The right to an interpreter;
• The right to consult a lawyer;
• The right to appeal against a charge;
• The right to be visited at a reasonable time by Consular staff, and by members of your family;
• If unwell, the right to be examined by a doctor.
Legal Representation
Consular staff cannot give legal advice, but they can provide you with a list of lawyers (available at:
http://kigali.usembassy.gov/attorneys_in_rwanda.html), most of whom speak English, French and Kinyarwanda.
Categories of ChargesSerious Offenses
- A
felony is a crime punishable mainly by imprisonment of more than five years. Felonies
are tried at the “Haut Court” or High Court, with only one appeal available.
Possible examples (not exhaustive) include: murder, rape, armed robbery, political incitement, treason, drugs, major fraud.
- A
misdemeanor is a crime punishable mainly by imprisonment of a term exceeding six months but not exceeding five years. Misdemeanor crimes are tried in the “Tribunal de Grand Instance,” with two appeals available.
Possible examples include: Civil / commercial disputes and corruption.
Minor Offenses- A
petty offense is a crime punishable by imprisonment not exceeding six months or by a fine. Petty offences are tried at the “Tribunal de Base,” with three appeals available.
Possible examples (not exhaustive) include: traffic offenses (including drunk driving), petty theft.
Can I get Bail?
Yes, but it must be paid by a person of “high moral standing” (the guarantor). The decision rests with the judge. You will have to surrender your passport to the Rwandese authorities to prevent you from leaving the country. If you do leave the country, the guarantor must forfeit the bail set by the judge, and other penalties may apply. The guarantor must pay compensation for any damages caused by the accused.
Interpreters and TranslatorsThe use of interpreters and translators is permitted although you will likely have to hire one yourself. The Government of Rwanda should provide them in theory, but in practice this is very difficult and can subject your trial to lengthy bureaucratic delays.
What happens at the trial?A summons setting out the offense, the law punishing the offense, and whether you will appear in person or be represented by a counsel, will be read.
The presiding judge or magistrate will conduct the trial in the following order:
1. The court clerk calls upon parties to the case;
2. The court clerk reads out your particulars and the offenses for which you are being
charged;
3. The court asks whether you admit or deny the charges;
4. The prosecution provides evidence against you to the judge;
5. You and your defense team present your case to the judge;
6. Witnesses for the prosecution and defense are called;
7. Expert witnesses and / or exhibits are heard or shown (if necessary);
8. The civil party (if applicable) explains his / her claim;
9. The prosecution wraps up its case;
10. You or your defense team wrap up your case;
11.The court clerk reads a summary of the hearing before it is signed;
12.The hearing is declared closed and the presiding judge or magistrate informs the parties
present when the judgement will be delivered (maximum 30 days).
Hearings are conducted in public. However, a court can order the hearing to be conducted on camera (not broadcast to the public) if it deems the case detrimental to the public good.
After Conviction
SentencesThe judgment should be confirmed within 30 days of the hearing.
The judgment should indicate the following:
1. the court which delivered it;
2. your details, the civil party and the person liable to pay damages;
3. the offenses for which you are charged;
4. an account of steps taken during the investigation and hearing;
5. the submissions of the parties;
6. the reasons for the judgment;
7. the legal provision which has been applied;
8. the offense for which the accused is convicted, if guilty;
9. the sentences passed;
10. the damages to pay, if any;
11. a decision on seized assets, if any;
12. the presence or absence of parties at the trial;
13. whether the hearing was conducted in public or on camera and whether the judgment was delivered in public;
14. the date and place of delivery of judgment;
15. the name of any judge who disagreed with the judgment, and his / her reasons for dissenting;
16. the names of trial judge(s) or magistrate(s);
17. the name of the court clerk.
The judgment should also indicate an itemized bill of court costs (approximately $30 equivalent in Rwanda francs), prepared by a court clerk and approved by the president of the court, and mention the timeframe within which to file an appeal.
The trial judges or magistrates sign the judgment as well as the court clerk present when it is delivered.
AppealThe following persons may lodge an appeal:
1. you;
2. the person liable to pay damages;
3. the civil party or persons who have been automatically awarded damages (civil claims
only);
4. The prosecution.
An appeal should be lodged within 30 days of the judgment.
Parole
Parole, known as conditional release in Rwanda, is possible. You must serve at least one quarter of the sentence before it will be considered.
Parole will be considered for good behavior or if you suffer from serious and incurable diseases. Parole conditions are as follows: