UBUSHINJACYAHA V. NSANGIRANABO

UBUSHINJACYAHA V. NSANGIRANABO

Nsangiranabo Raphaël's appeal was filed within the legal time limit because he was not present at the pronouncement of judgment, was not notified, and promptly appealed after learning of the decision; delays caused by prison authorities cannot be held against him.

Citation
RLR V.1-2016
Parties
Prosecution: Ubushinjacyaha; Appellant: Nsangiranabo Raphaël
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
5 September 2014
Case Number
RPAA 0221/10/CS
Procedural Posture
Criminal Appeal / Appeal Against Preliminary Decision
Outcome
preliminary decision set aside, appeal admitted
Legal Topics
Appeal Period, Procedural Default, Prisoner Rights
Source Language
en, rw
Criminal Law Criminal Procedure Appeal Period Procedural Default Prisoner Rights

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Nsangiranabo Raphaël

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Preliminary Decision

Legal Issues

  1. 1 Whether Nsangiranabo Raphaël's appeal against the preliminary decision was filed within the legal time limit

Ratio Decidendi

Nsangiranabo Raphaël's appeal was filed within the legal time limit because he was not present at the pronouncement of judgment, was not notified, and promptly appealed after learning of the decision; delays caused by prison authorities cannot be held against him.

Court Disposition

preliminary decision set aside, appeal admitted

Orders

  • The preliminary decision n° RP 0168/10/Pré-ex/CS of 01/06/2010 is set aside.
  • Nsangiranabo Raphaël's appeal is admitted as timely.