The Rwanda Investigation Bureau (RIB) Secretary General, Jeannot Ruhunga, on Thursday, January 23, explained grounds for detaining children suspected of offences punishable with less than five-year imprisonment, despite the fact that the law provides otherwise.
He was speaking during a public hearing in which the Lower House's Committee on Unity, Human Rights and Fight against Genocide, was analysing the report of the National Commission for Human Rights for the fiscal year 2023/2024.
ALSO READ: MPs urge family ministry to expedite orders on child protection
According to a 2018 law relating to the protection of the child, except in case of recidivism [repeating a crime], a child cannot be on remand during the judiciary inquiries, whatever charges against him/her.
A child can be on remand only where the charges against him/her are punishable with a term of imprisonment of more than five years, it stipulates, adding that the period of a child's remand should not exceed 15 days and court decision for such a remand cannot be extended.
Also, it adds, an investigator shall have powers to suggest a compromise between a child, his/her parent or guardian and the victim of the offence and such a compromise shall be approved by a prosecutor when such an offence is punishable by a term of imprisonment not more than five years.
However, the commission reported that the evaluation it carried out found that among 210 children who were in detention stations, only 32 were under recidivism category, while 178 were first-time crime suspects.
It added that 82 of them were being prosecuted for offenses punishable with imprisonment of more than five years, while 96 faced offenses whose penalty is less than five years.
The commission observed that 178 children were in custody in contravention of child protection law and requested the Rwanda investigation Bureau and the National Public Prosecution Authority, to carry out an inspection in all detention stations so that all illegally detained children be released.
It also requested the two public organs to train their personnel on handling children case files.
According to Ruhunga, there are challenges that make them find themselves in a state of necessity whereby it does not comply with the law, for public interest, including the victim.
The state of necessity is a legal concept which consists of authorising an illegal action to prevent the occurrence of more serious damage.
Ruhunga pointed out that despite having no previous court conviction records, hence no legally recognised recidivism, some of them are taken to transit centres, and to Gitagata Rehabilitation Centre for male street children (which is located in Bugesera District), after being caught in wrong doings, before being taken to investigators.
ALSO READ: VIDEO: Inside Gitagata Rehabilitation Centre
He said that there are children who are implicated in wrong acts, and the community is not welcoming them because of their bad habit.
He said that a 16-year-old or 17-year-old child has some level of maturity, adding that when they were brought up in criminality, it becomes a problem to society such that prosecuting them while free from custody is challenging, citing a child suspected of having stabbed someone.
Even, most children implicated in wrong acts do not have address, he added.
He said that there is no certainty about the appearance of such children before prosecution, and court for trial, and even their whereabouts after conviction verdict.
"Will he/she appear [before prosecution], a child who started using drugs aged 12 or nine," he wondered, adding that there such children among suspects.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
Also, he said, there are cases whereby, when an accused is immediately released after being suspected of committing a crime such as goat and phone theft, people beat them to death because they do not have trust that anything will be done when the suspect is taken to law enforcement entities.
"There are many challenges we face, which, in the justice interest for the victim and the accused, make us take a decision to continue detaining them because we realise there is no other way we can protect public interest," he said.
"The law is good, it is in line with the protection of child rights, but in terms of its implementation, we sometimes found ourselves in state of necessity where implementing it is challenging because other major interests to protect," he observed.
