UBUSHINJACYAHA v NZABONIMPA

UBUSHINJACYAHA v NZABONIMPA

The conviction was based solely on the testimony of a single witness with a potential conflict of interest and a confession made before a military officer, which was later retracted. There was no corroborating evidence. According to the law, such uncorroborated evidence is insufficient to convict. Doubt must benefit...

Source-derived case information.

Citation
RLR V.2-2023
Parties
Prosecution: Ubushinjacyaha; Defendant: Nzabonimpa David
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
15 July 2019
Case Number
RPA 00059/2018/CA
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal allowed. Conviction overturned. Acquittal entered.
Legal Topics
Standard of Proof, Admissibility of Evidence, Confessions, Terrorism Charges
Criminal Law Evidence Law Standard of Proof Admissibility of Evidence Confessions Terrorism Charges

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Summary, issues, holding and outcome

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Parties

Ubushinjacyaha

Prosecution

Nzabonimpa David

Defendant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the testimony of Makombe Deo and the confession made before a military officer constitute sufficient evidence to convict Nzabonimpa David of participating in terrorist activities.

Ratio Decidendi

The conviction was based solely on the testimony of a single witness with a potential conflict of interest and a confession made before a military officer, which was later retracted. There was no corroborating evidence. According to the law, such uncorroborated evidence is insufficient to convict. Doubt must benefit the accused, so Nzabonimpa David must be acquitted.

Court Disposition

Appeal allowed. Conviction overturned. Acquittal entered.

Orders

  • Nzabonimpa David is acquitted of the charge of participating in terrorist activities.
  • The judgment of the High Court, Musanze Chamber, case no. RP 00002/2017/HC/MUS of 10/04/2018, is set aside in all its provisions.