Lawyer petitions court over RIB's 'unconstitutional' searches
Kigali-based lawyer Edward Murangwa has petitioned the Supreme Court to examine the constitutionality of the Rwanda Investigation Bureau (RIB)'s powers to conduct investigative searches in people's homes and other premises without a court warrant.
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Article 10 of the law establishing RIB grants investigators the power to search a person or premises without a warrant if there are reasonable grounds to suspect that a criminal act is being committed or the premises contain an object used in committing a crime.
A search warrant is an order in writing commanding a law enforcement officer to search a specified person or premises. In some countries such a document is issued by a judge or magistrate.
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Murangwa's petition is mainly based on the claim that investigative searches infringe on human rights and thus, the judiciary – the government organ assigned with human rights oversight – should approve the searches first.
According to the petition, investigative searches without a judicial warrant violate the 43rd article of the Constitution, which reads, "The Judiciary is the guardian of human rights and freedoms. This duty is exercised in accordance with this Constitution and other laws."
Murangwa argued that RIB is part of the Executive branch of the Government, not the Judiciary, and if investigators issue search warrants for themselves, they violate article 61 of the Constitution, which provided that the Legislature, Executive, and Judiciary are separate and independent from each other but are all complementary.
Murangwa also cited article 23 of the Constitution, which protects people's homes from infringement unless under circumstances determined by the law. It 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. Confidentiality of correspondence and communication shall not be waived except in circumstances and in accordance with procedures determined by the law."
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Meanwhile, as part of the petition, Murangwa also prayed to court to order the police and RIB to stop parading suspects before the media and "forcing" them to talk to journalists.
The practice, he argues, contravenes article 29 of the Constitution, which provides that people are presumed innocent until proven guilty by a competent court.
He also asked court to order media houses or social media users who took pictures and videos of paraded suspects to delete them.
The Supreme Court set May 24 as the date when the petition will be heard.
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