Law No. 16/1997 of 26 December 1997 Modifying the Law No. 9/1996 of 8 September 1996 Relating to Provisional Modifications to the Criminal Procedure Code

We, Pasteur BIZIMUNGU,

President of the Republic,

THE TRANSITIONAL NATIONAL ASSEMBLY HAS ADOPTED AND WE SANCTION, PROMULGATE THE FOLLOWING LAW AND WE ORDER IT BE PUBLISHED IN THE OFFICIAL GAZETTE OF THE REPUBLIC OF RWANDA.

The Transitional National Assembly meeting in its session of 12^th December 1997;

Given the Fundamental Law and, in particular, the Constitution of 10^th June 1991, as amended and completed, in Articles 12, 69 and 97, and the Arusha Protocol of Agreement on Power-Sharing, in particular Articles 6-d, 40, 72 and 73;

Given the Law of 23^rd February 1963 establishing the Code de procédure pénale, as amended, in particular Articles 4 and 37 to 57;

Given the Law n°9/96 of 8^th September 1996 relating to provisional modifications to the criminal procedure code;

Given that it thus becomes imperative to modify Articles 1, 2, 3, and 6 of the Law n° 9/96 of September 1996 relating to provisional modifications of the criminal procedure code:

ADOPTS:

Article One

With respect to persons in provisional detention until 31^st December 1997, the Articles 1 and 2 of the Law n° 9/96 of 8^th September 1996 relating to the criminal procedure code are modified as follows:

1)The arrest record provided for in Article 4 of the Law of 23^rd February 1963 establishing the criminal procedure code, shall be prepare by the 31^st December 1999 at the latest.

2)The provisional arrest warrant in respect of each accused, provided for in Article 38 of the Law of 23^rd February 1963 establishing the criminal procedure code, shall issue not later than 31^st December 1999.

3)The appearance before a judge provided for in Article 38 of the Law of 23^rd February 1963 relating to the criminal procedure code shall have taken place by 31^st December 1999.

4)The validity of the preventive detention order provided for in Article 41 of the Law of 23^rd February 1963 relating to the criminal procedure code is extended to two years from the day of the order issuance.

Article 2

Article 3 of the Law n° 9/96 concerning the provisional modifications of the Law of 23^rd February 1963 relating to the criminal procedure code is modified as follows:

With respect to persons arrested or placed in provisional detention between 1^st January 2000 and 16^th July 2001, the following derogations from the provisions of the criminal procedure code are made:

1)The arrest record provided for in Article 4 of the law of 23^rd February 1963 relating to the criminal procedure code shall be prepared within five days of arrest;

2)The provisional arrest warrant in respect of each accused, provided for in Article 38 of the Law of 23^rd February 1963 relating to the criminal procedure code shall issue within one month of arrest;

3)The appearance before a judge provided for in Article 38 of the Law of 23^rd February 1963 relating to the criminal procedure code shall take place within one month of the issuance of the provisional arrest warrant;

4)The validity of the preventive detention order provided for in Article 41 of the Law of 23^rd February 1963 relating to the criminal procedure code is extended to two months for all orders issued on or before 16^th July 2001.

Article 3

Article 6 of the Law n° 9/96 of 8^th September 1996 concerning provisional modifications of the Law of 23^rd February 1963 relating to the criminal procedure code is modified as follows:

The rights of appeal provided for in Article 46 to 52 and Article 56 of the Law of 23^rd February 1963 relating to the criminal procedure code shall, in all cases, until 16^th July 2001 inclusive, not apply to persons prosecuted for acts constituting the crime of genocide and crimes against humanity

Article 4

All previous legal provisions contrary to this Law are abrogated.

Article 5

The present Law is written in the three official languages of the Republic of Rwanda, the original version being in Kinyarwanda.

Article 6

The present Law comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda and is effective from 6 April 1994.

Kigali, 26^th/12/1997

Pasteur BIZIMUNGU,
The President of the Republic
(sé)

Pierre Célestin RWIGEMA,
The Prime Minister
(sé)

Doctor Faustin NTEZILYAYO,
The Minister of Justice
(sé)

Seen and sealed with the Seal of the Republic:

Doctor Faustin NTEZILYAYO.
The Minister of Justice
(sé)