CASE No RPAA 0039/14 / CS Page |1 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. 1