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Rwanda decisions
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Urukiko rw’Ubujurire rwemeje ko Nahimana Jean de Dieu ahamwa n’icuruzwa ry’abantu, ariko rugabanya igihano kiva ku myaka 20 n’ihazabu ya 20.000.000 frw kigera ku myaka 15 n’ihazabu ya 15.000.000 frw.
The Court of Appeal refused a criminal revision application, holding that the alleged new evidence was not new or decisive under Article 197.
The Court of Appeal held that the evidence relied on to reopen the case was not new and dismissed Habumugisha Hamza’s application for review.
The core binding principles are: (1) appellate courts must show, at least implicitly, that all material arguments and evidence were considered, but need not address each individually; (2) sentences cannot be increased on appeal if only the defendant appeals; (3) conspiracy to commit genocide is treated as genocide for intent and punishment; (4) accomplice liability in genocide does not require intent to destroy the group, only knowing assistance; (5) attempt liability does not apply to terrorist group membership; (6) new evidence for retrial must be truly new and material; (7) only parents or…
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The Court of Appeal established binding principles on calculation of appeal deadlines, mandatory payment of withholding tax, distinction between civil and commercial acts, contract classification, recusal standards, sentencing discretion and mitigation, procedural limits on appellate arguments, modification of charges, proportionality in drug sentencing, and retroactive application of interpretive ministerial orders.
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A Court of Appeal booklet compiling Rwanda precedents on jurisdiction, bankruptcy, procurement, sentencing, evidence, and criminal procedure.
Voluntary interveners in criminal appeals who join at the first appellate stage cannot appeal to the Court of Appeal if the principal sentence does not meet the statutory threshold; only involuntary interveners may appeal once if adversely affected. Confessions at investigation are not nullified by later denial; only confessions at investigation or first instance are mitigating. Sentence reduction on appeal is permitted only if lower courts failed to adequately consider mitigating factors. Judicial discretion governs the acceptance of evidence, including hearsay, and the assessment of mitigat…
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Digest of Court of Appeal precedents from March 2024 on criminal procedure, sentencing, evidence, appeals, and selected civil and commercial rules.
Cases at different procedural levels cannot be joined for joint hearing; if joined, the resulting judgment is void and matters revert to their prior state. Land title is conclusive evidence of ownership unless the challenger provides indisputable proof. Guilty plea is mitigating only if made unequivocally before close of first instance trial. Appeal grounds must be timely unless jurisdictional. Drug offences are distinguished by quantity and intent. Recusal must be based on personal relationship or interest. Second appeal on non-existent law requires actual reliance on such law. Courts may re…
Source excerpt
The Court of Appeal rejected Kaburere Gérard’s application to review a criminal judgment, finding the alleged new evidence was not decisive or properly admissible.
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