Rwanda’s criminal justice system is undergoing significant changes as it seeks to balance the demands of prosecuting crimes with the need to reform offenders.
Recent reports from the Judiciary and Prosecution, presented during the commencement of the judicial year, highlight key trends within the judiciary, raising important questions about the effectiveness and fairness of the system.
According to the data, 61,610 individuals were prosecuted during the 2023/2024 judicial year. Of these, 29,559 (48%) were detained during their prosecution, while 32,051 (52%) faced their charges without being held in custody.
This approach reflects a concerted effort by the authorities to ensure that pre-trial detention is applied judiciously, with the majority of the accused allowed to remain free while awaiting trial.
The reports also highlighted a significant reduction in the backlog of cases within the courts. Pending cases dropped from 56,379 in the 2022/2023 judicial year to 44,799 in 2023/2024.
This decrease is a promising sign that efforts to streamline the judicial process and reduce delays are yielding results.
However, concerns remain regarding the large number of cases that do not proceed to trial. Out of 90,079 cases received by the Prosecution in 2023/2024, only 46,081 were prosecuted, with 44,061 cases being dropped due to insufficient evidence.
This means that nearly half of the cases brought forward were not pursued, raising questions about the quality of evidence collection and the standards required for prosecution.
Minister of Justice Emmanuel Ugirashebuja noted that among the cases that were prosecuted, 48% resulted in detention, while 52% proceeded without the accused being in custody. Of the 53,679 cases tried in court, 49,907 resulted in convictions, representing a 93% success rate for the Prosecution. This high conviction rate underscores the cautious approach taken by prosecutors, ensuring that cases brought to trial are supported by strong evidence.
One issue of concern is the number of individuals who remain in custody without seeking bail.
According to the Minister, this could be due to a lack of legal representation, a problem that the government is currently investigating. The absence of representation can significantly impact the fairness of the judicial process, particularly for those who may not fully understand their legal rights.
There is an increasingly vocal public demand for more reliance on bail as opposed to the popular practice of remanding individuals for 30 days. Many citizens argue that the automatic application of a 30-day remand is often excessive, particularly for minor offenses.
This sentiment aligns with the ongoing reforms aimed at reducing the number of people in pre-trial detention and promoting alternatives to incarceration.
The evolution of Rwanda’s criminal justice policy has been shaped by two main schools of thought—one advocating for a tough stance on crime, and the other supporting a more correctional approach.
Recent reforms have focused on shifting towards a system that prioritizes rehabilitation over punishment. This is evident in the introduction of plea bargaining, which allowed over 10,000 individuals to plead guilty during the investigation phase and benefit from reduced sentences.
The complexity of developing consensus on criminal justice policy in Rwanda is illustrated by feedback from citizens. The Minister recalled a visit to a community outside Kigali where a resident challenged the perceived leniency in handling what some might consider minor crimes.
The resident cited “kwiba igitoki” (stealing a banana plantain) as an example, arguing that for him, it was a serious offense as it paid for his son’s school fees.
The man expressed frustration, stating that when someone is taken to RIB (Rwanda Investigation Bureau), they are often released before reaching home. He suggested that the community might take matters into their own hands, “punishing criminals” themselves if the justice system fails to do so. Another person mentioned that “when cases are reported, RIB just imprisons them.”
Such feedback underscores the challenges of crafting and implementing a criminal justice policy that is both fair and effective. The Minister emphasized that criminal justice policy is a journey, not a destination, and that feedback from all citizens is crucial to its success.
The goal is to strike the right balance—ensuring that the policy is neither too lenient nor too harsh, but rather one that reflects the values and needs of the entire society.
Looking forward, the Rwandan government is exploring additional alternatives to incarceration, including community service punishments and the use of electronic bracelets for monitoring.
These measures are expected to further reduce the number of individuals entering correctional facilities, aligning with the broader goal of reforming rather than simply punishing offenders.
As Rwanda’s criminal justice system continues to evolve, the focus remains on creating a balanced approach that not only upholds the law but also fosters the rehabilitation of those who have strayed from it.
The ongoing reforms and new policies reflect a commitment to a more equitable and effective system that serves the needs of both society and individuals.
The justice sector welcomes specific feedback, recognizing that all citizens have a role to play in shaping a fair and just society.
