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Rwanda Case Law

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Constitutional law RLR V.4-2021

Re KABASINGA N'UNDI

Court
Supreme Court
Case number
RS/INCONST/SPEC 00005/2020/CS

The Court held that Article 84(4), Article 92 (insofar as it prohibits reduction of sentence for mitigating circumstances), and Article 133(3) of Law No 68/2018 are unconstitutional for violating the principle of legality, the right to a fair trial, and judicial independence. Article 271 is not unconstitutional as it sufficiently defines the offence. Article 256 does not violate freedom of expression as its limitations are justified to protect the administration of justice and fair trial rights.

Source excerpt

  • Legality of criminal offences and penalties
  • Judicial independence
  • Fair trial rights
  • Freedom of expression
  • Media law
  • Statutory interpretation
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International criminal law ICTR-99-52-T

THE PROSECUTOR V. FERDINAND MAHIMANA, JEAN-BOSCO BARAYAGWIZA AND HASSAN NGEZE

Court
International Tribunal for Rwanda
Case number
ICTR-99-52-T

The accused, through their roles as founders, owners, and managers of RTLM radio, Kangura newspaper, and the CDR party, intentionally used mass media and political organization to incite, conspire, and participate in the genocide of the Tutsi population and persecution of moderate Hutu. Their actions, including hate speech, publication of lists, calls for extermination, and organizational support for killings, constituted direct and public incitement to commit genocide, conspiracy to commit genocide, genocide, and crimes against humanity. The accused's positions of authority and failure to pr…

Source excerpt

  • Genocide
  • Crimes against humanity
  • Direct and public incitement to commit genocide
  • Conspiracy to commit genocide
  • Complicity in genocide
  • Extermination
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Rwanda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.