NAIROBI, July 25, 2008 (AFP) - Countries should not extradite or transfer suspects accused over Rwanda's 1994 genocide back to that country as they are not guaranteed a fair trial, a rights group said Friday.

'Based on two years of research..., Human Rights Watch has taken the position that, at this time, the independence of the courts and the assurance of fair trial rights in Rwanda are insufficient to permit extradition or transfer,' the organisation said in its report.

'It is extremely important that those implicated in serious crimes such as genocide be tried,' said Alison Des Forges, senior advisor to the Africa division at HRW.

'But they should be tried in legal systems that can guarantee independent and fair trials, and appropriate punishments.'

Rwanda has made progress in important areas, such as the abolition of the death penalty in July 2007, but Des Forges identified 'serious problems in such areas as judicial independence, the right to present a defence, and the right to equal access to justice for all.'

The report was published as the appeals chamber of the International Criminal Tribunal for Rwanda (ICTR) wrestles with lower Rwandan court refusals to take cases from the UN court, whose mandate is due to expire at the end of 2008.

The ICTR prosecutor is trying to pass on its remaining cases to national courts, including in Rwanda, while France and Britain are also deciding whether to send genocide suspects back to Africa for trial.

The independence of judges is seen as weak after the Rwandan National Assembly this month approved a constitutional amendment instigating reviews of judges' mandates every four years.

Another amendment adopted by lawmakers, also still to be ratified by its senate, guarantees immunity from prosecution for Rwandan presidents once they are out of office.

'This amendment contravenes Rwandan law and Rwandan adherence to international conventions guaranteeing that liability for certain serious crimes, such as war crimes and crimes against humanity, may not be limited or revoked,' HRW's report underlined.

While the death penalty has gone, life imprisonment in solitary confinement was brought in, which constitutes 'cruel and inhuman treatment in violation of international conventions,' the watchdog added.

The group praised the guarantee of legal representation and tighter rules on arbitrary or prolonged detention for accused, but also called for more to be done to eliminate torture and improve detention conditions.