UBUSHINJACYAHA v. BIGOBOKA N’ABANDI

UBUSHINJACYAHA v. BIGOBOKA N’ABANDI

Bigoboka Amosi and Amouri Assoumani must be acquitted as there is no credible evidence linking them to the crimes; Nizigiyimana Djumatatu is not entitled to further sentence reduction as the 20-year sentence already reflects mitigation for his partial admission and apology.

Source-derived case information.

Citation
RPA 0172/09/CS
Parties
Prosecution: Ubushinjacyaha; Appellant: Nizigiyimana Djumatatu; Appellant: Bigoboka Amosi; Appellant: Amouri Assoumani
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
5 September 2014
Case Number
RPA 0172/09/CS
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
Appeal of Nizigiyimana Djumatatu dismissed; appeals of Bigoboka Amosi and Amouri Assoumani allowed; convictions of Bigoboka Amosi and Amouri Assoumani quashed; immediate release ordered for Bigoboka Amosi and Amouri Assoumani; costs to be borne by the State.
Legal Topics
Presumption of Innocence, Burden of Proof, Appeal, Wrongful Conviction, Sentence Reduction
Source Language
rw
Criminal Law Criminal Procedure Presumption of Innocence Burden of Proof Appeal Wrongful Conviction Sentence Reduction

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Parties

Ubushinjacyaha

Prosecution

Nizigiyimana Djumatatu

Appellant

Bigoboka Amosi

Appellant

Amouri Assoumani

Appellant

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether Bigoboka Amosi and Amouri Assoumani should be acquitted for lack of evidence
  2. 2 Whether Nizigiyimana Djumatatu should receive further sentence reduction

Ratio Decidendi

Bigoboka Amosi and Amouri Assoumani must be acquitted as there is no credible evidence linking them to the crimes; Nizigiyimana Djumatatu is not entitled to further sentence reduction as the 20-year sentence already reflects mitigation for his partial admission and apology.

Court Disposition

Appeal of Nizigiyimana Djumatatu dismissed; appeals of Bigoboka Amosi and Amouri Assoumani allowed; convictions of Bigoboka Amosi and Amouri Assoumani quashed; immediate release ordered for Bigoboka Amosi and Amouri Assoumani; costs to be borne by the State.

Orders

  • Bigoboka Amosi and Amouri Assoumani acquitted of all charges.
  • Immediate release of Bigoboka Amosi and Amouri Assoumani upon pronouncement of judgment.