UBUSHINJACYAHA v. HABYARIMANA

Detaining appellants who were tried while not in custody and who appealed their conviction, without a specific court order for immediate detention or demonstration of exceptional circumstances, is illegal under Article 183 of Law nº 30/2013.

Citation: RLR V.3 - 2015
Parties: Prosecution: Ubushinjacyaha; Appellant: Habyarimana Philbert; Appellant: Habimana Melchior; Victim: Nzeyimana Jérôme; Co Accused: Manirakiza Emmanuel
Court: Supreme Court
Jurisdiction: Rwanda
Judgment Date: 10 October 2014
Case Number: RPA 0152/12/CS
Procedural Posture: Criminal Appeal / Interlocutory Ruling on Legality of Detention Pending Appeal
Outcome: Applicants' detention declared illegal; immediate release ordered.
Legal Topics: Illegal Detention, Appeal Procedure, Execution of Sentences
Source Language: rw

Criminal Law Criminal Procedure Illegal Detention Appeal Procedure Execution of Sentences

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Habyarimana Philbert

Appellant

Habimana Melchior

Appellant

Nzeyimana Jérôme

Victim

Manirakiza Emmanuel

Co Accused

Procedural Posture

Criminal Appeal / Interlocutory Ruling on Legality of Detention Pending Appeal

Legal Issues

1 Whether Habyarimana Philbert and Habimana Melchior were illegally detained pending appeal

Ratio Decidendi

Court Disposition

Applicants' detention declared illegal; immediate release ordered.

Orders

Habyarimana Philbert and Habimana Melchior to be immediately released and to continue their appeal proceedings while not in custody.
Main hearing to continue on 29/10/2014.