Officials illegally jailing suspects to be prosecuted – minister

RCS senior officials

In an unprecedented move, government has directed the Rwanda Correctional Service (RCS) not to accept in its facilities suspects brought without orders of a judge, RNA reports.

Internal Security minister, Sheikh Musa Fazil Harelimana, said March 01 at a general meeting of senior officials from RCS headquarters and jail facilities across the country that if the jailed suspects without court orders, they themselves will be prosecuted.

“We want to stop this practice of anybody bringing a suspect to be imprisoned – which is sometimes done illegally,” said the minister. “If you accept to keep a suspect without court orders, you as the officer in charge of that given facility will be held accountable.”

Legal procedure stipulates once a suspect is arrested on a criminal offense, police can detain the suspect for not more than 72 hours. After which, the suspect is handed to the National Public Prosecution Authority (NPPA) which can only also hold the suspect for not more than seven days as it prepares a dossier.

It is from here that the authority can seek a court to maintain the suspect in preventive detention for up to 30 days – often to allow investigations to continue. It is the discretion of the judge to decide detention or bail. After that period, the case has to start in principle.

However, reports have surfaced indicating some people are in several of the country’s 13 jail facilities without formal charges – meaning they may not have been before a judge.

Minister Harelimana said prison officials should never accept suspects into their facility unless they are brought with court orders. The directive is aimed at stopping illegal detentions which are signs of impunity, said the minister.