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Rwanda Case Law

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Criminal law RPA00001/2019/CA

UBUSHINJACYAHA v. Col.BYABAGAMBA N’ABANDI

The court found that the appellants' detention conditions, including solitary confinement, did not amount to torture or inhuman treatment as minimum standards of human dignity were met. Medical care was provided adequately, and the inability to use preferred insurance or see specialists at will was not unique to prisoners and did not justify provisional release. The place of detention was a lawful extension of the designated prison. The denial of family visits was not justified and should be remedied. No exceptional circumstances warranted provisional release pending appeal.

  • Provisional release
  • Prisoners' rights
  • Solitary confinement
  • Right to health
  • Torture and inhuman treatment
  • Appeal procedure
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Criminal law [2019] 4 RLR

UBUSHINJACYAHA v. ColBYABAGAMBA N’ABANDI6_kn

The appellants failed to demonstrate that their health conditions or detention circumstances constitute exceptional grounds for provisional release. The court found that medical care provided is adequate, solitary confinement as practiced does not amount to torture or inhuman treatment, and the place of detention is a lawful extension of the designated prison. However, the right to family visits must be restored in accordance with prison regulations.

  • Provisional release
  • Prisoners' rights
  • Solitary confinement
  • Right to health
  • Torture and inhuman treatment
  • Access to medical care
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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.