PROSECUTION vs TURATSINZE

PROSECUTION vs TURATSINZE

The court found that Turatsinze Pierre made the statement in question, which constitutes minimisation of genocide under Rwandan law. The penalty was set at nine years' imprisonment, the maximum allowed, as recidivism was not considered by previous courts and the prosecution did not appeal for an increased penalty.

Citation
RLR V.4-2016
Parties
Prosecution: Prosecution; Accused: Turatsinze Pierre
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
19 February 2016
Case Number
RPAA0021/12/CS
Procedural Posture
Criminal Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed; sentence modified
Legal Topics
Genocide Denial, Minimisation of Genocide, Presumptions, Recidivism, Appeal Procedure
Source Language
en, rw
Criminal Law Evidence Law Genocide Denial Minimisation of Genocide Presumptions Recidivism Appeal Procedure

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Parties

Prosecution

Prosecution

Turatsinze Pierre

Accused

Procedural Posture

Criminal Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether Turatsinze Pierre is guilty of genocide denial
  2. 2 Whether the statements made by Turatsinze constitute minimisation of genocide
  3. 3 Whether the penalty can be increased on appeal in absence of prosecution's appeal

Ratio Decidendi

The court found that Turatsinze Pierre made the statement in question, which constitutes minimisation of genocide under Rwandan law. The penalty was set at nine years' imprisonment, the maximum allowed, as recidivism was not considered by previous courts and the prosecution did not appeal for an increased penalty.

Court Disposition

Appeal dismissed; sentence modified

Orders

  • Dismiss the appeal lodged by Turatsinze Pierre
  • Modify the High Court judgment regarding penalty