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The Organic Law No 04/2012/OL abolishing Gacaca courts is no longer in force and cannot be challenged for constitutionality. The challenge to Article 197(4) of Law No 027/2019 is admissible because the legal grounds and factual context differ from those in the Kamanzi Anaclet case, so res judicata does not apply.
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The Court of Appeal overturned an acquittal, rejected the alibi, and convicted Twagirayezu of genocide and extermination as a crime against humanity.
Paragraph 4 of Article 197 of Law no 027/2019 is not inconsistent with Articles 15, 16, and 29 of the Constitution. The limitation of grounds for review for Gacaca court convicts is justified by the special nature of Gacaca courts, the crimes they tried, and the legitimate purpose of national reconciliation and justice. The differentiation does not amount to discrimination, and all rights to fair justice were respected.
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The Supreme Court held that the differentiation in grounds for review between persons convicted by Gacaca courts and those convicted by ordinary courts is based on objective and reasonable criteria, justified by the special context, objectives, and procedures of Gacaca courts. This does not amount to prohibited discrimination or denial of fair justice under Articles 15, 16, or 29 of the Constitution.
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