Steps Taken in Rwanda's Efforts to Qualify for the Transfer of Accused from the ICTR

In order to implement its Completion Strategy, the International Criminal Tribunal for Rwanda (ICTR) has adopted various measures, one of which is to transfer some of its cases to national jurisdictions where it is satisfied, inter alia, that the accused, if convicted, will not be sentenced to death. Rwanda abolished the death penalty in 2007 and introduced the sentence of life imprisonment with special provisions for the convictions for genocide and crimes against humanity. Life imprisonment with special provisions meant, amongst other things, that the offender will be imprisoned in isolation for at least 20 years. The ICTR has in several cases declined to allow the transfer of cases to Rwanda on the ground that if convicted, the offenders could be sentenced to solitary confinement for 20 years in violation of their right not to be subjected to cruel, inhuman and degrading treatment or punishment. In response, Rwanda in December 2008 abolished life imprisonment with special provisions with respect to cases transferred from the ICTR or other states. The sentencing provision remains in force, however, for offenders not transferred from the ICTR or other states. This article analyses the process leading to the abolition of life imprisonment with special provisions with respect to cases transferred from ICTR and other states. The author commends Rwanda on the step but adds a cautionary note: by sentencing offenders to imprisonment for the remainder of their natural lives, Rwanda is in violation of its constitutional and international human rights obligations not to impose inhuman and degrading punishments upon prisoners

Crimes against humanity · Criminology · Genocide · Imprisonment · International law · Life imprisonment · Political science · Prison · Punishment (psychology · Sentence · Sociology · Tribunal · War crime · Computer Science · Global Peace and Security Dynamics · International Law and Human Rights · Middle East and Rwanda Conflicts · Psychology · Law