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Rwanda decisions
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The Court of Appeal held that Uwayezu Emmanuel was not criminally responsible for attempted murder because expert evidence showed schizophrenia affecting his mental capacity.
The Court of Appeal held that Kamatari Jean was not criminally responsible because a mental disorder deprived him of the ability to understand or control his acts.
Muragijimana Eric is not criminally responsible for defilement of a minor because credible medical evidence and corroborating investigation established he suffered from a mental illness depriving him of understanding and self-control at the time of the offense, thus the life imprisonment sentence is set aside and he is to be placed under medical care.
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The court found that Twagiramungu Jean was present and participated in attacks that killed Tutsi civilians at Kamondo Juvénal's and Bendantunguka Daniel's homes and at Cyanika Parish, as established by consistent and corroborated witness testimony. Although there was insufficient evidence to convict him for the Musange attack and the killing of Ruzagiriza Alfred, his participation in the aforementioned attacks, together with others sharing a genocidal plan, constituted criminal liability for genocide under the basic form of joint criminal enterprise. The court concluded that Twagiramungu Jean…
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MRCD-FLN leaders are criminally liable for preparatory acts that enabled subsequent terrorist acts, not for all acts committed by subordinates; sentence reductions for guilty pleas require unequivocal admission and remorse; first-instance court erred in reducing sentences below statutory minimum without legal basis; damages may be awarded jointly to all convicted for the same crime; no incidental appeals are allowed in criminal cases.
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The Supreme Court upheld a murder conviction, rejecting an insanity defence for lack of proof, but increased civil damages for the victim’s family.
The Supreme Court found that Munyambibi Gilbert was suffering from a mental illness at the time of the offense, as confirmed by medical evidence and the circumstances of the crime, and therefore was not criminally responsible under Article 70 of the Penal Code.
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The Chamber found that the Prosecution proved beyond reasonable doubt that Callixte Kalimanzira was individually criminally responsible for genocide and direct and public incitement to commit genocide, based on his acts of aiding, abetting, and instigating killings of Tutsis, his presence and tacit approval at key meetings, and his direct and public incitement at roadblocks and public gatherings. The Chamber found the accused's alibi and challenges to witness credibility unconvincing and determined that procedural defects did not materially prejudice the defence. The Chamber dismissed the cou…
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