PROSECUTION v. TWAGIRAYEZU

PROSECUTION v. TWAGIRAYEZU

Civil damages must be paid in solidum by co-offenders regardless of differing penalties or appeal participation, as liability is joint and indivisible. Reduction of penalty based on guilty plea does not justify lesser civil liability.

Citation
RPA0038/10/CS
Parties
Applicant: Prosecution; Respondent: Twagirayezu Pontien; Civil Claimant: Ngendahimana Jean Marie Vianney; Co Offender: Ngendahayo Jean de Dieu
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
21 March 2014
Case Number
RPA0038/10/CS
Procedural Posture
Criminal Appeal / Final Judgment
Outcome
appeal allowed in part
Legal Topics
Murder, Civil Damages, Solidum Liability, Appeal Effect on Co Offenders
Source Language
en
Criminal Law Civil Liability Murder Civil Damages Solidum Liability Appeal Effect on Co Offenders

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Parties

Prosecution

Applicant

Twagirayezu Pontien

Respondent

Ngendahimana Jean Marie Vianney

Civil Claimant

Ngendahayo Jean de Dieu

Co Offender

Procedural Posture

Criminal Appeal / Final Judgment

Legal Issues

  1. 1 Whether civil damages awarded to Twagirayezu Pontien are excessive
  2. 2 Whether damages should be paid in solidum by co-offenders
  3. 3 Whether penalty reduction affects civil liability allocation

Ratio Decidendi

Civil damages must be paid in solidum by co-offenders regardless of differing penalties or appeal participation, as liability is joint and indivisible. Reduction of penalty based on guilty plea does not justify lesser civil liability.

Court Disposition

appeal allowed in part

Orders

  • Twagirayezu Pontien and Ngendahayo Jean de Dieu to pay in solidum two million one hundred forty five thousand (2,145,000 Frw) to Ngendahimana Jean Marie Vianney in damages
  • Judgment nº RP0106/08/HC/NYA delivered on 18 December 2009 overruled with regard to damages