Law No. 9/1996 of 8 September 1996 relating to Provisional Modificaitons to the Criminal Procedure Code

We, Pasteur BIZIMUNGU, President of the Republic of Rwanda,

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

The Transitional National Assembly meeting in its session of 23rd August 1996

Given the Fundamental Law and, in particular, the Constitution of 10th 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 23rd February 1963 establishing the Code de procédure pénale, as amended, in particular Articles 4 and 37 to 57;

Given that the genocide and massacres which were perpetrated in Rwanda, in particular from 6th April 1994 constitute crimes against humanity;

Given that, as of that date, the country has been subject to serious troubles and armed conflict within its borders, preventing the judicial institutions from operating;

Given that this situation has resulted in the total disintegration of institutions and of the judicial system, the effects of which persist;

Given that as of 6th April 1994 the Republic of Rwanda faced an exceptional public danger threatening the very existence of the nation, as described in Article 4, paragraph 1 of the International Covenant on Civil and Political Rights and as described in Article 12 of the Constitution, as amended and completed;

Given that it is necessary to temporarily derogate from certain rules set out in the Criminal Procedure Code;

Given that it thus becomes imperative to provisionally modify certain provisions of the Criminal Procedure Code;

ADOPTS:

Article 1

With respect to persons in provisional detention as of the dale of publication of this law, the following derogation's from the provisions of the Criminal Procedure Code are made:

1) The arrest record provided for in Article 4 shall be prepared by 31st December 1997 at the latest;

2) The provisional arrest wan ant in respect of each accused, provided for in Article 38, shall issue not later than 31st December 1997;

3) The appearance before a judge provided for in Article 38 shall have taken place by 31st December 1997 at the latest, or, where the arrest warrant has been issued within the last three months of 1997, within ninety days following the issuance of the arrest warrant at the latest;

4) The validity of the preventive detention order provided for in Article 41 is extended to six months for all orders issued on or before 31st December 1997.

Article 2

With respect to persons arrested or placed in provisional detention between the date of publication of this law and 31st December 1997, the following derogation's from the provisions of the Criminal Procedure Code are made:

1) The arrest record provided for in Article 4 shall be prepared within 30 days of arrest;

2) The provisional arrest warrant in respect of each accused, provided for in Article 38 shall issue within four months of arrest;

3) The appearance before a judge provided for in Article 38 shall have taken place within three months of the issuance of the provisional arrest warrant;

4) The validity of the preventive detention order provided for in Article 41 is extended to six months for all orders issued on or before 31st December 1997.

Article 3

With respect to persons arrested or placed in provisional detention between 1st January 1998 and 16th July 1999, the following derogation's from the provisions of the Criminal Procedure Code are made:

1) The arrest record provided for in Article 4 shall be prepared within five days of arrest;

2) The provisional arrest warrant in respect of each accused, provided for in Article 38, shall issue within one month of arrest;

3) The appearance before a judge provided for in Article 38, 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 is extended to two months for all orders issued on or before 16th July 1999.

Article 4

Notwithstanding the provisions of Article 39 and Article 55, paragraph 2, of the Criminal Procedure Code, the ruling on preventive detention or provisional release shall, in all cases, be made by a judge designated by the President of the competent court or another judge acting in his place in the event of his absence.

Article 5

Notwithstanding the provisions of Article 40, paragraph 3, and Article 55, paragraph 4, the ruling shall, in all cases, be made within fifteen days of the appearance.

Article 6

The rights of appeal provided for in Articles 46 to 52 and Article 56 shall, in all cases, until 16th July 1999 inclusive, not apply to persons prosecuted for acts constituting the crime of genocide and crimes against humanity.

Article 7

This law is written in the three official languages of the Republic of Rwanda, the version in Kinyarwanda being considered as original.

Article 8

This law comes into force on the date of its publication in the Official Journal of the Republic of Rwanda and is effective as of 6th April 1994.

Kigali, 8th September 1996

The President of the Republic Pasteur BIZIMUNGU (sé)

The Prime Minister Pierre Celestin RWIGEMA (sé)

The Minister of Justice Marthe MUKAMURENZI (sé)

Seen and Sealed with the Seal of the Republic

The Minister of Justice Marthe MUKAMURENZI (sé)

Comments:
This is the official text as published in the Official Gazette of the Republic of Rwanda.Year 35, No. 18, dated 15 September 1996. Eventhough this Law entered into force on 15 September 1996, it was effective as of 6 April 1994 (Article 8). Please note that this Law is further amended by the LEGAL/REFLEG/e/1442;
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