CAT/C/RWA/CO/2
fulfils its mandate as the national preventive mechanism, with a dedicated structure
and adequate resources for that purpose. It should also guarantee that the mechanism
is granted unrestricted access to all places of detention, including military facilities,
and is able to carry out unannounced visits, in accordance with the provisions of the
Optional Protocol to the Convention and the guidelines on national preventive
mechanisms issued by the Subcommittee on Prevention of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT/OP/12/5).
Lack of cooperation with international mechanisms
36.
While taking note of the delegation’s commitment towards dialogue and cooperation
with international mechanisms, the Committee notes with concern that the Subcommittee
on Prevention of Torture recently suspended a visit to the State party due to obstructions
hindering access to some places of detention and fear of reprisals against people the
Subcommittee interviewed. It also notes with concern the State party’s withdrawal of the
declaration under article 34 (6) of the Protocol to the African Charter on Human and
Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
recognizing the competence of the African Court to receive cases from individuals and nongovernmental organizations because, according to the delegation, “genocide perpetrators
who had escaped justice could file cases against Rwanda” (art. 2).
37.
The Committee calls on the State party to maintain cooperation with
international and regional mechanisms, with a view to providing supplementary
protection for the victims of violations of the Convention. In particular, the
Committee recommends that the State party:
(a)
Provide the Subcommittee on Prevention of Torture with unrestricted
access to all places of detention during its future visits, including to military facilities,
in full respect of the principles of confidentiality and freedom from reprisals and,
thereby, assist and facilitate the resumption of the suspended visit;
(b)
Consider making the declaration recognizing the competence of the
African Court on Human and Peoples’ Rights to receive cases from individuals and
non-governmental organizations once again, so that all individuals under its
jurisdiction, without distinction, may benefit from effective remedies to vindicate their
rights.
Alleged extrajudicial executions and enforced disappearances of petty offenders
38.
The Committee is alarmed by reports from reliable sources indicating that the
Rwandan security forces and the police summarily executed at least 37 suspected petty
offenders between July 2016 and March 2017 in north-western Rwanda and encouraged
local residents to execute others on at least two occasions. At least four enforced
disappearances of petty offenders were also documented. While noting the report on
investigations carried out by the National Commission for Human Rights in Rustiro and
Rubavu districts in response to a report published by Human Rights Watch in July 2017, in
which the Commission indicated that some of the deaths were due to accidents, natural
causes and resistance to arrest, the Committee is seriously concerned at the State party’s
failure to respond as to whether investigations were conducted into these deaths (arts. 2, 12,
13 and 16).
39.
The Committee urges the State party to:
(a)
Ensure that all allegations of extrajudicial, arbitrary or summary
executions and enforced disappearances are investigated with impartiality by an
independent authority and that those responsible are punished if found guilty,
including potential officers or civilian authorities who may bear command
responsibility;
(b)
Guarantee that any investigation into allegations of extrajudicial,
arbitrary or summary executions entails an independent forensic examination,
including, if necessary, an autopsy, in line with the Minnesota Protocol on the
Investigation of Potentially Unlawful Death (2016);
9