agnes uwimana nkusi saidati mukakibibi v rwanda communication 42612 2021 achpr 526 16 april 2021

agnes uwimana nkusi saidati mukakibibi v rwanda communication 42612 2021 achpr 526 16 april 2021

The Commission found that Rwanda's criminal defamation law and the imposition of custodial sentences for defamation violated Article 9(2) of the African Charter, as such restrictions were not necessary or proportionate to the legitimate aim of protecting reputation, particularly regarding criticism of public officials. The Commission found no violation of the right to presumption of innocence or legal certainty under Article 7, as the courts did not reverse the burden of proof and the laws were sufficiently clear. However, the application of criminal sanctions for defamation, especially imprisonment, was found to be a disproportionate and unjustifiable limitation on freedom of expression.

Citation
agnes uwimana nkusi saidati mukakibibi v rwanda communication 42612 2021 achpr 526 16 april 2021
Parties
Complainant: Agnes Uwimana-Nkusi; Complainant: Saidati Mukakibibi; Respondent: Republic of Rwanda
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
16 April 2021
Procedural Posture
Communication (human Rights Complaint) / Merits Decision After Oral Hearing and Submissions
Outcome
Partial finding of violation
Legal Topics
Freedom of Expression, Defamation, National Security, Fair Trial, Presumption of Innocence, Legal Certainty, Proportionality of Sanctions
Source Language
English
Human Rights Law Criminal Law Media Law Freedom of Expression Defamation National Security Fair Trial Presumption of Innocence +2 more

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Parties

Agnes Uwimana-Nkusi

Complainant

Saidati Mukakibibi

Complainant

Republic of Rwanda

Respondent

Procedural Posture

Communication (human Rights Complaint) / Merits Decision After Oral Hearing and Submissions

Legal Issues

  1. 1 Whether Rwanda's criminal convictions and custodial sentences for defamation and threatening national security violated the right to a fair trial (Article 7) and freedom of expression (Article 9) under the African Charter.
  2. 2 Whether Rwanda's laws on criminal defamation and threatening national security are compatible with the African Charter.

Ratio Decidendi

The Commission found that Rwanda's criminal defamation law and the imposition of custodial sentences for defamation violated Article 9(2) of the African Charter, as such restrictions were not necessary or proportionate to the legitimate aim of protecting reputation, particularly regarding criticism of public officials. The Commission found no violation of the right to presumption of innocence or legal certainty under Article 7, as the courts did not reverse the burden of proof and the laws were sufficiently clear. However, the application of criminal sanctions for defamation, especially imprisonment, was found to be a disproportionate and unjustifiable limitation on freedom of expression.

Court Disposition

Partial finding of violation

Orders

  • Rwanda to amend its laws on defamation and insult to repeal custodial sentences and ensure sanctions are necessary and proportionate, especially regarding public officials.
  • Rwanda to pay adequate monetary compensation to the complainants for the violation of their rights.