post-image

Miscarriage of Justice: The Story of NSENGIMANA Viateur

Viateur NSENGIYUMVA son of Viateur RUSINGIZANDEKWE and Laurence NIYONAGIRA, born in 1996 in the Eastern province, Bugesera District, Mayange Sector, Mbyo Cell, Rugarama village was sentenced to 15 years of imprisonment for assault and battery that caused death of someone and fined 5,000,000 Rwf by the Intermediate Court of Gasabo in case RP 00832/2019/TGI/GSBO. On the night of 13th March 2019, Damascene Karemangingo was apprehended by security guards (Abanyerondo) for beating his wife and destroying their home. Upon being arrested by the security guards (Abanyerondo) he was beaten to a pulp, from where he was taken to Mbyo cell where he found other detainees including NSENGIYUMVA Viateur and Sibomana Jean Bosco. Because he had been badly beaten, it became of utmost urgency that he is taken to the hospital but died on the way there.
The security guards (Abanyerondo) threw the case on NSENGIYUMVA Viateur, claiming that he is the one who beat KAREMANGINGO Damascene to death in an effort to avoid criminal responsibility for the beating that caused his death. Through the 845 project, LAF learned of Viateur's situation, and a lawyer was appointed to help him. The court's decision to convict him was based on testimony from witnesses and a medical report that revealed the deceased's cause of death to be beating.
Unhappy with the decision of the Intermediate court of Gasabo, Nsengiyumva Viateur appealed on grounds that the Court did not take into account what the prosecution had said which is that, KERAMANGINGO was beaten by Abayenrondo the time he was taken to Mbyo cell. His appeal was registered under RPA 00006/2020/HC/KIG. Prior to issuing a verdict in the case, the High Court decided to conduct its own investigation. It visited the Mbyo Cell, where the crime had been committed, and spoke with those who knew the deceased and NSENGIYUMVA. It came out that NSENGIYUMVA Viateur's claim that he had nothing to do with KAREMANGINGO Damascene's passing was accurate. In a ruling of 31/3/2022 he was acquitted by the High Court. With emotions after the court ruled his case, Mr. Viateur NSENGIMANA said:

“I was wrongly accused of assault and battery on something I have never done. They took 2 years of my life but I am glad I am a freeman now thanks to LAF lawyers. It is in my duty now to help those in need as I was helped when I needed it the most. The justice sector needs us all to put our efforts together to build it and make it better.