Rwanda Case Law

VOLIME IDASANZWE II Y'IMANZA ZA JENOSIDE

Court

Supreme Court

The appellate court found that minor inconsistencies in witness testimony regarding times, clothing, or precise locations did not undermine the core finding that Ntaganzwa Ladislas orchestrated, led, and participated in attacks against Tutsi civilians at Cyahinda and surrounding areas, and facilitated sexual violence, as corroborated by multiple witnesses and his own official correspondence. The court held that the trial court was entitled to rely on the testimony of a single credible witness for material facts and that the accused's alibi was not supported by credible evidence. The court fur…

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• Genocide
• Crimes against humanity
• War crimes
• Command responsibility
• Complicity
• Incitement to genocide

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UBUSHINJACYAHA vs HAKIZIMANA

Court

Court of Appeal

Case number

RPAA00265/2023/CA

The appellate court found that the evidence relied upon by the lower courts—including the victim's testimony, corroborating witness statements, and the medical report—was consistent and credible. The appellant's alibi was not sufficiently substantiated, and discrepancies in timing or minor inconsistencies in witness accounts did not undermine the prosecution's case. The court held that the prosecution proved the offence beyond reasonable doubt and upheld the conviction and sentence.

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• Defilement of a minor
• Alibi defence
• Evidentiary standards
• Assessment of witness credibility
• Medical evidence in sexual offences

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UBUSHINJACYAHA v HAKIZIMANA

Court

Court of Appeal

Case number

RPAA 00265/2023/CA

The Court of Appeal upheld a 20-year sentence for child defilement, holding that minor timing discrepancies and the accused’s alibi evidence did not displace the prosecution case.

• Evidence in criminal trials
• Sexual offences against minors
• Standard of proof
• Alibi defence
• Appellate review
• Criminal-law

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UBUSHINJACYAHA v TWAGIRAYEZU

Court

Court of Appeal

Case number

RPA/GEN 00001/2024/CA

The Court of Appeal found that the High Court erred in its assessment of the alibi and witness credibility. The prosecution met its burden to prove beyond reasonable doubt that Twagirayezu Wenceslas was present in Rwanda and participated in multiple attacks constituting genocide and crimes against humanity. Minor inconsistencies in witness testimony did not undermine the core evidence. The absence of his name in Gacaca records was not determinative. The Court convicted Twagirayezu of genocide and crimes against humanity and imposed a 20-year prison sentence, finding no sufficient aggravating…

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• Genocide
• Crimes against humanity
• Evidentiary law
• Alibi defence
• Assessment of witness credibility
• Appeal procedure

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UBUSHINJACYAHA v Sezikeye Francois

Court

Court of Appeal

Case number

RPAA 00371/2020/CA

The Court of Appeal held that inconsistent testimony and an unrefuted reasonable doubt meant Sezikeye François’s conviction could not stand.

• Burden of proof
• Alibi defence
• Evidentiary standards
• Assessment of witness testimony
• Appeals
• Criminal-appeal

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UBUSHINJACYAHA vs BIRINDABAGABO

Court

Court of Appeal

Case number

RPAA/GEN 00004/2020/CA

The Court found that the prosecution proved beyond reasonable doubt that Birindabagabo Jean Paul was present and participated in the commission of genocide and crimes against humanity in Sake and Kibirira in 1994. The Court held that minor inconsistencies in witness testimony did not undermine the substance of the evidence, that the accused was not under irresistible duress, and that conviction for both genocide and crimes against humanity based on the same acts is legally permissible. The appeal was dismissed and the life sentence upheld.

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• Genocide
• Crimes against humanity
• Alibi defence
• Evidentiary standards
• Joint criminal enterprise
• Impunity

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UBUSHINJACYAHA v KABILIMA

Court

Court of Appeal

Case number

RPAA/GEN00009/2019/CA

The Court of Appeal found Kabilima Jean Damascène’s alibi unsupported, upheld key witness evidence and CNLG records, and convicted him of genocide and complicity.

• Genocide
• Alibi defence
• Assessment of witness credibility
• Complicity in genocide
• Sentencing principles
• Alibi-defence

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PROSECUTION v KABILIMA

Court

Court of Appeal

Case number

RPAA/GEN00009/2019/CA

Court of Appeal held that Kabilima Jean Damascène failed to prove an alibi, upheld witness and documentary evidence, and convicted him of genocide and complicity.

• Genocide
• Accomplice liability
• Burden of proof
• Alibi defence
• Testimonial evidence
• Sentencing

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