CASE Nº RPAA 0036/15 / CS
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4. In its preliminary decision nº RP 0018 / Préex / 15 / CS of 17/03/2015, this Court
held that HABIMANA Djumapili's appeal was within the jurisdiction of the
Supreme Court because the High Court disregarded the principle of defense
provided for in Article 150 of Law nº 30/2013 of 24/05/2013 establishing the Penal
Procedure Code.
5. The case was publicly heard on 19/06/2017, HABIMANA Djumapili assisted by
Barrister BIZUMUREMYI Félix, while the Prosecution was represented by
SIBOYINTORE Jean Bosco, the National Prosecutor.
II.
THE ISSUES OF THE CASE AND ANALYSIS THEREOF
a. Whether HABIMANA Djumapili has committed child sexual abuse or whether
he has committed indecent assault
6. HABIMANA Djumapili alleges that he did not have sex with NTAWIHA Djanath,
that he only ejaculated on her, and that he apologizes for his indecent assault
against her. He explains that the child's mother sent him to change money owed
to her, and when he returned home he found the girl in the house, sat her of his
thighs, cajoled her to no avail, and ejaculated on her because he was drunk.
7. Barrister BIZUMUREMYI Félix, HABIMANA Djumapili's lawyer, alleges that his
client told him that the girl found him in a room when she was wearing an
underwear and a tight short. After realizing that it was impossible to insert his
penis into the girl’s vagina, he sat her on his thigh and ejaculated on her. He
concludes that his client committed child sexual abuse as provided for in Article
191 of the Law n ° 01/2012 / OL of 02/05/2012 establishing the Penal Code.
8. The Prosecution's representative argues that HABIMANA Djumapili tries to prove
that he committed no crime, but ignores the fact that child sexual abuse can be
perpetrated without sexual penetration. He adds that his line of defense before
this Court is not new because in the lower courts he pleaded not guilty, claiming
that he only ejaculated on the girl. He concludes by saying that based on Article
191 of Organic Law n ° 01/2012 / OL mentioned above, the appellant is liable to
life imprisonment with special provisions.
The Court’s analysis
9. Article 190 of Organic Law n ° 01/2012 / OL of 02/05/2012 establishing the Penal
Code provides that “child defilement means any sexual intercourse or any sexual act