UBUSHINJACYAHA V. NSANZUMUHIRE

UBUSHINJACYAHA V. NSANZUMUHIRE

The court found that the facts did not support the charge of inciting public disorder but did support genocide minimization, as the statements minimized the gravity of the genocide. The court applied the more lenient law retroactively and imposed the corresponding penalty.

Citation
RPAA 00064/2018/CA
Parties
Prosecution: Ubushinjacyaha; Appellant/defendant: Nsanzumuhire Jean Baptiste
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
15 May 2019
Case Number
RPAA 00064/2018/CA
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed; conviction and sentence modified
Legal Topics
Genocide Denial, Genocide Minimization, Change of Charge, Evidence Assessment, Burden of Proof
Source Language
rw, en
Criminal Law Genocide Denial Genocide Minimization Change of Charge Evidence Assessment Burden of Proof

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Nsanzumuhire Jean Baptiste

Appellant/defendant

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether Nsanzumuhire Jean Baptiste committed the offence of inciting public disorder or genocide minimization
  2. 2 Whether the evidence supports the conviction
  3. 3 Whether the charge should be changed based on facts

Ratio Decidendi

The court found that the facts did not support the charge of inciting public disorder but did support genocide minimization, as the statements minimized the gravity of the genocide. The court applied the more lenient law retroactively and imposed the corresponding penalty.

Court Disposition

appeal dismissed; conviction and sentence modified

Orders

  • Charge changed to genocide minimization
  • Defendant sentenced to five years imprisonment