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Rwanda decisions
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Digest of Court of Appeal precedents on unsigned interview records, confessions, sentencing discretion, proof, testimony, retrials, and related procedure.
The Court of Appeal held that Benda Rosine’s second appeal was inadmissible because both lower courts dismissed her claim on the same grounds.
A notarial will is invalid if secrecy is breached by disclosure to a beneficiary before the testator's death, as this contravenes the requirement for confidentiality under Rwandan succession law. In tax matters, a second audit following annulment of the first for procedural errors does not require explicit mention in the annulment decision. In criminal cases, mitigation of sentence is discretionary and must be justified by the court, which is not bound to reduce the sentence even if mitigating factors are present. Confessions and witness statements retain evidentiary value subject to judicial…
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Court of Appeal digest consolidating precedents on guilty pleas, confession evidence, appellate sentencing, proof, and procedural requirements.
The core binding principles are: (1) appellate courts must show, at least implicitly, that all material arguments and evidence were considered, but need not address each individually; (2) sentences cannot be increased on appeal if only the defendant appeals; (3) conspiracy to commit genocide is treated as genocide for intent and punishment; (4) accomplice liability in genocide does not require intent to destroy the group, only knowing assistance; (5) attempt liability does not apply to terrorist group membership; (6) new evidence for retrial must be truly new and material; (7) only parents or…
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Court of Appeal digest setting out binding principles on appeals, sentencing, evidence, criminal procedure, and recognition of foreign judgments.
The Court of Appeal established binding principles on calculation of appeal deadlines, mandatory payment of withholding tax, distinction between civil and commercial acts, contract classification, recusal standards, sentencing discretion and mitigation, procedural limits on appellate arguments, modification of charges, proportionality in drug sentencing, and retroactive application of interpretive ministerial orders.
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The Court of Appeal held that the lower court did not rely on a non-existent law and that the penalties were provided for by law, so the second appeal was inadmissible.
The Court of Appeal established that strict procedural and substantive requirements govern criminal investigations, appeals, sentencing, and evidentiary assessment. Authorization from the Prosecutor General is mandatory for certain offences; appeals must be timely; the most lenient applicable law governs sentencing; and judges retain discretion in mitigation. In civil and administrative matters, the burden of proof and statutory criteria for compensation or refugee status are strictly applied.
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Court of Appeal precedent compilation summarizing sentencing, appeals, evidence, and criminal-law holdings from multiple Rwanda appellate cases.
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