A newly proposed draft law is seeking to grant powers to the Rwanda Investigation Bureau (RIB) to close some case files without first sending them to the prosecutors.
According to the current criminal procedure law, investigators do not have the powers to close case files even when they find it necessary. They are required to submit the case files to the National Public Prosecution Authority (NPPA) for a decision.
The NPPA has the power to close the file if the prosecutors believe that the elements that constitute an offence are incomplete, if the perpetrators of the offence are unknown, or if the prosecutors believe that prosecution is unnecessary.
In such a scenario, the suspect is released and instructed to comply with a set of conditions.
The proposed changes in the criminal procedure law suggest extension of such powers to RIB, so that prosecutors and courts will not be too burdened with many cases.
A presentation that the Minister of State in Charge of Constitution and Legal Affairs, Solina Nyirahabimana, made to the parliament regarding the proposed changes, hinted on the claim that if investigators do not have powers to close cases, it overloads the prosecution and courts with many cases which could have been resolved at investigation level.
According to the current law, the closure of the file is an administrative decision, which cannot prejudice the continuation of investigations in case officials discover any other incriminating evidence, provided there is no prescription period of the offence in the meantime.
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Commenting on the proposal, Viateur Bangayandusha, a law academician who is the dean of the Institute of Legal Practice and Development (ILPD), said such is a good initiative because it can reduce the high number of cases that reach courts, and can give an opportunity to the investigators to mediate between victims and perpetrators.
"The investigators can look at a file, and consider some factors, for example the seriousness of the crime, the pieces of evidence available and also the nature of the perpetrator - in terms of whether they have committed the crimes for the first time or not. The investigators can make a decision to bring the victim and perpetrator together so that compensation is paid, and then the file can stop there," he noted.
Asked if such a development is not a corruption risk, he noted that victims have channels of complaining in case they think their case was closed unfairly. He added that the investigators are professional and he expects them to often do a good job.
However, he called for the establishment of guidelines that will regulate the closure of cases so that the process will be done rightly.
