C O N F I D E N T I A L KIGALI 000167

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/13/2016
TAGS: PGOV PHUM RW
SUBJECT: GOVERNMENT OF RWANDA RELEASES PRISONERS

REF: KIGALI 110

Classified By: Charge Michael E. Thurston, reason 1.4 (B/D)


1. (U) In fulfillment of a January cabinet decision, on
February 19 the Rwandan government began the release of over
9,000 prisoners, approximately 8,000 suspected genocidaires
(those who participated in the 1994 genocide) and about 1,000
ordinary criminals already convicted and serving their
sentences (reftel). The releases began from prisons around
Rwanda, with a radio announcement by the Minister of Justice,
and press coverage in local outlets. Those released amongst
genocide suspects include the elderly, the ill, and those
whose detention periods would likely equal whatever sentence
they might receive from the traditionally-based genocide
"gacaca" courts. Ordinary criminals had to meet established
parole requirements, including a record of good behavior, and
the fulfillment of at least a quarter of their sentences.
Certain categories of ordinary prisoner are ineligible for
parole, including murderers, embezzlers, and rapists. This
release follows other prisoner releases in 2003, 2004, and

2005.


2. (SBU) Minister of Justice Tharcisse Karugarama told us
February 20 that his ministry had final say on the prison
releases, following review of the prisoner files by the
Prison Service and the Office of the Prosecutor General. "Our
action is fairly automatic," he said. "We basically verify
that the various requirements have been met and then approve
the release." The Minister said that the GOR would likely
engage in another prison release later this year, one of
similar size. "We found earlier releases were too large," he
said. "Better to split them up, it's easier
administratively." The minister predicted that the present
release would be completed by Wednesday, February 21.


3. (C) This release comes as Rwanda's prisons are rapidly
filling with those convicted in gacaca courts of genocide
crimes. At the end of the year, the International Commission
of the Red Cross (ICRC) estimated that the prison population
had been rising by a thousand prisoners a month for several
months. The ICRC has now revised those figures, and sees as
many as 2,500 new prisoners a month flowing into Rwanda's
prisons. The pressure on the prison system is acute and
growing, according to ICRC and prison service officials.


4. (SBU) Comment. Successive prisoner releases since 2003
have reduced the size of the prison population, but it is now
rising as the gacaca system continues its nationwide
adjudication in 1545 courts. This release will reduce the
pressure on the nation's prisons, but only temporarily. With
hundreds of thousands of cases left to adjudicate, intended
reforms in the gacaca system, which reduce the length of
sentences and increase community service options (reftel)
will take on added importance. A prison population composed
largely of genocide suspects will become a population of
convicted genocidaires End Comment.
THURSTON