UBUSHINJACYAHA v KANAMUGIRE

UBUSHINJACYAHA v KANAMUGIRE

Kanamugire Albert was found to have intentionally assisted soldiers by leading them to the location where Tutsi women were hiding, knowing the likely consequence would be their rape. Although he did not physically commit the rapes, his conduct constituted complicity under both Rwandan law and international criminal law. The evidence from multiple witnesses was consistent and credible. His conviction as an accomplice and the sentence of life imprisonment were upheld.

Citation
RPAA/GEN 00002/2019/CA
Parties
Prosecution: Ubushinjacyaha; Appellant/accused: Kanamugire Albert; Civil Party: Mukarubuga Vestine; Civil Party: Kamagaju Bellancille
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
29 May 2020
Case Number
RPAA/GEN 00002/2019/CA
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed; conviction and sentence affirmed
Legal Topics
Genocide, Complicity, Sexual Violence, Evidence, Criminal Liability, Damages
Source Language
rw
Criminal Law International Criminal Law Human Rights Genocide Complicity Sexual Violence Evidence Criminal Liability +1 more

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Kanamugire Albert

Appellant/accused

Mukarubuga Vestine

Civil Party

Kamagaju Bellancille

Civil Party

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether Kanamugire Albert had complicity in the crime of rape during the genocide against the Tutsi in 1994
  2. 2 Whether the evidence supports conviction as an accomplice rather than a principal offender
  3. 3 Whether the sentence and damages awarded were appropriate

Ratio Decidendi

Kanamugire Albert was found to have intentionally assisted soldiers by leading them to the location where Tutsi women were hiding, knowing the likely consequence would be their rape. Although he did not physically commit the rapes, his conduct constituted complicity under both Rwandan law and international criminal law. The evidence from multiple witnesses was consistent and credible. His conviction as an accomplice and the sentence of life imprisonment were upheld.

Court Disposition

appeal dismissed; conviction and sentence affirmed

Orders

  • Kanamugire Albert's appeal is dismissed as unfounded.
  • The appeal by civil parties regarding damages is not admitted.