UBUSHINJACYAHA v. UWIRINGIYIMANA_232774_kn

UBUSHINJACYAHA v. UWIRINGIYIMANA_232774_kn

Ordering that a convict remain imprisoned until payment of a fine, when the custodial sentence has been served, is unlawful and constitutes injustice, as such a penalty is not provided for in Rwandan law. Fines must be enforced against property, not liberty.

Citation
RLR V.2-2017
Parties
Prosecution: Ubushinjacyaha; Defendant: Uwiringiyimana Aaron
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
4 March 2016
Case Number
RS/REV/INJUST/PEN0004/15/CS
Procedural Posture
Criminal Revision / Supreme Court Judgment on Revision for Injustice
Outcome
Application for revision allowed; prior judgments revised; applicant released immediately.
Legal Topics
Unlawful Detention, Imprisonment for Non Payment of Fine, Revision for Injustice, Execution of Criminal Sentences
Source Language
en, rw
Criminal Law Constitutional Law Unlawful Detention Imprisonment for Non Payment of Fine Revision for Injustice Execution of Criminal Sentences

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Parties

Ubushinjacyaha

Prosecution

Uwiringiyimana Aaron

Defendant

Procedural Posture

Criminal Revision / Supreme Court Judgment on Revision for Injustice

Legal Issues

  1. 1 Whether ordering imprisonment until payment of a fine constitutes injustice under Rwandan law
  2. 2 Whether such a condition is legally provided for in Rwandan statutes

Ratio Decidendi

Ordering that a convict remain imprisoned until payment of a fine, when the custodial sentence has been served, is unlawful and constitutes injustice, as such a penalty is not provided for in Rwandan law. Fines must be enforced against property, not liberty.

Court Disposition

Application for revision allowed; prior judgments revised; applicant released immediately.

Orders

  • Judgments ordering imprisonment until payment of fine are revised and that condition is removed.
  • Uwiringiyimana Aaron to be released immediately upon pronouncement of this judgment.