Rwanda Case Law

UBUSHINJACYAHA v MBARUSHIMANA

Court

Court of Appeal

Case number

RPA/GEN 00006/2019/CA

The court held that the defendant was provided legal representation in accordance with the law, was not tried twice for the same offence as the Gacaca judgment was set aside before trial, and that prosecution for international crimes was lawful under both international and domestic law, regardless of the date of enactment. The court found the evidence, including testimony from convicted persons and hearsay, was lawfully admitted and corroborated. Convictions for both genocide and conspiracy to commit genocide, and for genocide and extermination as crimes against humanity, were upheld as the o…

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• Genocide
• Crimes against humanity
• Extradition
• Right to fair trial
• Evidence law
• Non bis in idem

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UBUSHINJACYAHA vs. MUGIMBA Jean Baptiste

Court

High Court

Case number

RP/GEN 00002/2017/HC/HCCIC

The court found that Mugimba Jean Baptiste organized a meeting at his home on 08/04/1994 where a plan to kill Tutsi was made, lists of victims were drawn, and weapons were requested and later distributed, which constituted conspiracy to commit genocide and complicity in genocide. The court held that credible testimony, especially from DAM and DFM, established these facts beyond reasonable doubt. The court further held that prosecution was not barred by the principle of non-retroactivity due to the jus cogens nature of the crime of genocide and subsequent legislative provisions allowing prosec…

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• Genocide
• Conspiracy to commit genocide
• Complicity in genocide
• Extradition
• Criminal procedure
• Evidence

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UBUSHINJACYAHA v. MUGESERA

Court

Court of Appeal

Case number

RP/GEN 00003/2019/CA

The Court of Appeal upheld Mugesera Léon’s conviction for incitement to genocide and crimes against humanity, rejecting jurisdiction, fair-trial, and evidence challenges.

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

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UBUSHINJACYAHA vs. NTAGANZWA Ladislas

Court

High Court

Case number

RP/GEN 00001/2016/HC/HCCI

The court found that Ntaganzwa Ladislas, as Bourgmestre and MDR leader, intentionally organized, ordered, and participated in attacks against Tutsi civilians in Nyakizu, including at Cyahinda parish and surrounding areas, resulting in mass killings and sexual violence. The court held that minor inconsistencies in witness testimony did not undermine the core facts, and that documentary evidence and international jurisprudence supported the prosecution's case. The court rejected the defense's arguments on lack of intent, authority, and retroactivity, holding that genocide and crimes against hum…

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• Genocide
• Crimes against humanity
• Extermination
• Rape
• Command responsibility
• Incitement to genocide

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PROSECUTION v. MURINZI ET. AL

Court

Supreme Court

Case number

RPAA0148/11/CS

The Supreme Court upheld findings of attempted armed robbery, reduced sentences under the newer penal code, and ordered the respondents’ immediate release.

• Attempted armed robbery
• Penalty reduction
• Mitigating circumstances
• Retroactivity of criminal law
• Constructive possession
• Incriminating evidence

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KARANGIRA v. IYABURUNGA_144386_kn

Court

Supreme Court

Case number

RPA0076/15/CS

Sentences imposed by different judgments for different offences must be served consecutively, not concurrently, unless the law expressly provides otherwise. The appellant's continued detention was lawful as he had not completed all sentences. The respondent is entitled to partial damages for costs incurred in defending the suit.

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• Illegal detention
• Concurrent sentences
• Execution of sentences
• Retroactivity of criminal law
• Damages for wrongful suit

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