UBUSHINJACYAHA v. MUKAKABANO N’UNDI_kn

UBUSHINJACYAHA v. MUKAKABANO N’UNDI_kn

The court found that the acts of recruiting, encouraging, and facilitating the removal of Murekatete Amina from Rwanda to Oman, under deceptive circumstances and exploiting her vulnerability, constituted attempted participation in the offense of removing persons from the country for trafficking purposes. Providing contact information to facilitate the journey was deemed sufficient to establish participation in the attempt. The fact that the victim was an adult and consented was irrelevant due to the use of deception and exploitation of vulnerability.

Citation
RLR V.4-2018
Parties
Prosecution: Ubushinjacyaha; Accused: Mukakabano Nadia Yazida; Accused: Nyirabagenzi Mariam
Court
High Court
Jurisdiction
Rwanda
Judgment Date
20 March 2017
Case Number
RPA0015/2017/HC/HCCI
Procedural Posture
Criminal Appeal / Judgment
Outcome
Conviction
Legal Topics
Human Trafficking, Attempted Trafficking, Transnational Crime
Source Language
en, rw
Criminal Law International Criminal Law Human Trafficking Attempted Trafficking Transnational Crime

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Mukakabano Nadia Yazida

Accused

Nyirabagenzi Mariam

Accused

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether Nyirabagenzi Mariam and Mukakabano Nadia Yazida committed the offense of human trafficking or attempted trafficking by facilitating the removal of Murekatete Amina from Rwanda to Oman for exploitative purposes.
  2. 2 Whether providing contact information to facilitate travel constitutes participation in the offense.

Ratio Decidendi

The court found that the acts of recruiting, encouraging, and facilitating the removal of Murekatete Amina from Rwanda to Oman, under deceptive circumstances and exploiting her vulnerability, constituted attempted participation in the offense of removing persons from the country for trafficking purposes. Providing contact information to facilitate the journey was deemed sufficient to establish participation in the attempt. The fact that the victim was an adult and consented was irrelevant due to the use of deception and exploitation of vulnerability.

Court Disposition

Conviction

Orders

  • Each accused is sentenced to one year and six months imprisonment and a fine of 500,000 Rwandan Francs.
  • Both are exempted from court costs due to pre-trial detention.