000847

SIPDIS

SIPDIS


E.O. 12958: N/A
TAGS: PGOV PHUM PREL RW
SUBJECT: NEW JUSTICE MINISTER ON PLANS FOR REFORM

REF: KIGALI 842

Summary
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1. New Minister of Justice Tharcisse Karugarama outlined his
plans for a reformed Justice Ministry in a meeting with the
Ambassador on August 28. A revamped administrative
structure, strenuous efforts to reduce lagging caseloads, and
a pledge to ensure "even-handed investigations" formed the
core of his commitment to revitalize the ministry, said the
Minister. He agreed that press freedom was essential to
Rwandan society, and pledged his personal efforts to erect a
proper regard for a freely-functioning media within the GOR.
End Summary.


2. Karugarama, previously the senior judge on the High
Court, became Justice Minister August 8. He began the
meeting by expressing his keen recognition of the great task
just handed to him. As the senior judge, he said, he had
chosen cases in which he could influence case law, and he had
encouraged his fellow justices to be assertive and challenge
the power of the government. In naming four rulings which
limited executive authority, he said, "I wanted to show that
the government could lose." Now, he said, he headed that
government's legal arm, and had to represent it in many
different fora. The change in perspective and tasks was
quite overwhelming, he said.


3. Karugarama said that one of his primary tasks was to
reduce the justice system's caseload. He had several means
to do so, and had great hopes of eventual success. First, the
recent election of the "abunzi" mediators (who operate at
cell and sector levels) put in place a modernized system of
customary mediation for small civil disputes. Many cases,
particularly run-of-the-mill land cases, would now be heard
by the "abunzi." Secondly, he hoped to put in place a
mandatory requirement that all cases by "treated" within six
months (put on a docket and opened for deliberations). Many
cases languished without any formal proceedings ever
beginning, he said, and he believed that cases formally
opened would necessarily move forward to completion. Third,
he hoped to reduce the number of judges sitting on most cases
from three to one (thereby tripling the number of cases
heard) and to increase the administrative staff to match this
tripling of judicial effort. Fourth, he hoped to begin a
thorough revision of court administration (and he hoped for
donor funding to do so).


4. Beyond administrative reforms, Karugarama said he
intended to put in place a system of investigations that
would be accepted by the entire spectrum of Rwandan society.
Every investigation, he said, must be "even-handed." The
Ambassador took the opportunity to discuss the recent series
of claims of press harassment (reftel),and asked the
minister to reconsider the utility of criminal libel
statutes. For the international community, said the
Ambassador, these statutes were considered a tool for press
harassment. Ambassador also questioned the wisdom of
allowing police officials to begin press investigations on
their own initiative. The risk of arbitrary decisions was
too high.



5. Karugarama closed by asking for assistance with
translation of draft legal texts ("I have done last-minute
translations myself," he said, recounting one late night
exercise in correcting his subordinates' poor work).
Ambassador presented Karugarama with the text of a model
trafficking in persons statute used elsewhere in Africa, and
urged its consideration by the minister. Both agreed to stay
in close contact on justice system issues.
ARIETTI