CASE RPA 0224/11 / HC / MUS Page |1 THE MUSANZE HIGH COURT, SITTING IN MUSANZE AT ITS HEADQUARTERS, HEARD THE CRIMINAL CASE RPA 0224/11 / HC / MUS ON APPEAL AGAINST PROVISIONAL DETENTION AND DECIDED ON 27/08/2011 AS FOLLOWS: PARTIES APPELLANT: Gashugi Christian, son of Gashugi John and Mukagakwandi Christine, born in Kanserege Cell, Gikondo Sector, Kicukiro District in Kigali city in 1981, where he is a resident, living in Gatorwa Village, Cyabararika Cell, Muhoza Sector, Musanze District in the Northern Province, is a Rwandan who works in the conveyor industry. DEFENDANT: The prosecution, represented by Nkusi Faustin, a national prosecutor. SUBJECT: Appeal against the decision of provisional detention nº 0157/011, taken by the Musanze High Court on 07/06/2011. II. FACTS AND PROCEDURE [1] Gashugi Christian was arrested by the judicial police in the night of 30/05/2011 on suspicion of raping a 14-year-old girl named Uwineza Florence. After a police investigation the case was handed over to the prosecution for further investigation. The prosecution requested the Musanze High Court to authorize provisional detention of Gashugi Christian while investigation continues. [2] After reviewing the submissions of both parties, the Musanze High Court took decision nº 0157/011 authorizing the prosecution's investigation to continue for thirty days while Gashugi Christian was remanded in custody. Dissatisfied with the decision, the accused appealed to the Musanze High Court, and his complaint was recorded under RPA 0224/11 / HC / MUS. The case involves two issues that the court must consider, the first of which is to determine whether the statements of the deponents who have knowledge of Gashugi Christian’s suspected crime, namely Uwineza Florence, Ndayambaje Antoine nicknamed Gasaza and Iyamuremye Amisadab, disclose enough reasons to suspect that Gashugi Christian is responsible for rape thus justifying his provisional detention, and the second question is whether the report of the doctor who examined Uwineza Florence disproves the validity of the first instance court's reasons for suspecting that Gashugi Christian committed the crime.

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