Right to a Fair Trial in the Administration of Criminal Justice in Rwanda

Nshimiyimana, Didace (2020) Right to a Fair Trial in the Administration of Criminal Justice in Rwanda. ["eprint_fieldopt_thesis_type_phd" not defined] thesis, The Open University of Tanzania.

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Abstract

The judicial system in a democratic society must comply with certain minimum standards for the administration of criminal justice. In international law, these standards are embedded in the right to a fair trial, which is absolutely the most important prerequisite for ensuring justice in the settlement of cases. This thesis critically analyses the extent to which Rwandan criminal judicial system complies with the right to a fair trial. The study focuses on the risk of failure of Rwandan legislator, government and judiciary to properly address the increasing potential risk of losing effective justice in a way provided by fair trial standards. It examines fair trial theories; the examination of the right to a fair trial under Rwandan law; the compliance of Rwanda’s criminal justice legal framework and the administration of criminal justice with the international standards of the right to a fair trial. The thesis used doctrinal method supplemented by empirical methods to collect primary and secondary data. Data analysis was guided by the stated research questions. Findings showed that despite attempts to reform and domesticate international conventions and agreements, Rwandan criminal judicial system still largely falls far too short of complying with the international human rights obligations related to the right to a fair trial. The thesis highlights the areas that need reform and provides recommendations which can help to make Rwandan judicial system, particularly criminal justice, compliant with the country’s international human rights obligations concerning the right to a fair trial. This study recommends that the current legal framework should be reformed and different policies and legal measures should be considered for improvement of the Rwanda’s criminal justice system.

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