RLR V.1 - 2026

RLR V.1 - 2026

RNC is a terrorist group as established by prior judgments and its acts; thus, prosecution for membership of a terrorist group did not require Prosecutor General's authorization. The acts of the accused constitute completed membership of a terrorist group, not attempt, as they consented and took steps to join. Attempt does not apply to this offence. The conviction of Haragirimana was based on credible evidence, including corroborated statements. The offences of joining an irregular armed group and membership of a terrorist group cannot be cumulated; only the latter is retained. Sentences were already sufficiently mitigated and cannot be further reduced or suspended.

Parties
Prosecution: Republic of Rwanda; Accused: Haragirimana Damien alias Abdallah; Accused: Ndayisenga Vedaste alias Abdoullah; Accused: Mutiganda Thierry; Accused: Nshimiye Eric
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
30 January 2026
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; convictions and sentences for membership of a terrorist group upheld; legal characterization of offences clarified.
Legal Topics
Terrorism, Membership of Terrorist Group, Irregular Armed Groups, Attempt and Completion of Offence, Procedural Objections
Source Language
en, rw
Criminal Law Counter Terrorism Terrorism Membership of Terrorist Group Irregular Armed Groups Attempt and Completion of Offence Procedural Objections

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Parties

Republic of Rwanda

Prosecution

Haragirimana Damien alias Abdallah

Accused

Ndayisenga Vedaste alias Abdoullah

Accused

Mutiganda Thierry

Accused

Nshimiye Eric

Accused

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether RNC is a terrorist group or an irregular armed group and whether prosecution required Prosecutor General's authorization; Whether the acts of the accused constitute membership of a terrorist group or can be cumulated with joining an irregular armed group; Whether the conviction of Haragirimana Damien alias Abdallah was based on sufficient evidence; Whether the legal characterization of the offence for Ndayisenga Vedaste alias Abdoullah and Mutiganda Thierry should be attempt or completed offence; Whether the sentences should be further reduced or suspended.

Ratio Decidendi

RNC is a terrorist group as established by prior judgments and its acts; thus, prosecution for membership of a terrorist group did not require Prosecutor General's authorization. The acts of the accused constitute completed membership of a terrorist group, not attempt, as they consented and took steps to join. Attempt does not apply to this offence. The conviction of Haragirimana was based on credible evidence, including corroborated statements. The offences of joining an irregular armed group and membership of a terrorist group cannot be cumulated; only the latter is retained. Sentences were already sufficiently mitigated and cannot be further reduced or suspended.

Court Disposition

Appeal dismissed; convictions and sentences for membership of a terrorist group upheld; legal characterization of offences clarified.

Orders

  • Conviction of Haragirimana Damien alias Abdallah, Mutiganda Thierry, Ndayisenga Vedaste alias Abdoullah, and Nshimiye Eric for membership of a terrorist group is upheld.
  • Each is sentenced to 15 years' imprisonment as previously imposed.