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CASE No RPAA0127 / 08 / CS Page |1 THE SUPREME COURT SITTING IN KIGALI, HEARING CRIMINAL CASES ON 18 FEBRUARY 2011, PUBLICLY DECIDES ON CASE No RPAA0127 / 08 / CS AS FOLLOWS: PARTIES: - APPELLANT: TUYISENGE Emmanuel alias Nyagasaza, son of Uwimana and Vuguziga, born in 1986, born and living in Rushasho cell, Kanzenze sector, Rubavu, Western Province, Student, Single, first time offender. And - PUBLIC PROSECUTION Civil Party: MUKESHIMANA Gentille son of Kiromba and Mukarwego SUBJECT Appeal against Judgment No. RP 0051/08 / HC / MUS issued by the High Court, Musanze Chamber on 16/09/2008. I. FACTS AND PROCEDURE 1. On 18/01/2004 Mukeshimana Gentille was told by his three-year-old girl Niyonsaba Mutoni that Tuyisenge Emmanuel had raped her. The investigation started immediately. After Tuyisenge Emmanuel was questioned by the judicial police the case was referred to the Prosecution in Rubavu. The Prosecution filed the complaint to the Rubavu High Court which ruled on 30/11/2007 that Tuyisenge Emmanuel was guilty of rape, 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. The Court sentenced him to life imprisonment and ordered him to pay Mukeshimana Gentille a reparation of 100,000 francs. 2. Unhappy with the outcome of the case, Tuyisenge Emmanuel appealed to the High Court, Musanze Chamber, which ruled on the appeal on 16/09/2008, sentencing Tuyisenge Emmanuel to 10 years in prison and ordered him to pay compensation totaling 165,000FRW. Tuyisenge Emmanuel and Mukeshimana Gentille appealed the judgment to the Supreme Court. In a preliminary hearing, the trial judge ruled that Tuyisenge Emmanuel's appeal was admissible because it was legal and within the jurisdiction of the Supreme Court, but declared inadmissible Mukeshimana Gentille's appeal because it was not within the

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TUYISENGE Emmanuel alias Nyagasaza v. The State, 2011

Cases

Country

Latitude: -1.9951511887484676

Longitude: 29.464380020007766

Country (linked Cases): Rwanda

Court location: Rwanda: Kigali

Court: Rwanda: Supreme Court, Rwanda

Date of judgement: Feb 18, 2011

Complainant: The State

Keywords

Child offenders
Children in conflict with the law
Defilement (Rape of children)
Rape

Gender of victim

Female: Girl (under 18)

Gender of accused/perpetrator

Male: Boy (under 18)

Language: French

Summary: Emmanuel is accused of raping a 3-year-old girl. The Court of First Instance declared Emmanuel guilty and sentenced him to life imprisonment, with an order to pay reparation worth 100,000 Frw. The High Court revised the decision to 10 years in prison with reparation worth 165,000 Frw. Emmanuel and the victim's mother both appealed before the Supreme Court. The Court rejects the appeal of the victim's mother for not being within its legal jurisdiction, but receives the appeal of the accused, who argues that he was declared guilty without sufficient evidence, and that he was tried as an adult, whereas he was a minor when the incident occurred. After examining all arguments and evidence, the Supreme Court finds Emmanuel guilty of rape; holds that the act was committed when he was a minor; accords mitigating circumstances, especially for being a paternal orphan; reduces his sentence to 7 years in prison, and orders him to pay reparation worth 165,000 Frw.

Primary Documents

CS case 17 En.pdf
English
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