Rwanda Case Law

SPECIAL LAW REPORT ON THE CASES OF GENOCIDE AGAINST THE TUTSI IN 1994

Court

Supreme Court

The Supreme Court held that the trial court did not err in reclassifying the offences to conspiracy to commit genocide, complicity in genocide, and conspiracy to extermination as a crime against humanity, as the underlying facts and acts remained unchanged and the accused had opportunity to defend against them. The evidence, including consistent witness testimony, supported the findings that the accused played a significant role in planning, supporting, and facilitating genocide, including chairing meetings, providing weapons, and issuing orders for killings. The sentence reduction to 30 year…

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• Genocide
• Crimes against humanity
• Conspiracy to commit genocide
• Complicity in genocide
• Extermination
• Sentencing

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Re IBAMBE

Court

Supreme Court

Case number

RS/INCONST/SPEC00002/2024/SC

The Supreme Court upheld article 39 of Rwanda’s cybercrimes law, holding that criminalizing harmful online rumours does not violate freedom of expression.

• Freedom of expression
• Freedom of the press
• Cybercrimes
• Defamation
• Protection of dignity
• Rumour publication

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EMMANUEL RUKUNDO v. THE PROSECUTOR

Court

International Tribunal for Rwanda

Case number

ICTR-2001-70-A

The Appeals Chamber found that the indictment did not sufficiently plead 'committing' as a mode of liability for certain crimes, and thus set aside Rukundo's convictions for 'committing' genocide, murder, and extermination, substituting convictions for aiding and abetting those crimes. The conviction for genocide by causing serious mental harm (sexual assault of Witness CCH) was reversed due to insufficient evidence of genocidal intent. The sentence was reduced from 25 to 23 years' imprisonment to reflect the change in the mode of liability and the reversal of one conviction. All other ground…

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• Genocide
• Crimes against humanity
• Aiding and abetting
• Sexual violence
• Sentencing
• Fair trial rights

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THE PROSECUTOR v. Emmanuel RUKUNDO

Court

International Tribunal for Rwanda

Case number

ICTR-2001-70-T

The Chamber found that Emmanuel Rukundo, acting as a priest and military chaplain, committed genocide by participating in the killing of Madame Rudahunga and causing serious bodily harm to her children and two other Tutsi civilians, and by participating in the abduction and killing of Tutsi refugees from the St. Léon Minor Seminary. The Chamber also found, by majority, that Rukundo committed genocide by sexually assaulting a young Tutsi woman, causing her serious mental harm. The Chamber found Rukundo guilty of murder as a crime against humanity for the killing of Madame Rudahunga, and guilty…

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• Genocide
• Crimes against humanity
• Murder
• Extermination
• Sexual violence
• Individual criminal responsibility

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Re FEMINIST ACTION DEVELOPMENT AMBITION (FADA)

Court

Supreme Court

Case number

RS/INCONST/SPEC00004/2023/SC

The Court held that Article 143 of Law Nº68/2018 is not contrary to Articles 13, 15, or 16 of the Constitution. The law is neutral in its wording, applies equally to all persons, and does not, on its face, discriminate on the basis of gender. Alleged discriminatory enforcement does not render the law itself unconstitutional. The petitioner failed to demonstrate a causal link between the law and any violation of the right to physical and mental integrity or to prove that the law is vague to the extent of violating constitutional rights.

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• Constitutionality of statutes
• Equality before the law
• Non-discrimination
• Right to physical and mental integrity
• Vagueness of criminal offences
• Gender-based discrimination

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Re MUNYEMANA

Court

Supreme Court

Case number

RS/INCONST/SPEC 00001/2023/SC

The Court held that the challenged provisions do not violate the principles of equality, non-discrimination, or due process because child defilement is a distinct and particularly serious crime with profound and lasting consequences for victims and society. The differentiation in penalties is justified by the nature and impact of the offense. The penalties, though severe, are proportionate to the gravity of the crime and consistent with international standards. Judicial discretion for sentence reduction exists in the presence of mitigating circumstances. The petitioner's arguments failed to d…

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• Equality before the law
• Non-discrimination
• Proportionality of punishment
• Child protection
• Due process
• Child defilement

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Re MUNYEMANA

Court

Supreme Court

Case number

RS/INCONST/SPEC 00001/2023/SC

The Supreme Court held that the challenged provisions do not violate constitutional guarantees of equality, non-discrimination, or due process. The gravity and societal impact of child defilement justify harsher penalties compared to other offences. The applicant failed to demonstrate any arbitrary or unjustified discrimination or disproportionality. The law provides for judicial discretion in sentencing, including mitigation for extenuating circumstances. Comparative and international law support the approach taken. Therefore, the petition lacked merit.

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• Equality before the law
• Non-discrimination
• Proportionality of punishment
• Child protection
• Sexual offences
• Due process

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MUTWARE v. GUARANTY TRUST BANK (RWANDA) Ltd

Court

Supreme Court

Case number

RS/INJUST/RSOC 00002/2022/SC

The applicant proved he performed the same work as his predecessor at the Cash Management Officer position but was paid less. The employer failed to provide objective and reasonable grounds for the salary disparity and did not produce evidence to justify the difference. The court held that the applicant was entitled to the salary difference for 17 months, recalculated notice allowance and termination benefits based on the higher salary, and awarded counsel's fees. The court reaffirmed that net salary, not gross, is payable for such claims.

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• Equal pay for equal work
• Salary discrimination
• Wrongful dismissal
• Burden of proof in discrimination
• Calculation of termination benefits
• Production of evidence

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RLR V. 2 - 2022

Court

Supreme Court

The Supreme Court held that restricting legal abortion to recognized medical doctors only does not violate the Constitution or international conventions. The Court found that the right to life and health is protected by ensuring abortion is performed by qualified doctors, and that the restriction is justified by safety concerns. The Court determined there was no evidence of discrimination or violation of privacy, as the law applies equally and confidentiality is protected by other statutes. The petition was dismissed for lack of merit.

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• Abortion
• Right to life
• Right to health
• Equality before the law
• Non-discrimination
• Right to privacy

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Re GREAT LAKES INITIATIVE FOR HUMAN RIGHTS AND DEVELOPMENT (GLIHD)

Court

Supreme Court

Case number

RS/INCONST/SPEC 00001/2021/SC

The Supreme Court held that restricting abortion services to state-approved medical doctors at hospitals does not violate the Constitution or international human rights obligations. The limitation is justified by the need to ensure patient safety and quality of care. There is no unlawful discrimination or violation of equality, as the law applies equally and is based on objective medical criteria. The right to privacy is not infringed, as confidentiality is protected by law. The petition was dismissed for lack of merit.

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• Abortion
• Right to health
• Right to life
• Equality before the law
• Non-discrimination
• Privacy

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