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Rwanda decisions
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Urukiko rw’Ubujurire rwatesheje agaciro umusoro kuri 41.971.000 Frw, rwemeza ko wari washatsewa umusoro mbere; rwemeza ariko ko 450.114.953 Frw na 996.101.280 Frw bigomba gusoreshwa.
The Court of Appeal upheld Nkundabose Sébastien’s conviction for membership in a terrorist organization, rejecting his duress defense and leaving the 15-year sentence unchanged.
The petition is admissible because Article 106 of Law No 027/2019, though similar in part to the previously reviewed Article 121 of Law No 13/2004, contains new elements and wording, and the applicant raises new constitutional grounds. Res judicata does not bar review where the legal provision or its context has materially changed.
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The Court of Appeal allowed Urugaga rw’Abavoka to withdraw its appeal without the respondent’s consent and awarded Mhayimana Isaïe legal fees and costs.
The appellate court held that the High Court did not err in imposing a 15-year sentence, as it exercised its discretion within the law, considering the gravity of the offence, the relationship between the accused and the victim, and the impact on the victim. The law does not require the court to follow the prosecution's sentencing request unless plea bargaining procedures are used. The sentence was sufficiently reduced for mitigating circumstances, and no legal error or abuse of discretion was shown.
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The Supreme Court rejected SONARWA’s revision for injustice, holding it could not raise new claims absent from the earlier proceedings, and affirmed the damages award.
The Supreme Court found conflicting final judgments over the same land dispute, set aside the later High Court decision, and upheld the earlier judgment and Abunzi decision.
Dr. Rutunga Venant knowingly provided essential assistance to gendarmes who, together with interahamwe, committed mass killings of Tutsi civilians at ISAR-Rubona. His actions constituted material and intentional complicity in genocide and extermination as a crime against humanity. The High Court's reduction of sentence was justified by his cooperation and lack of prior convictions, despite aggravating circumstances. Both appeals lacked merit; the conviction and 20-year sentence stand.
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The High Court's special bench for international and cross-border crimes established binding principles on the timing and effect of guilty pleas, appellate obligations, double jeopardy, sentencing discretion, evidentiary standards, and procedural requirements, mandating uniform application across subordinate courts.
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The Court of Appeal held that a drug-trafficking sentence reduced to 15 years and a RWF 5,000,000 fine could not be further reduced or suspended.
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