Procedure (as modified and complemented by
Article 19 of the Law no 20/2006 of modified and
complemented by Article 19 of 22/4/2006), which
provides that “when a person is detained
unlawfully, …….. A judge or magistrate then makes
an order arresting or releasing the person on bail …
That for the purposes of investigations and the
gravity of the charges against Lieutenant Colonel
Rugigana Ngabo, which require enough time and
security precautions, the military prosecution
complied with Article 100 of the Rwandan Criminal
procedures, which provides that “An order
authorizing for preventive detention remains in
force for 30 days including the day on which it was
delivered. After the expiry of that time, it can be
renewed for one month and shall continue in that
manner.” The same Article provides that the time
cannot be extended after one year for felonies. The
crime against Lieutenant Colonel Rugigana Ngabo
is qualified as felony under Article 20 of Rwandan
Criminal Code.”
34. Further to this clear admission that the detention of the Subject
was unlawful for a period of five (5) months, we have the
unchallenged Submission by Counsel for the Applicant that:
“The Laws of Rwanda provide that a person
arrested shall not be detained beyond forty eight
(48) hours before being taken to court, or released
(sic). The Laws of Rwanda further provide that
REFERENCE NO.8 OF 2010
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