constituteproject.org PDF generated: 18 Apr 2016, 15:15 Sub-section 2: Specialized Courts A. Gacaca Courts and the National Service for the follow-up of their activities • Reference to country's history • Crimes of the previous regime Article 152: Gacaca Courts There is hereby established Gacaca Courts responsible for prosecuting and trying persons accused of the crime of genocide perpetrated against Tutsi and other crimes against humanity which were committed between October 1st 1990 and December 31st 1994 with the exception of cases jurisdiction in respect of which is vested in other courts. • Establishment of military courts B. Military Courts Article 153 Military courts comprise of the Military Tribunal and the Military High Court. An Organic Law determines the organization, jurisdiction and functioning of Military courts. 1. Military Tribunal Article 154 Without prejudice to the provisions of Article 155 paragraph one of this Constitution, the Military Court tries in the first instance all offences committed by military personnel irrespective of their rank. 2. Military High Court Article 155 The Military High Court shall try in the first instance, all offences which constitute a threat to national security and murder committed by soldiers irrespective of rank. The Military High Court is an appellate court in respect of decisions rendered by the Military Tribunal. The Supreme Court shall hear on appeal and at the last instance decisions of the Military High Court in accordance with the provisions of the Law. C. Commercial courts Article 155bis: Commercial Courts There are hereby established the commercial courts competent to try commercial cases which are the Commercial High Court and the Commercial Courts. Rwanda 2003 (rev. 2010) Page 46

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