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Constitutional law [2015] 4 RLR

Re INGABIRE

The Supreme Court held that the action to repeal article 4 of law nº 33 bis/2003 was inadmissible as the provision had already been abrogated. The action to repeal articles 4-9 of law n°18/2008 was also inadmissible as those articles had been repealed by new penal provisions. The claim regarding articles 2 and 3 of law n°18/2008 was admitted but found to lack merit, as these articles are not contrary to the Constitution; they provide sufficient clarity and permissible limitations on freedom of expression to prevent incitement to genocide.

  • Constitutionality of statutes
  • Freedom of expression
  • Genocide ideology
  • Criminal procedure
  • Repeal of statutory provisions
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