Kibuye — Questions about 'Gacaca,' a justice system introduced by Rwanda to try thousands of genocide suspects, dominated discussions after the screening of 'Rwanda and Justice II' before 3000 prisoners at Kibuye prison, western Rwanda, last week.

The film is the second in a series of newsreels produced by Internews Network on the International Criminal Tribunal for Rwanda (ICTR) and the justice process in Rwanda.

The newsreel features interviews with the ICTR Prosecutor Carla Del Ponte, the heads of ICTR witness protection units for the prosecution and defense, Saleem Vahidy and Roland Amassouga.

Regarding the justice process in Rwanda, the film has footage from the trial for Immanuel Habimana, alias 'Cyasa,' and 32 others, the largest joint genocide trial in Rwanda to date. The newsreel also features preliminary 'Gacaca' trials where prisoners without case files were brought before their local populations. Under Gacaca, village courts presided by judges elected by the people will try thousands of genocide suspects.

Gacaca is based on a traditional justice system where people gather at the invitation of village elders to resolve disputes within the community. Those indicted by members of the community were taken back to prison while those perceived to have not taken part in the violence were set free.

Also included in 'Rwanda and Justice II' are views from members of the local population and prison communities on Gacaca trials, which are scheduled to begin next year.

The visit to Kibuye prison was the second by Internews. In May 2001, Internews showed a Kinyarwanda language documentary film 'The Arusha Tapes' to the prisoners in Kibuye. The documentary outlines the history of genocide and the genocide convention as well as how the United Nations set up the ICTR to prosecute genocide perpetrators and other human rights violations in Rwanda in 1994.

'The Arusha Tapes' shows the first six trials completed before the ICTR. It also outlines the difficulties in the Rwanda justice system and how the country is dealing with it through the introduction of Gacaca.

The prisoners cheered and clapped their hands when they saw some of their compatriots released during a preliminary Gacaca process. "This is how Gacaca will be," they said excitedly.

However, the excitement was short-lived because they also saw others indicted by members of the community and returned to prison.

"When Gacaca starts, how will the judges know who is telling the truth and who is not? I think Gacaca is really important and most of us are really looking forward to it, but I want to know what the government is doing to ensure that people actually tell the truth," Jean Pierre Mugabo responded.

In response, deputy prosecutor Anastance Niyonteza explained to the prisoners that the government has already enacted laws to discourage false testimony.

Article 32 of the Gacaca law prescribes a sentence of between one and three years for anyone found giving false testimony either for or against an accused.

The prisoners seemed perturbed by the sentence handed down to Cyasa, a self-confessed militia leader who was a corporal in the former Rwandan Army (FAR). Cyasa is a prisoner in Kibungo Province.

The so-called "Cyasa Trial" began with six suspects being jointly tried but was expanded to include 26 others whom he named as his accomplices during the 1994 massacres. Cyasa claimed that he personally did not kill anyone but admitted ordering others to kill. Although he confessed, Cyasa received the death penalty, the maximum sentence under Rwandan law. His co-accused received sentences varying from 10 years in prison to death while a number were released.

The trial generated confusion because the Gacaca process is available only to prisoners who have pleaded guilty or who have no case files "I think this Cyasa case will make those who were thinking of confessing think again, I do not understand why the government gave him a death sentence yet we are told that if you confess you get a reduction of sentence," a prisoner said.

Emmanuel Tuyisenge, a judge in Kibuye, explained that according to Article 9 of the Rwandan law (not Gacaca law), those who planned the genocide, and whose names appear on Rwanda's category I list of genocide suspects, couldn't have their sentences reduced, even if they confess.

He underlined that sentence reduction only applies to those who are not in the Category I list and have voluntarily confessed.

Internews also showed the film at the Kibuye stadium, where an estimated 12,000 people died during the genocide.