UBUSHINJACYAHA v. NIYONSENGA N’ABANDI

UBUSHINJACYAHA v. NIYONSENGA N’ABANDI

The court found that while the accused gave misleading headlines to news stories, there was no evidence of intent to incite unrest or demoralize the public. The prosecution failed to prove intent, and the acts did not result in public disorder. Additionally, the offense of spreading rumors against the state was repealed and not included in the new law, so the accused could not be prosecuted for it.

Citation
RP 00010/2020/HC/KIG
Parties
Prosecution: Ubushinjacyaha; Accused: Mutuyimana Jean Damascène; Accused: Nshimiyimana Jean Baptiste; Accused: Niyonsenga Schadrack
Court
High Court
Jurisdiction
Rwanda
Judgment Date
5 October 2022
Case Number
RP 00010/2020/HC/KIG
Procedural Posture
Criminal / Trial Judgment
Outcome
acquittal
Legal Topics
Incitement, Spreading Rumors, Intent to Commit Crime, Retroactive Application of Law, Evidence Burden, Freedom of Expression
Source Language
rw
Criminal Law Media Law Incitement Spreading Rumors Intent to Commit Crime Retroactive Application of Law Evidence Burden Freedom of Expression

Case Brief

Summary, issues, holding and outcome

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Parties

Ubushinjacyaha

Prosecution

Mutuyimana Jean Damascène

Accused

Nshimiyimana Jean Baptiste

Accused

Niyonsenga Schadrack

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether giving misleading headlines to news stories constitutes intent to incite unrest or spread rumors against the state
  2. 2 Whether publishing altered photos or videos constitutes a criminal offense under the relevant law
  3. 3 Whether acts criminalized under a repealed law can be prosecuted if not included in the new law

Ratio Decidendi

The court found that while the accused gave misleading headlines to news stories, there was no evidence of intent to incite unrest or demoralize the public. The prosecution failed to prove intent, and the acts did not result in public disorder. Additionally, the offense of spreading rumors against the state was repealed and not included in the new law, so the accused could not be prosecuted for it.

Court Disposition

acquittal

Orders

  • The prosecution's claim is dismissed as unfounded.
  • Mutuyimana Jean Damascène, Nshimiyimana Jean Baptiste, and Niyonsenga Schadrack are acquitted of all charges.