A court case challenging the legality of Rwanda Investigation Bureau (RIB)'s authority to conduct searches without a court warrant is scheduled for a retrial due to recent constitutional amendments.
The case, initially presented to the Supreme Court in May of this year by lawyer Edward Murangwa, had its verdict initially slated for July but was subsequently rescheduled for September after a panel of judges reviewed it. However, before the September hearing, significant constitutional changes were introduced by the government, necessitating a fresh examination of the case.
The retrial is now set for November 28.
Under the current legal framework, RIB investigators possess the power to carry out searches without a warrant if there exists reasonable grounds to suspect a criminal act or the presence of objects linked to a crime.
Murangwa's petition seeks to prompt the Supreme Court to re-evaluate the alignment of RIB's search powers with specific articles of the constitution. A search warrant is a written order permitting law enforcement officers to search a specific person or premises, typically issued by a judge or magistrate in some countries.
Murangwa's primary argument revolves around the assertion that investigative searches infringe upon human rights. Therefore, he contends that the judiciary, as the entity responsible for overseeing human rights, should authorize such actions. He underscores that conducting investigative searches without a judicial warrant violates Article 43 of the Constitution, which stipulates, "The Judiciary is the guardian of human rights and freedoms, exercised in accordance with this Constitution and other laws."
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Additionally, Murangwa refers to Article 23 of the Constitution, which safeguards individuals' homes from unwarranted intrusion, except in circumstances defined by the law. The article 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."
During a previous hearing, state attorneys representing the government, Spéciose Kabibi and Petronille Kayitesi, argued that while government branches are independent, they work in cooperation with mutual trust and complement each other. They cited examples from other countries where search warrants are often seen as formalities, with judges occasionally providing investigators with blank documents to fill in the operation's details.
However, Murangwa challenged this practice, asserting that it does not adhere to due process. "A search warrant is of utmost importance in the administration of justice. If a judge simply hands it over to investigators to fill in the details, that is not justice. True justice considers both sides," he emphasized.
