UBUSHINJACYAHA v. ISHIMWE

UBUSHINJACYAHA v. ISHIMWE

A convicted person whose case is ordered to be retried on grounds of injustice must be released from custody pending the retrial, as execution of the original judgment is suspended by operation of law under Article 64 of Law No. 30/2018 and established case law.

Citation
RDP 00002/2025/CA
Parties
Prosecution: Ubushinjacyaha; Defendant: Ishimwe Eric
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
25 July 2025
Case Number
RDP 00002/2025/CA
Procedural Posture
Criminal / Interlocutory Application for Provisional Release Pending Retrial on Grounds of Injustice
Outcome
application granted
Legal Topics
Provisional Release, Retrial on Grounds of Injustice, Execution of Judgments
Source Language
rw
Criminal Law Criminal Procedure Provisional Release Retrial on Grounds of Injustice Execution of Judgments

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Ishimwe Eric

Defendant

Procedural Posture

Criminal / Interlocutory Application for Provisional Release Pending Retrial on Grounds of Injustice

Legal Issues

  1. 1 Whether a convicted and imprisoned person whose case is ordered to be retried on grounds of injustice is entitled to provisional release pending the retrial

Ratio Decidendi

A convicted person whose case is ordered to be retried on grounds of injustice must be released from custody pending the retrial, as execution of the original judgment is suspended by operation of law under Article 64 of Law No. 30/2018 and established case law.

Court Disposition

application granted

Orders

  • Ishimwe Eric is to be released from custody pending the retrial in case RS/INJUST/RP 00005/2024/CA.
  • No court fees are awarded.