RPA 00160/2016/HC/KIG
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4. The question to be answered in this case is whether BYIRINGIRO Jean Claude pleaded
guilty before the prosecution under coercion, which the first instance court ignored,
leading to his conviction.
II. ANALYSIS OF THE ISSUE
a) Whether he has pleaded guilty under coercion
5. BYIRINGIRO Jean Claude was unhappy with the decision and appealed to the High
Court, arguing that he had been convicted of child defilement while had not committed
the offence, that his conviction was based on his confession to the prosecution and that
he had explained to the High Court how his confession was obtained under duress
because some young men went to him home, beat him and ordered him to confess to the
crime, telling him they will throw him in the toilet if he does not plead guilty, but the
Court rejected his defense;
6. The Prosecution argues that this ground of appeal is unfounded, and requests that the
judgment under appeal remains unchanged;
b) The Court's analysis
7. The Court notes that, as it appears in the judgment under appeal, especially in its
paragraph 9, BYIRINGIRO Jean Claude was convicted of child defilement on the ground
of the plea of guilty before the prosecution, which the Court upheld and corroborated
with the findings of the medical report, as well as the statements of the prosecution
witnesses who charged him with the crime;
8. It also notes that the Nyarugenge High Court, in its analysis of the case, did not uphold
his denial of guilt, because BYIRINGIRO Jean Claude did not substantiate his claim that
he confessed to the crime under duress by young men who went to him home, beat him
and ordered him to confess to the crime, telling him they will throw him in the toilet if he
does not confess to the crime before the prosecution. Article 3 of the Code of Evidence in
Trial and its administration stipulates that each party must prove the veracity of his
allegation;
9. This Court agrees with the reasoning given by the first instance court, because the
transcript of his interrogation by the prosecution, in annex 11, shows that BYIRINGIRO
Jean Claude not only pleaded guilty but explained how the crime was committed. He
explained that on 2/10/2015, KAMIKAZI Raissa found him in his living room, and
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