Alternative Dispute Resolution Decongesting Correctional Facilities

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Alternative Dispute Resolution Decongesting Correctional Facilities
Alternative Dispute Resolution Decongesting Correctional Facilities

Africa-Press – Rwanda. Uwamariya (name changed for privacy), a 37-year-old mother of eight and business owner, was arrested in February on fraud charges involving Rwf 100 million.

According to her account, the ordeal began when she received money on behalf of a local savings group, but before she could deposit it into the group’s bank account, it was stolen from her by scammers.

The incident quickly escalated into a criminal case, leading to her arrest and a 30-day remand at Nyarugenge Correctional Facility pending trial.

“At first, I denied everything,” she recalled. “But deep down, I knew I had received the money and failed to do what was expected of me.”

Under the law, fraud is punishable by two to three years in prison and a fine ranging from Rwf 3 million to Rwf 5 million. In cases involving financial instruments such as shares or securities, the penalty can extend to five years in prison and a fine of up to Rwf 7 million.

For Uwamariya, however, everything changed when she learned about plea-bargaining, one of the Alternative Dispute Resolution (ADR) mechanisms introduced to help ease case backlogs and prison overcrowding.

“At first, I thought it was just talk,” she said. “But when I saw some of my fellow detainees being released through plea bargaining, I decided to give it a try.”

Through the process, she met the victim and legal officers and agreed to take responsibility for her actions. She pleaded guilty and committed to repaying the money, Rwf 50 million upfront and the remainder in three instalments. After eight months in prison, she was released in August.

“Being out again means I can rebuild my life, take care of my children, and continue my business,” she said. “I also have a better relationship with the person I wronged.”

Uwamariya’s story is one of the many. Thousands of Rwandans have benefited from ADR mechanisms such as plea bargaining since their introduction in 2022.

Fidele Ndikubwimana, a resident in Gicumbi district who was imprisoned for theft, is another example. He joined the plea-bargaining process during its early rollout, pleaded guilty, and received a reduced sentence that led to his release.

“Getting a second chance changed everything,” he said. “I learned from my mistakes, got married, and started a family. I’m now focused on rebuilding my life and contributing positively to society.”

According to available data, 25,781 cases have been closed under plea-bargaining since the method’s launch in October 2022, involving over 29,000 defendants, of whom 27,000 were released immediately.

According to available data, 25,781 cases have been closed under plea bargaining since the method’s launch in October 2022, involving more than 29,000 defendants, of whom 27,000 were released immediately. In addition, from 2017 till August this year, a total of 11,317 cases have been resolved through mediation.

The National Commission for Human Rights (NCHR) recently reported a 30 percent reduction in prison overcrowding across Rwanda between 2023 and 2024.

NCHR Chairperson Providence Umurungi attributed this decline largely to the growing use of ADR mechanisms, including mediation and plea-bargaining, which are helping resolve disputes more quickly and efficiently.

The government’s Second National Strategy for Transformation (NST2), which runs until 2029, includes a strong focus on strengthening ADR mechanisms. The goal is to reduce case backlogs, promote reconciliation, and sustain the progress made in decongesting correctional facilities.

For many like Uwamariya and Ndikubwimana, these reforms have provided more than just freedom; they have offered a path to improvement and reintegration.

“I’m grateful for this second chance,” said Uwamariya. “Now I know that taking responsibility can also mean starting over.”

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