PROSECUTION v. MUKAKABANO ET.AL_en

PROSECUTION v. MUKAKABANO ET.AL_en

The court found that Nyirabagenzi Mariam recruited and attempted to transfer Murekatete Amina out of Rwanda by means of deception, taking advantage of her vulnerable situation, and that Mukakabano Nadia Yazida facilitated this by connecting them to an intermediary who would arrange travel documents. The acts constituted attempt to participate in trafficking persons out of the country, as the offence was foiled at the border. The consent of the victim was deemed irrelevant under both domestic and international law.

Citation
RLR V.4-2018
Parties
Prosecution: Prosecution; Accused: Mukakabano Nadia Yazida; Accused: Nyirabagenzi Mariam
Court
High Court
Jurisdiction
Rwanda
Judgment Date
20 March 2017
Case Number
RPA0015/2017/HC/HCCI
Procedural Posture
Criminal / Judgment at First Instance
Outcome
Conviction for attempt of participating in trafficking persons out of the country
Legal Topics
Human Trafficking, Attempted Trafficking, Criminal Liability, Consent of Victim, Role of Intermediaries
Source Language
en, rw
Criminal Law International Criminal Law Human Trafficking Attempted Trafficking Criminal Liability Consent of Victim Role of Intermediaries

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Parties

Prosecution

Prosecution

Mukakabano Nadia Yazida

Accused

Nyirabagenzi Mariam

Accused

Procedural Posture

Criminal / Judgment at First Instance

Legal Issues

  1. 1 Whether Nyirabagenzi Mariam was arrested taking Murekatete Amina out of the country for human trafficking
  2. 2 Whether Mukakabano Nadia Yazida's act of giving a phone number constitutes participation in the offence

Ratio Decidendi

The court found that Nyirabagenzi Mariam recruited and attempted to transfer Murekatete Amina out of Rwanda by means of deception, taking advantage of her vulnerable situation, and that Mukakabano Nadia Yazida facilitated this by connecting them to an intermediary who would arrange travel documents. The acts constituted attempt to participate in trafficking persons out of the country, as the offence was foiled at the border. The consent of the victim was deemed irrelevant under both domestic and international law.

Court Disposition

Conviction for attempt of participating in trafficking persons out of the country

Orders

  • Each accused sentenced to one year and six months of imprisonment
  • Each accused fined 500,000 Rwandan francs