Re INGABIRE UMUHOZA (FOND)
Article 106 of Law No 27/2019, as amended, does not violate the Constitution. The court's power to order the prosecution to investigate individuals mentioned during trial does not amount to judicial encroachment on prosecutorial functions or breach the presumption of innocence. The judiciary does not conduct investigations or dictate prosecutorial outcomes, but acts within its constitutional mandate to ensure justice and complementarity among state organs. The provision is consistent with the separation of powers, prosecutorial independence, and the right to a fair trial.
Source excerpt
- Separation of powers
- Presumption of innocence
- Judicial powers
- Prosecutorial independence
- Criminal investigations