Rights body, lawmakers express concern over laxity in execution of court orders

Ineffective execution of court judgments is one of the key factors hampering justice in the country, according to officials from the National Commission for Human Rights (NCHR). In the same context, lawmakers have expressed concerns that laxity in the execution of court rulings could undermine unity and reconciliation efforts. This was during a dicussion between members of the Parliamentary Standing Committee on Unity, Human Rights and fight against Genocide, and officials from the rights body in relation to the commission’s report for the year 2015/2016, yesterday. Madeleine Nirere, the chairperson of the commission, outlined 14 complaints, which were identified in the 2014/2015 report, but were not addressed and they appeared again in last year’s report. She said that the public‘s complaints lodged to the commission, the majority (60 per cent) are related to property disputes. Some of these cases were tried and judgment passed but due to some circumstances, verdicts are yet to be effectively executed, hence not helping in solving the conflicts. “There is a big problem when it comes to executing court rulings. Some of the court orders have been pending execution for about 10 years. They undermine reconciliation efforts and that is why we ask the Government to come up with new measures to execute court rulings,” Nirere told lawmakers. Most of these cases are related to immovable property, such as land and houses. Of the 14 cases pending execution since 2014, Kamonyi District has the majority (four), Burera District has three cases, Rusizi has two, while Kicukiro, Nyamagabe, Muhanga and Kayonza districts have one case each. Some people were found guilty of destroying other people’s property during the 1994 Genocide against the Tutsi. Others grabbed peoples property during the Genocide and have not returned it to the legitimate owners. “It is absurd that we still have such cases and, therefore, there should be quick response to address such issues to end such injustices,” Nirere added. Espérance Mwiza, the Deputy Chairperson of the parliamentary standing committee, said that, there could be “loopholes” within jurisdiction or grassroots leadership that lead to laxity in execution of court orders. “We need to address this right from the penal code, which is under revision, as well as follow up with district officials to make sure that such problems are solved once and for all,” Mwiza said. François Byabarumwanzi, the committee chairperson, said Parliament will propose to the executive to come up with new directives to execute court orders. “We just need to find a lasting solution to such issues. For instance, if the offender was asked to pay back someone’s property and they do not have enough resources to pay back, that person should serve a particular term of community service (TIG) and the money generated from these works would be paid to the victim,” he said. “This is something we will need to keenly examine and come up with a position to end such injustices. We need to know if the cause is within the penal code or leaders being inconsiderate. We will summon the mayors of the identified districts to explain to us what is the reason behind such delays.” editorial@newtimes.co.rw

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Rights body, lawmakers express concern over laxity in execution of court orders