UBUSHINJACYAHA V. HABYARIMANA

UBUSHINJACYAHA V. HABYARIMANA

Detaining the applicants after they appealed their conviction, without a specific court order for immediate imprisonment, violated Article 183 of Law nº 30/2013. The applicants must be released and allowed to pursue their appeal while not in custody.

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

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Parties

Ubushinjacyaha

Prosecution

Habyarimana Philbert

Accused

Habimana Melchior

Accused

Manirakiza Emmanuel

Accused

Nzeyimana Jérôme

Victim

Procedural Posture

Criminal Appeal / Interlocutory Ruling on Legality of Detention Pending Appeal

Legal Issues

  1. 1 Whether Habyarimana Philbert and Habimana Melchior were illegally detained after appealing their conviction while previously on bail

Ratio Decidendi

Detaining the applicants after they appealed their conviction, without a specific court order for immediate imprisonment, violated Article 183 of Law nº 30/2013. The applicants must be released and allowed to pursue their appeal while not in custody.

Court Disposition

Applicants' detention declared illegal; ordered immediate release pending appeal.

Orders

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