Rwanda Case Law

UBUSHINJACYAHA v. HAVYARIMANA

Court

Court of Appeal

Case number

RPA 00017/2020/CA

The accused's actions—recruiting, organizing, and transporting five individuals under false pretenses, instructing them to lie at the border, and seeking to derive benefit from their exploitation—constitute the completed offence of trafficking in persons under Rwandan law, not merely attempted trafficking. The intended benefit need not be realized for the offence to be complete.

Source excerpt

• Trafficking in persons
• Elements of trafficking
• Intent and benefit in trafficking
• Appeal against conviction
• Sentencing

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UBUSHINJACYAHA v. NGENDAKURIYO

Court

Court of Appeal

Case number

RPA 00018/2020/CA

The Court of Appeal held that Ngendakuriyo Ladislas's acts of recruiting and transporting two women with the intent to traffic them abroad constituted the completed offence of participating in removing persons from Rwanda for the purpose of trafficking, as defined by Article 251 of Organic Law No. 01/2012/OL, not merely an attempt. The High Court erred in applying Article 252 instead of Article 251. The sentence was adjusted accordingly, and since the appellant had already served the maximum sentence under Article 251, he was to be released immediately.

Source excerpt

• Trafficking in persons
• Attempted trafficking
• Sentencing
• Appeal procedure

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UBUSHINJACYAHA v KANKINDI

Court

Court of Appeal

Case number

RPA 00016/2019/CA

The Court of Appeal upheld Kankindi Joselyne’s conviction for human trafficking, holding that the victim’s consent did not negate liability where deceptive transport methods were used.

• Trafficking in persons
• Elements of trafficking
• Consent of victim
• Sentencing
• Appeal procedure
• Human-trafficking

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UBUSHINJACYAHA v KANKINDI

Court

Court of Appeal

Case number

RPA 00016/2019/CA

The Court of Appeal upheld Kankindi Joselyne’s conviction for human trafficking, holding that the victim’s consent did not negate liability.

• Trafficking in persons
• Elements of trafficking
• Consent of victim
• Sentencing
• Appeal procedure
• Human-trafficking

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