UBUSHINJACYAHA v. HATEGEKIMANA N’ABANDI

UBUSHINJACYAHA v. HATEGEKIMANA N’ABANDI

The court found that Nshimiyimana and Ndayisenga's involvement extended beyond moving the corpse and included participation in the murder of Gapira Aloys, corroborated by their own admissions and Ntahorugiye's statements. Hategekimana's conviction was upheld based on consistent evidence from multiple witnesses and his own contradictory statements. Confession alone did not warrant mitigation as the facts established active participation in the crime.

Citation
RPAA 00210/2018/CA , CMB RP00001/2019/CA
Parties
Prosecution: Ubushinjacyaha; Appellant: Hategekimana Celestin; Appellant: Nshimiyimana Jean Claude; Appellant: Ndayisenga Jean Bosco
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
9 September 2019
Case Number
RPAA 00210/2018/CA , CMB RP00001/2019/CA
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Murder, Admissibility of Evidence, Confession, Joint Criminal Enterprise
Source Language
rw
Criminal Law Evidence Law Murder Admissibility of Evidence Confession Joint Criminal Enterprise

Case Brief

Summary, issues, holding and outcome

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Parties

Ubushinjacyaha

Prosecution

Hategekimana Celestin

Appellant

Nshimiyimana Jean Claude

Appellant

Ndayisenga Jean Bosco

Appellant

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the confessions of Nshimiyimana and Ndayisenga warrant mitigation of sentence
  2. 2 Whether Hategekimana's conviction for the murder of Gapira Aloys is supported by credible evidence
  3. 3 Whether the evidence provided by Ntahorugiye is reliable

Ratio Decidendi

The court found that Nshimiyimana and Ndayisenga's involvement extended beyond moving the corpse and included participation in the murder of Gapira Aloys, corroborated by their own admissions and Ntahorugiye's statements. Hategekimana's conviction was upheld based on consistent evidence from multiple witnesses and his own contradictory statements. Confession alone did not warrant mitigation as the facts established active participation in the crime.

Court Disposition

appeal dismissed

Orders

  • The life sentences for Hategekimana Celestin, Nshimiyimana Jean Claude, and Ndayisenga Jean Bosco are affirmed.
  • The appellants are exempted from court fees due to their detention.