CAT/C/RWA/CO/1
disappearances are prosecuted, and if found guilty, punished by appropriate
penalties. The State party should also ensure that any individual who has suffered
harm as a direct consequence of enforced disappearance has access to all available
information which might be useful to determining the whereabouts of the disappeared
person, as well as to fair and adequate compensation. The State party should reinforce
its efforts to clarify all outstanding cases referred to it by the Working Group on
Enforced and Involuntary Disappearances. Furthermore, the State party is urged to
ratify the International Convention for the Protection of All Persons from Enforced
Disappearance.
Gacaca courts - traditional justice
15.
The Committee appreciates the explanations provided by the State party on the
system of Gacaca courts, which were established to speed up prosecutions in connexion
with the 1994 genocide, and their imminent closure on the accomplishment of their
mandate. The Committee is nevertheless concerned about criticisms raised in relation to the
lack of guarantees of fundamental safeguards before the Gacaca courts (arts. 2, 10-13, 15
and 16).
The State party should ensure that the Gacaca courts system is compatible with the
international human rights obligations of the State party, in particular obligations
under the Convention relating to basic legal safeguards for a fair trial, and ensure
that the remaining cases before the Gacaca are conducted in conformity with these
standards. It should also ensure that decisions taken can be appealed before the
ordinary courts.
Violence against women and children, domestic violence, including sexual violence
16.
The Committee notes the measures taken by the State party to combat domestic
violence, in particular violence against women and girls. The Committee also notes that the
number of cases of rape decreased between 2006 and 2009. However, the Committee
remains concerned about the persistence of this phenomenon, as indicated in the State
party’s report, and notes that there were 1,570 cases of rape of children recorded by the
State party in 2009. The Committee also regrets the absence of comprehensive and recent
statistical data on domestic violence, as well as on investigations, prosecutions, convictions
and penalties applied against perpetrators. The Committee further expresses concern about
the absence of comprehensive legislation against corporal punishment of children (arts. 2,
12-14).
The State party should reinforce measures to eliminate domestic violence, in
particular violence against women and girls, including by adopting a comprehensive
strategy. It should facilitate the lodging of complaints by women against perpetrators,
and ensure prompt, impartial and effective investigations of all allegations of sexual
violence as well as prosecute suspects and punish perpetrators. The State party should
continue to provide women victims with assistance, including shelters, medical aid and
rehabilitation measures. Furthermore, the State party should explicitly prohibit
corporal punishment of children in all settings.
The State party should provide the Committee with information on the investigations
of cases of domestic violence, in particular violence against women and girls, including
rape and other crimes, including sexual violence, and on the outcome of trials,
including information on the penalties to perpetrators, and redress and compensation
offered to the victims.
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