UBUSHINJACYAHA v. UWAMALIYA N’UNDI

UBUSHINJACYAHA v. UWAMALIYA N’UNDI

The Special Chamber lacks jurisdiction because human trafficking, as charged, is not an international crime under Rwandan law, and all alleged acts occurred within Rwanda, so the offense does not qualify as a cross-border crime.

Citation
RP 00004/2021/HC/HCCIC
Parties
Prosecution: Ubushinjacyaha; Accused: Uwamaliya Vestine; Accused: Twahirwa Honore
Court
High Court
Jurisdiction
Rwanda
Judgment Date
28 December 2022
Case Number
RP 00004/2021/HC/HCCIC
Procedural Posture
Criminal / Jurisdictional Objection at First Instance
Outcome
Special Chamber of the High Court lacks jurisdiction; case transferred to Gasabo Intermediate Court.
Legal Topics
Human Trafficking, Child Defilement, Court Jurisdiction, International Crimes
Source Language
rw
Criminal Law Jurisdiction Human Trafficking Child Defilement Court Jurisdiction International Crimes

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Uwamaliya Vestine

Accused

Twahirwa Honore

Accused

Procedural Posture

Criminal / Jurisdictional Objection at First Instance

Legal Issues

  1. 1 Whether the High Court Special Chamber for International and Cross-border Crimes has jurisdiction over the alleged offenses of human trafficking and child defilement committed entirely within Rwanda.

Ratio Decidendi

The Special Chamber lacks jurisdiction because human trafficking, as charged, is not an international crime under Rwandan law, and all alleged acts occurred within Rwanda, so the offense does not qualify as a cross-border crime.

Court Disposition

Special Chamber of the High Court lacks jurisdiction; case transferred to Gasabo Intermediate Court.

Orders

  • Case to be transferred to Gasabo Intermediate Court for trial at first instance.
  • Court fees are suspended.