CASE No RPAA 0039/14 / CS

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THE SUPREME COURT SITTING IN KIGALI HEARING CRIMINAL CASES, PUBLICLY
DECIDED ON CASE No RPAA 0039/14 / CS ON 22/09/2017 AS FOLLOWS:
………………………………………………………………………………………………………
PARTIES:
THE PROSECUTION represented by HABINEZA Jean Damascène, National Prosecutor
Versus
HABYARIMANA Donatien (appellant), son of HITIMANA and MUKAMURIGO, born in
1986, in GASEKE Village, BURARE Cell, TUMBA Sector, RULINDO District, Northern
Province, where he lives and resides, a Rwandan, a farmer, single, he does not own property,
he is in prison1

OFFENCE
Rape of a child, a crime provided for and punishable by Articles 33 and 34 of Law No. 27/2001
of 2001 Relating to Rights and Protection of the Child Against Violence
SUBJECT: Appeal against the judgment RPA0598/14/HC/KIG of 20/02/2015
I.

FACTS AND PROCEDURE

1. In the case RP 0034/09 / TGI / GIC decided by the Gicumbi High Court on
15/05/2009, HABYARIMANA was convicted of rape against a 14-year-old
MUKAMANA Françoise and sentenced to life imprisonment and a fine of 200,000
Frw.

2. HABYARIMANA appealed against the judgement on the grounds that the
plaintiff had not been questioned during the investigation, witnesses had not been
questioned and he had not transmitted any disease to the alleged victim. In the
judgment RP 0052/14 / TGI / GIC issued on 30/07/2014, the Gicumbi High
Court, declared the appeal inadmissible stating that it was not filed in accordance
the appropriate procedure and law.

3. HABYARIMANA appealed to the High Court, stating that he had been given a
severe sentence and that his offence did not entail serious consequences. In the
judgment RPA 0598/14 / HC / KIG, which ruled that HABYARIMANA
Donatien's appeal was inadmissible because it was not done in accordance with

The judgment of the High Court contains a mistake as it states that HABYARIMANA Donatien is the son of
INYASI and IKIZANYE, born in 1991, in COKO-GAKENKE-Northern Province.
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