RWANDA PRISON CONDITIONS: WORSENING STEADILY AS

C O N F I D E N T I A L KIGALI 000599

SIPDIS

SIPDIS

E.O. 12958: DECL: 06/27/2017
TAGS: PGOV PHUM RW
SUBJECT: RWANDA PRISON CONDITIONS: WORSENING STEADILY AS
GACACA CONVICTIONS INCREASE

REF: KIGALI 496

Classified By: Ambassador Michael R. Arietti, reason 1.4 (B/D)


1. (C) Polchief and visiting PRM officer called upon
International Committee for the Red Cross (ICRC) Chief Pierre
Wettach on June 26 to discuss prison conditions in Rwanda.
Wettach described a worsening situation in the nation's 16
prisons, due exclusively to the ever-increasing number of
genocide convictions issued by Rwanda's gacaca courts. The
prisons, with an official capacity of approximately 41,000
prisoners, as of May 31 had 98,000 persons in custody, 80,000
genocide suspects and those convicted of genocide crimes, and
18,000 "regular" prisoners. The prison population had
climbed by six thousand since April 30, he indicated, an
increase from the previous rate of four thousand new
prisoners a month.


2. (C) Wettach said that the size of prison population was
such that "they are reaching the limits of what they can
manage." While in the 1990s, the incarcerated population had
approached 130,000, many had been housed in cachots (local
police lockups),and the prison system had 18 prisons (two
temporary prisons were subsequently closed). "This is the
most they have ever had in these 16 prisons," he said.
Hygiene and sanitation, potable water, adequate food
supplies, all were suffering from the increasing
overcrowding.


3. (C) Wettach said his office had now written to the
government for the third time, formally appealing to it to
reduce the prison population. "There is no place to put
people," he said. "They are sleeping in the courtyards, in
the hallways, in the toilets, in the open air." Further, he
said, prison populations are now "sleeping in shifts." While
the ICRC continued to assist with hygiene, insecticides,
water, and essential maintenance items for a number of
prisons, "there comes a point when you cannot help more."
For example, he said, even if the GOR brings sufficient food
supplies to a prison, "if you lack the space to store it,
prepare it, serve it," then you face an unmanageable
situation. In four or five prisons, he said, the death rate
was above acceptable levels ("acceptable for an African
prison," added a staff member),and fears of cholera and
typhoid outbreaks were growing.


4. (C) The ICRC chief lamented the fact that, immediately
before the expansion of the gacaca system from a pilot
program to nation-wide adjudication last July, "the Rwandans
were doing quite well with their prisons." Enlightened
prison management had undertaken a number of important
reforms, he said, and the ICRC was very favorably impressed.
"Now," he said, the nation's prisons faced "a wall" of new
prisoners from the gacaca system. "Where will they put them?"


5. (C) The gacaca system has been operating under new
sentencing guidelines since March 1 (reftel) which increased
the use of suspended sentence and TIG (community service).
Wettach said the cabinet had just approved a reversal of the
normal sentencing practice, where time in prison is followed
by TIG or suspended prison time. He understood that new
prisoners would serve their suspended sentences and TIG
sentences first, and then return to prison to serve out their
terms. This would alleviate some of the pressure on the
prisons, he noted, "if it is done quickly."


6. (C) Wettach also briefly described the state of the
military prison system, which he said was in much better
shape. Military intelligence (DMI) maintained two detention
facilities, Camp Kami and another facility in Gisenyi, for
questioning of arrested suspects. Each was properly used as
temporary quarters for accused prisoners, he said, and
authorities transferred suspects within a reasonable amount
of time to the military's two regular facilities, Mulindi and
Kanombe. Mulindi was the main facility, and was properly
run. The ICRC had not had access to Kanombe since the
beginning of the year (and the arrival of a new facility
commander),but had received no reports of abuses there.
"They have really gotten much better," he said. For example,
he said, several years ago there were reports of beatings and
other abuses at the DMI facilities, but "that is in the past."


7. (C) Comment. As the prison population mounts, the GOR
is under increasing pressure to use creative sentencing for
gacaca convicts. We have reported earlier on draft plans to
increase the use of suspended sentences and TIG above and

beyond the March 1 sentencing reforms (reftel). Reversing
the normal order of serving one's sentence is another
potential although partial solution. Just over half the
818,000 registered genocide cases have been heard -- while
some of the remaining cases involve property crimes that
require no custodial sentences, there are still several
hundred thousand cases to be heard, for those accused of
murder and other violent crimes. They all will be judged;
many will be found guilty; compromises must be found in
administering punishment. End comment.



ARIETTI