For almost a year, survivors have been protesting against the presence of genocidaires in the gacaca courts. The brief experience with these people's courts has proved them right: some judges are admitting their crimes and throwing in the towel. « As long as persons who were really involved in the genocide or suspected of having taken part in it continue to sit in the gacaca courts, the latter will have difficulty achieving its objectives. » Ibuka, the main association for Rwandan genocide survivors, expressed its concern over this issue in a communiqué published on1 November, the day after the second national summit on Unity and Reconciliation. « If the wheat is not separated from the chaff, we will be building in sand (...) our efforts for reconciliation will be in vain, » warned one Ibuka official. On 24 November, during a debate broadcast live on national radio, several survivors reiterated the charge. « Can a torturer deliver justice to his victim? » asked one old lady this Sunday. The question had already been raised, in different terms, at the time of the actual election of persons of integrity - « wise men » - who were called to sit in the gacaca courts.

Torturers-cum-judges
The day after the election, Ibuka president Antoine Mugesera personally denounced the intrusion of genocidaires into the circle of the elected. The leader, affectionately known by survivors as « the old man, » deplored the fact that « some genocidaires have managed to worm their way into the gacaca courts. » In support of its accusation, Ibuka produced a detailed report the day after the election implicating some sixty elected judges. When the Ministry of Justice got hold of the list of torturers-cum-judges, it ordered prosecutors to carry out an in-depth investigation into the cases. « The prosecution has thrown itself into the task and in some cases arrests have been made, » said one official at the ministry, without going into detail. In the weeks that followed, the subject seemed to have been relegated to the back burner, as some people began to doubt whether the gacaca courts would even become a reality. However, the debate was launched again in April-May when Rwandans witnessed the first steps of this participatory justice system that the government had hailed for so long.

Descent into Hell
On 19 June, the date of the first hearings at the gacaca courts, some judges were publicly accused. In Nyange, Kibuye province, Martin Hitimana was accused of keeping a young girl locked away and repeatedly raping her during the genocide. Without any warning, the prosecution launched an investigation, which resulted in the arrest of the denounced man. Those who thought they would judge others, ended up being judged themselves. Today a person of integrity on the waiting list has replaced the man. The case of Karangwa in Byumba province, is better known. His descent into hell began on 24 August. While president of the gacaca courts for the Muhororo neighbourhood, he was accused by an old man named Rudoli, from the Rukondo neighbourhood, of stealing four of his sheep and a cow during the genocide. The case was public knowledge in the locality. Rudoli was prepared to settle the matter amicably after the genocide but Karangwa, either through lack of money or unwillingness, only gave him back one cow. Rudoli bravely left his neighbourhood to go and ask if he could receive compensation for the others.

Throw in the Towel
President Karangwa slowly began to topple from his pedestal. On 19 September a new finger was pointed at him. « From the place where I was hiding, » describes Mugabushaka, « I saw Karangwa leading a major attack, with people going down towards Nyamulinda's house. They stole everything, including the cows (...) Karangwa asked to be shown the place where I was hiding. When he got there, thankfully I had already left. » Taking his courage in both hands, president Karangwa retorted that it was too early to draw up a list of the alleged perpetrators. « All the accusations will be heard at the appropriate time, » he replied. Not so. From then on, the weekly sessions were filled with testimonies against Karangwa. At the sixth meeting, which was devoted to setting up a list of the alleged perpetrators, he was forced to throw in the towel. According to the law, any gacaca judge found to be included on this list must resign, or else he will be expelled by his peers.

72 Resignations
« So far, a total of 72 judges have resigned following accusations of genocide, » said Anastase Balinda, an advisor to Ms. Cyanzayire, national president of the gacaca courts. However, the number of arrests is unknown. « The judges who have been accused have all resigned, without being forced to do so by their colleagues, » continues Balinda. « In some cases, judges who were really involved in the genocide have had the courage to confess and resign without waiting to be denounced in the gacaca. » The law on the gacaca courts provides for reduced sentences in the case of confessions, and the sentences can be further reduced if the guilty party confesses before being brought to the court. But how did such people manage to be designated « persons of integrity » in the first place? There are several possible explanations, says one Rwandan analyst who has been following the genocide trials closely. « At the time of the elections, some people were frightened or simply refused to denounce their genocidaire neighbours. On the other hand, others thought that perhaps once they were elected judges, they would avoid all legal charges. Still others believed that the witnesses to their crimes were all dead or that, out of ethnic solidarity, no one would denounce them. But when they saw that repentant prisoners were willing to tell everything, they realised that it was in their interest to confess. It was about time. » Ibuka was not lying.