Prosecution to mediate between victims and suspects in criminal cases
Tuesday, June 27, 2023
A prisoner with his lawyers during a hearing session during FLN trial in Kigali on February 26, 2021. Sam Ngendahimana

The government is taking steps to empower the National Public Prosecution Authority (NPPA) by granting them the authority to initiate negotiations between suspects and victims in cases where the offence committed does not warrant imprisonment exceeding five years.

The Minister of State in charge of Constitutional and Legal Affairs, Solina Nyirahabimana, revealed this development during a parliamentary session on Monday, June 26, while presenting a new draft law on criminal procedure.

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The Minister of State in charge of Constitutional and Legal Affairs, Solina Nyirahabimana addresses members of parliament on Monday, June 26. Photos by Craish Bahizi

Currently, negotiations can be initiated by the prosecution in cases where the offence carries a maximum prison term of 2 years, with exceptions for cases involving minor suspects or offences punishable by a maximum prison term of 5 years. However, Nyirahabimana highlighted that this often leads to unnecessary court filings when cases could have been resolved at the prosecution level.

"To address this issue, we have amended article 24 on the obligations of a prosecutor upon receipt of the case file to allow negotiations between the suspect and victim in cases where the offence is not punishable with a prison term exceeding five years, such as intentional assault and battery," she explained.

Nyirahabimana further emphasized that the decision to engage in negotiations will be at the discretion of the prosecution, taking into account the interests of the victims.

Members of parliament follow Minister Nyirahabimana's remarks on Monday, June 26. Photos by Craish Bahizi

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MP Veneranda Nyirahirwa praised this initiative as an effective measure to reduce congestion in correctional facilities. However, she expressed concerns regarding the attention given to cases involving minor victims.

In response, Nyirahabimana assured that thorough reviews had been conducted, and cases involving minors would receive even closer attention. She also reiterated the government's commitment to protecting children's rights.

Other proposed changes include granting judges greater flexibility to reduce penalties in cases involving mitigating circumstances, reducing the required period of imprisonment before being eligible for parole, and incorporating relevant provisions from the Organic Law terminating Gacaca Courts, among other amendments.