Rwanda: Torture and ill-treatment in detention

• For decades, Rwandan authorities subjected detainees in official and unofficial detention centers to ill-treatment and torture without accountability.
• A landmark trial against prison officials for murder, torture and assault, which concluded in April, demonstrated that it is possible to begin to break the entrenched practice of torture.
• The government should conduct a thorough investigation into torture in Rwandan prisons, with the help of the African Commission on Human and People’s Rights and United Nations experts.

(Nairobi) – For decades, Rwandan authorities subjected detainees in official and unofficial detention centers to mistreatment and torture without accountability, Human Rights Watch said in a report released today. Nevertheless, a historic trial of 6 prison officials and 12 inmates for murder, torture and assault at Rubavu prison, concluded in April 2024, demonstrated that it is possible to begin to break the entrenched practice of torture in Rwanda .

The 22-page report, “’They Threw Me in the Water and Beat Me’: The Need for Accountability for Torture in Rwanda,” documents torture and mistreatment by prison officials and inmates of Nyarugenge prison in the capital, Kigali; at Rubavu prison, in western Rwanda; and in an unofficial detention center in Kigali known as “Kwa Gacinya”. Human Rights Watch found that judges ignored complaints from current and former detainees about illegal detention and mistreatment, creating an environment of near-total impunity.

“Our research demonstrates that prison officials were allowed to torture detainees with impunity for years, highlighting the failures of Rwandan institutions responsible for protecting detainees’ rights,” said Clémentine de Montjoye, senior Africa researcher. to Human Rights Watch. “The historic trial of prison officials is an important first step toward accountability, but a more comprehensive response is needed to combat the deeply rooted practice of torture in Rwanda. »

Between 2019 and 2024, Human Rights Watch interviewed more than 28 people, including 13 former detainees who had been held in unofficial detention sites and in Rubavu and Nyarugenge prisons between 2017 and 2024. Human Rights Watch reviewed interviews YouTube of former prisoners who described being tortured. in detention and court documents relating to the trials of 53 people. Among them, some testified at the trial of the former director of Nyarugenge and Rubavu prisons, Innocent Kayumba, and 17 others accused of torture, beatings, murder and other crimes.

Former detainees spoke to Human Rights Watch about the ordeals faced by detainees at the so-called “Yordani” sites that existed in both prisons, where detainees were forced to dive into a tank filled with dirty water, submerged, and beaten. . Some said detainees were then forced to run barefoot around the yard until they collapsed.

Kayumba served as director of Rubavu prison until 2019 when he was transferred to Nyarugenge, the same year as the murder of an inmate for which he would eventually be tried. In Nyarugenge, he set up the same system to inflict torture, according to former detainees. Human Rights Watch obtained the names of 11 prisoners who former detainees say died in custody following beatings. Several of these cases were mentioned during Kayumba’s trial.

Human Rights Watch found a pattern of mistreatment, mock executions, beatings, and torture in Kwa Gacinya dating back to at least 2011. In Kwa Gacinya, former detainees said they were detained in “coffin-like” cells and were regularly beaten. and forced to confess to the crimes with which they were accused, before being transferred to an official detention center. Human Rights Watch received reports that Kwa Gacinya is now being used as a police office, although two security sources said abuse continues in its basement.

On April 5, the Rubavu High Court found Kayumba guilty of the assault and murder of an inmate at Rubavu Prison in 2019 and sentenced him to 15 years in prison and a fine of 5 million francs Rwandan (approximately 3,700 US dollars). Two other Rwanda Correctional Service officers and seven prisoners, accused of acting on instructions, were found guilty of beating and killing prisoners. Three other corrections officers were acquitted.

The trial provided only partial justice, Human Rights Watch said. The officials were convicted of assault and murder, but acquitted of torture, which carries a harsher sentence. Several senior prison officials have been acquitted despite the seemingly damning evidence presented against them by former inmates. Prisoners who were ordered to beat their fellow inmates received longer sentences, up to 25 years.

The Rwandan National Commission for Human Rights (NCHR) is not independent and has been unable or unwilling to report on cases of torture. In May, Human Rights Watch submitted a third-party report to the Global Alliance of National Human Rights Institutions, which monitors national human rights institutions’ compliance with the Principles Relating to the Status of National Institutions (Principles of Paris), before its publication in October. review of the work of the NCHR.

Rwandan authorities regularly restrict the work of institutions responsible for monitoring detention conditions and preventing torture. Internationally, the Rwandan government blocked the United Nations and other institutions from carrying out essential monitoring work independently.

In May, Human Rights Watch offered to meet with Rwanda’s justice minister and the president of the NCHR to share preliminary results of this research, but its lead researcher was refused entry upon arrival at the international airport. from Kigali. On September 10, Human Rights Watch sent letters to the Minister of Justice and the NCHR sharing its findings, but received no response.

Rwanda should abide by its own constitution and fulfill its obligations under international human rights law, particularly the absolute prohibition of torture and cruel, inhuman, and degrading treatment, Human Rights Watch said. Rwanda’s partners, particularly those supporting Rwanda’s justice sector, such as the European Union, should pressure the Rwandan government to redouble its efforts to hold all those responsible for torture accountable.

The government should conduct a thorough investigation into torture in Rwandan prisons. To give credibility to the investigation, the government should seek assistance from the African Commission on Human and Peoples’ Rights and UN experts and publicly report its findings. Finally, Rwanda should cooperate with the United Nations Committee against Torture and submit its State Party report, due since December 2021, and allow the Subcommittee on the Prevention of Torture and Other Cruel, Inhumane or Other Treatment or Punishment degrading to resume his visits to detention centers without hindrance.

“Kayumba’s case reveals not only serious and serious problems in Rwanda’s correctional services, but also critical failures of the justice system and the national human rights institution,” de Montjoye said. “These institutions should thoroughly investigate the mistreatment and torture in Rwanda and carry out the necessary systemic reforms. »