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Rwanda decisions
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The Supreme Court held that articles 2 and 3 of Rwanda’s genocide ideology law are constitutional, while dismissing moot challenges to repealed provisions.
The High Court dismissed a criminal appeal by Twagiranyagasani Augustin, upheld his genocide ideology conviction, and maintained the six-year sentence and fine.
The High Court upheld a 6-year sentence and fine for genocide ideology, holding that a guilty plea did not justify reduction because the appellant was a recidivist.
The High Court allowed Habonimana Faustin’s appeal, finding the prosecution failed to prove genocide ideology beyond reasonable doubt and ordering his release.
The Supreme Court held that the action to repeal article 4 of law nº 33 bis/2003 was inadmissible as the provision had already been abrogated. The action to repeal articles 4-9 of law n°18/2008 was also inadmissible as those articles had been repealed by new penal provisions. The claim regarding articles 2 and 3 of law n°18/2008 was admitted but found to lack merit, as these articles are not contrary to the Constitution; they provide sufficient clarity and permissible limitations on freedom of expression to prevent incitement to genocide.
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The Supreme Court of Rwanda dismissed Ingabire’s constitutional petition, finding one challenged provision already abrogated and upholding genocide-ideology offences.
The Supreme Court held that Article 4 of Law nÂş 33 bis/2003 was no longer in force at the time of judgment, rendering the petition moot. Articles 2 and 3 of Law nÂş 18/2008 are not unconstitutionally vague and do not infringe the constitutional right to freedom of expression, as such rights may be restricted by law to protect public order and prevent incitement to genocide. The need for legislative clarification does not amount to unconstitutionality.
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