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Rwanda Case Law

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Constitutional law RLR V.4-2021

Re ASIIMWE

The Supreme Court held that while the right to a first appeal is fundamental and cannot be unduly restricted, the legislature may impose reasonable limitations on second appeals for legitimate purposes. However, denying second appeals solely on the basis that the appellant pleaded guilty, while allowing them for those who pleaded not guilty, constitutes unjustified discrimination and violates the principle of equality before the law under Article 15 of the Constitution. The relevant parts of Articles 46(2) and 52(3) of Law No. 30/2018 are therefore unconstitutional to the extent that they den…

  • Right to appeal
  • Equality before the law
  • Judicial powers
  • Limitations on appeals
  • Fair trial
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Constitutional law RS/INCONST/SPEC 00004/2020/SC

Re ASIIMWE

The court held that limiting second appeals for those who lost on the same grounds in lower courts does not violate the right to a fair trial, as the right to a first appeal is fundamental and sufficient, and extraordinary remedies remain available. However, denying second appeals solely to those who pleaded guilty, while allowing them for those who pleaded not guilty, constitutes unjustified discrimination and violates the principle of equality before the law.

  • Right to appeal
  • Equality before the law
  • Judicial powers
  • Limitations on appeals
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