IHRDA SGBV Database

RPA 0325/15/HC/MUS

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THE MUSANZE HIGH COURT, AT ITS HEADQUARTERS, HEARING CRIMINAL
CASES ON APPEAL, ON 13/10/2015, DECIDES AS FOLLOWS:

PARTIES
PROSECUTOR
APPELANT: UWIMANA David, son of NTAWUZABINO Assiel and KAZIHISE
Capitoline, born in 1989, living in Kabyaza village, Mbatabata cell, Kamubuga sector,
Gakenke District, Northern Province.

OFFENCE: Child defilement. (Appeal against the provisional detention order of
UWIMANA David, issued by the Musanze High Court, on 14/09/2015).

I. FACTS AND PROCEDURE
1. UWIMANA David appealed the decision ordering his provisional detention, issued by
the Musanze High Court on 14/09/2015. He is charged with raping a 15-year-old girl
HAGENIMANA Angélique. UWIMANA explained that the Court did not provide
compelling reasons for his remand in custody. The prosecutor submits that UWIMANA's
appeal was unfounded, and therefore requested that the decision under appeal be
upheld.
2. The issue to be considered is whether UWIMANA David's appeal is well-founded.

II. ANALYSIS OF THE ISSUE IN THE CASE
Whether the appeal of UWIMANA David is founded.
3. In the first instance, the Court ordered provisional detention of UWIMANA David on
charges of defilement of a 15-year-old HAGENIMANA Angélique. The Court relied on
serious grounds including that during his questioning by the judicial police on 22/
08/2015, UWIMANA explained that he planned to have sex with HAGENIMANA but
he did have sex with her; and witness NKURUNZIZA Alfred questioned by the judicial
police on 22/08/2015, said that he heard HAGENIMANA crying and saying she was
being sexually assaulted and when asked about the author, she said David from
NTAWUZABINO’s house.