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Criminal law RLR V.2 2021

PROSECUTION v. MUGESERA

The Court of Appeal held that Mugesera Léon was properly convicted of incitement to commit genocide and crimes against humanity (persecution) for his public speeches in 1992, notably the Kabaya speech, which called for violence against Tutsi and political opponents. The court found that international crimes were prosecutable under Rwandan and international law at the time, that the right to counsel and fair trial was not violated as delays were due to defense conduct, that the presumption of innocence was not breached by public statements, that the Kabaya speech cassette was authentic and cor…

  • Genocide
  • Crimes against humanity
  • Incitement to genocide
  • Fair trial rights
  • Judicial independence
  • Non-retroactivity of criminal law
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