CAT/C/66/D/771/2016
Netherlands and argues that the reports and visits show that the Government of Rwanda is
treating the complainant properly and that his initial fear of being tortured or otherwise
treated inhumanely has in fact proved to be ill-founded. It was also found that the special
prison block where he was being held was clean and well ordered. The complainant himself
informed the International Commission of Jurists that “he was okay with the conditions” in
the detention facilities and that “all was good” concerning his visitation rights and living
conditions at the detention facilities. The State party submits that for that reason alone, the
complaint should be declared manifestly unfounded pursuant to rule 113 (b) of the
Committee’s rules of procedure.
6.5
Regarding the merits of the complaint, the State party argues that those suspected of
serious crimes should, as far as possible, be prosecuted and tried in the country where the
crimes were committed. That is where the impact on the legal order is the greatest and
where the evidence is to be found. Victims, surviving relatives, witnesses and fellow
nationals must be able to see with their own eyes that justice is done and how it is done.
Articles VI and VII of the Convention on the Prevention and Punishment of the Crime of
Genocide clearly express the importance of cases being tried in the country where the
offences were committed and of extradition being granted for that purpose. The State party
argues that, given the need to thoroughly assess an extradition request and the importance
of due care in granting extradition, various safeguards have been built into the domestic
extradition procedure. The decision of the Minister of Justice and Security to grant
extradition is subjected to an objective review by the extradition chamber of The Hague
District Court. The double review of an extradition request is an important safeguard in the
extradition procedure, which ensures that extradition requests are thoroughly and
objectively assessed. This is reinforced by the right to lodge an appeal in cassation against
the judgment of the extradition chamber. Furthermore, civil proceedings may be instituted
against the Minister’s decision to grant extradition, to assess whether the decision was
reasonable.
6.6
The State party submits that the country reports on Rwanda show that there has been
an overall improvement in the human rights situation over the past five years. 3 In addition,
it notes that according to non-governmental organizations the main human rights problems
from 2011 to 2016 concerned the harassment, arrest and mistreatment of journalists,
political opponents and human rights defenders. 4 Most of the human rights issues
concerned civil and political rights; freedom of expression in particular was restricted and
there was little scope for criticizing the Government.
6.7
The State party notes that according to country reports those found guilty of
genocide are not treated differently from other citizens. There have been cases where those
convicted of genocide were afraid to return to their village communities after being released.
They were given assistance by government officials. The Government of Rwanda ensures
that people do not take revenge, and there have not been many incidents. 5 It also notes that
according to country reports there has been an overall improvement of the situation in
Rwandan prisons. The prison system was designed for 54,700 detainees. At the end of 2012
the prison population was 55,618, but by 2015 it had fallen to around 54,000. 6 According to
the Rwandan Correctional Service, every prison has dormitories, toilets, sports facilities, a
clinic, a reception room, a kitchen, water and electricity. 7 A special regime applies to
transfer cases such as the complainant’s case. During their trial, “international” defendants
accused of genocide stay in a special, comfortable, high-security wing of Kigali Central
Prison.8 In July 2015, five prisoners were housed in this high-security wing. Among other
3
4
5
6
7
8
6
The State party refers to the Netherlands, Ministry of Foreign Affairs, “Country Report on Human
Rights and Justice in Rwanda”, 18 August 2016.
United States of America, Department of State, “Country Reports on Human Rights Practices for
2015: Rwanda”.
The State party refers to the Netherlands, Ministry of Foreign Affairs, “Country Report on Rwanda”,
28 November 2011.
United States, “Country Reports on Human Rights Practices for 2015: Rwanda”.
United States, Department of State, “Country Reports on Human Rights Practices for 2014: Rwanda”.
Ibid.