Above: Lawyers Isaac Bizumunemyi (left) and Herbert Rubasha (right) (Photo by John Bosco Bugingo)

Above: The President of the Kigali Bar Association (left) and IBJ Rwanda Fellow (right) (Photo by Herbet Rubasha)

The topics of provisional detention and release under Rwandan criminal Law, the principle of presumption of innocence, legally acceptable detentions, reasons for provisional detention and release, law of evidence and bail were discussed in a constructive atmosphere.

The show created momentum among listeners: many people called and sent SMS to get clarifications on concepts that they are unfamiliar with. One of them asked what the minimum age of criminal responsibility was. Another asked what steps should be taken when someone has been unlawfully detained. From the many comments, questions and messages of encouragement received, it appears clearly that the program answers needs and a curiosity that have remained unmet until now.

The next program is scheduled for Sunday 29th November 2009. Stay tuned for updates!

Above: Herbert Rubasha (left), member of IBJ Rwanda Advisory Council and John Bosco Bugingo (right) (Photo by Isaac Bizumunemyi)

The launching date is November 1st. Contact Fm, a popular radio with nationwide broadcasts, partners with IBJ to carry out this project. Adverts informing about the campaign are already on tunes in Kinyarwanda, Rwanda’s local language. Each of the 8 programs will focus on the legal rights of the accused at the different stages of the proceeding: the rights at time of arrest, the right to legal counsel, and the rights during investigation, detention and trial.

The live talk shows will feature prominent personalities of the Rwandan criminal justice system. Among them, the Bâtonnier (President of the Kigali Bar Association) Maître Vincent Karangwa will honor the first program of his presence. Bosco, IBJ Rwanda Fellow, will lead the  discussions.

Of all the media, radio is by far the most accessible, pervasive, and most effective medium for disseminating information. Research and educational organizations that monitor the reception of programs have proven that effective educational radio programs can indeed change listeners’ behavior and lead to the growth of knowledge. This is what we envision in Rwanda, so that every man, woman and child is capable of demanding respect of their legal rights in case of arrest.

Stay tuned for updates!

Above: From left to right: Me Vincent Karangwa, President of the Bar Association, Karen Tse, IBJ Founder and John Bosco Bugingo, IBJ Rwanda Fellow (Photo by Sanjeewa Liyanage)

Vandeth and Sok Kung answered each question with an in-depth discussion of the issue.  They took care to define the vocabulary that they were using, so that listeners would understand the procedure exactly.  For instance, the first question pertained to what exactly is the meaning of a “charged person.”  They explained that a suspect is someone under investigating by the police.  A charged person is under investigation by the prosecutor, and an accused person is someone who will be taken to trial for the alleged offense.

Another question concerned the meaning of an “investigating judge.”  Vandeth and Sok Kung explained that an investigating judge collects evidence in the case.  They emphasized throughout the program that investigating judges have an obligation to investigate both inculpatory and exculpatory evidence.  The investigating judge makes the final decision as to whether there is enough evidence to send a case to trial, where a trial judge will hear it.  Investigating judges can also be trial judges, but not for the same case.  This can lead to problems in provinces where there are very few judges, because felonies must be heard by three judges sitting en banc. What are they to do when there are not enough judges available?

Vandeth and Sok Kung also explained all the powers and abilities of an investigating judge.  They discussed the differences between a subpoena, which summons a person, and an order to bring, which summons a suspect who has refused to present himself to the court, and an arrest warrant, issued if the suspect flees.  In addition the investigating judge’s duties, they pointed out that the accused has certain rights, such as the right to know what charged are being brought against him, the right to a lawyer, the right to an interpreter or translator, and the right to request release from detention.

Several callers asked more specific questions, such as what to do when someone has been detained for committing a crime, when the victim swears that that person was not involved.  Vandeth and Sok Kung again emphasized the duty of the investigating judge to examine both inculpatory and exculpatory evidence.

In the end, Vandeth and Sok Kung answered questions from four on-air callers, and noted than another twenty-two persons had called in.  Unfortunately, there was not time to answer everyone’s questions in the one-hour program.  As soon as the program ended, however, their phones began ringing with people who had heard the radio program and had their own questions.