National Police and the National Prosecution Authority for observance of the
minimum standard of respect for human rights in detention facilities. Article
139 of the Rwandan Constitution provides for the National Human Rights
Commission whose mandate is to educate, mobilize the people on matters
relating to human rights, examine violations and carry out investigations on
violations of human rights carried out in Rwanda by state organs, public
officials, organizations and individuals. Particularly, Rwanda has of recent
removed from its legislation the sentence/penalty of solitary confinement.
This is a great step in the improvement of the dignity of prisoners and their
freedom from torture.
82. The Rwandan Penal Code includes the punishment of torture in its Articles
176 and 177 and defines torture as any act by which severe pain or suffering,
whether physical or mental, inhuman, cruel or degrading, are intentionally
inflicted on a person for such purposes as obtaining from him/her or a third
person, especially information or a confession, punishing him/her of an act
he/she or a third person committed or is suspected of having committed, or
intimidating him/her or coercing him/her or a third person or for any other
reason based on discrimination of any kind.
83. Any person, who inflicts torture on another person, shall be liable to a term
of imprisonment of six (6) months to two (2) years. If torture results in either
incurable illness, permanent incapacity to work, full loss of function of an
organ or serious mutilation, the penalty shall be a term of imprisonment of
more than five (5) years to seven (7) years. If such torture results in the death
of the victim, the punishment shall be life imprisonment with special
provisions. If the offences under Paragraphs one and 2 of this Article are
committed by a Judicial Police Officer or a Prosecutor or any other security
service officer or civil servant, the offender shall be liable to the provided
maximum penalty.
84. Additionally, Article 6 of the law on evidence provides that it is “forbidden
to tie, beat torture, brainwash or resort to any cruel or degrading methods to
extort a confession from a party or testimony from witnesses.” These forms of
evidence are prohibited under the law and have no legal effect before a
judge. The Constitution of the Republic of Rwanda in its Article 24 provides
that every person has a right to inviolable and inalienable right to liberty. It
provides that the person's liberty is guaranteed by the State. No one shall be
subjected to prosecution, arrest, detention or punishment on account of any
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