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 Page 24

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