II. MethodologyThis report is based on observations of conventional trials and gacaca proceedings and on some 100 interviews with legal professionals, of both Rwandan and other nationalities. Most of the research was done between 2005 and mid-2008, although Human Rights Watch research materials from earlier years have been used to provide background to more recent developments. Among the jurists interviewed were four ministers of justice and past ministers of justice; 14 judges or former judges at all levels of the conventional sector from local courts (tribunaux de base) to the Supreme Court; 11 prosecutors and former prosecutors; the inspector of courts and her staff; court clerks; the executive secretary of the National Service of Gacaca Jurisdictions and her staff; coordinators from the gacaca service; a score of gacaca judges; and 12 Rwandan attorneys, including three presidents (batonniers) or former presidents of the Rwandan bar; 15 representatives of international and Rwandan non-governmental organizations working in the field of justice; and two prosecutors or past prosecutors and seven attorneys of the office of the prosecutor of the ICTR. In addition to jurists, we interviewed over a hundred Rwandans who were victims of abuses, including abuses of the judicial system, and others who were satisfied with the justice they received. We also interviewed persons who served as witnesses in trials and others who could have given testimony but declined to do so. The delivery of justice in Rwanda is an issue of great political importance. Some who have made criticisms of the way the judicial system operates fear reprisals should their opinions become known. They agreed to comment on the system only if assured of confidentiality. For that reason, identifying details about some interviewees are omitted from some references. |