PROSECUTION v. MUGESERA

PROSECUTION v. MUGESERA

The Court of Appeal held that Rwandan courts had jurisdiction over the crimes committed in 1992, that the principle of non-retroactivity did not preclude prosecution for genocide and crimes against humanity as these were already crimes under international law, that the accused was not deprived of his right to legal...

Source-derived case information.

Citation
RLR V.2 -2021
Parties
Applicant: Prosecution; Respondent: Mugesera Léon
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
25 September 2020
Case Number
RP/GEN 00003/2019/CA
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; conviction and sentence largely upheld with modification to charges.
Legal Topics
Genocide, Crimes Against Humanity, Incitement to Genocide, Persecution, Right to Fair Trial, Presumption of Innocence, Jurisdiction, Non Retroactivity of Penal Law, Right to Legal Counsel, Evidence Law
Source Language
en
Criminal Law International Criminal Law Human Rights Law Constitutional Law Genocide Crimes Against Humanity Incitement to Genocide Persecution +6 more

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Parties

Prosecution

Applicant

Mugesera Léon

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Rwandan courts had jurisdiction over crimes committed in 1992
  2. 2 Whether the principle of non-retroactivity of criminal law was violated
  3. 3 Whether the accused was deprived of the right to legal counsel and fair trial

Ratio Decidendi

The Court of Appeal held that Rwandan courts had jurisdiction over the crimes committed in 1992, that the principle of non-retroactivity did not preclude prosecution for genocide and crimes against humanity as these were already crimes under international law, that the accused was not deprived of his right to legal counsel or fair trial as delays were attributable to him and his counsel, that the audio and witness evidence were admissible and corroborated, and that Mugesera Léon was guilty of public and direct incitement to commit genocide and persecution as crimes against humanity. The conviction for incitement to hatred as a separate offence was set aside as it was subsumed within the...

Court Disposition

Appeal dismissed; conviction and sentence largely upheld with modification to charges.

Orders

  • Conviction for public and direct incitement to commit genocide and crime against humanity (persecution) affirmed.
  • Conviction for incitement to hatred as a separate offence set aside.