Kigali-based lawyer Edward Murangwa has petitioned the Supreme Court to examine the constitutionality of the Rwanda Investigation Bureau (RIB)'s powers to conduct investigative searches in people's homes and other premises without a court warrant.
The 10th article of the law that establishes RIB grants investigators the power to search a person or premises without a warrant if there are reasonable grounds to suspect that a criminal act is being committed or an object used in committing a crime or useful for criminal investigations.
A search warrant is an order in writing commanding a law enforcement officer to search a specified person or premises. In many countries, including neighboring ones like Kenya and Uganda, such a document is issued by a judge or magistrate.
Murangwa's petition is mainly based on the claim that investigative searches infringe on human rights and the judiciary, the government organ assigned with human rights oversight, should approve the searches first.
According to the petition, investigative searches without a judicial warrant violate the 43rd article of the constitution, which says, "The Judiciary is the guardian of human rights and freedoms. This duty is exercised in accordance with this Constitution and other laws."
Murangwa added that RIB is part of the Executive branch of the government, not the Judiciary, and if investigators issue search warrants for themselves, they violate article 61 of the constitution, which says that the Legislature, Executive, and Judiciary are separate and independent from each other but are all complementary.
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Murangwa also cited article 23 of the constitution, which protects people's homes from infringement unless under circumstances determined by the law. It reads, "A person's home is inviolable.
No search or entry into a home shall be carried out without the consent of the owner, except in circumstances and in accordance with procedures determined by the law. Confidentiality of correspondence and communication shall not be waived except in circumstances and in accordance with procedures determined by the law."
Meanwhile, as part of the petition, Murangwa requested that the court order the police and investigation agencies to stop parading suspects to the media and "forcing" them to talk to journalists.
Such a practice is against article 29 of the constitution, which says that people are presumed innocent until proven guilty by a competent court.
He also asked the court to order media houses or social media journalists who took pictures and videos of paraded suspects to delete them.
The Supreme Court has set May 24 as the date when the petition will be heard.
