In a cabinet meeting held on October 18, President Paul Kagame granted pardons to 32 convicts and approved the release of an additional 2,017 prisoners on parole. Among those pardoned were individuals who previously held government positions, including Edouard Bamporiki, the former Minister of State for Culture; Retired Commissioner General Emmanuel Gasana, a former Governor of Eastern Province; Christian Rwankunda, the former Permanent Secretary at the Ministry of Infrastructure; and Eric Serubibi, the former Director General of the Rwanda Housing Authority. ALSO READ: Former minister Bamporiki, Governor Gasana among prisoners pardoned by President Kagame This presidential decision has raised questions about whether those pardoned can be able to hold public office again. Moise Nkundabarashi, a lawyer, said in an interview with The New Times that receiving a pardon or parole does not equate to being declared innocent. Under the 2020 law establishing the general statute governing public servants, individuals who have served prison sentences of six months or more are banned from holding public office. However, Nkundabarashi noted that there is a legal avenue for those who seek to regain eligibility for public office through a process known as rehabilitation. This involves appealing to the High Court to restore one’s civil rights. For those convicted of crimes related to military service, the petition must be filed with the Military High Court. If granted, rehabilitation can allow an individual to return to public service or any other role requiring a clean criminal record. “In most cases, it is difficult to bypass the six-month conviction criteria,” Nkundabarashi said. The law governing public servants, in its Article 9, outlines the requirements for entering public service. It requires that any person who has been definitively sentenced to a prison term equal to or exceeding six months is ineligible for public service. Additionally, those who have been dismissed from office must undergo rehabilitation before they can return to public roles. Importantly, anyone convicted of genocide, genocide ideology, or related crimes is permanently barred from public office, regardless of rehabilitation. Conditions for rehabilitation To be eligible for rehabilitation, a convicted person must provide proof of payment of court fees, fines, and damages, or an exemption from these payments. If unable to pay, the individual can present a certificate of indigence, issued by the relevant authorities, indicating that they are too impoverished to afford these penalties. In such cases, rehabilitation may be granted even if the full amount has not been paid. The time frame for applying for rehabilitation Article 246 of the law relating to the criminal procedure specifies that rehabilitation can be requested five years after a conviction becomes final or from the date of release from prison, provided the individual has demonstrated good behavior during that period. For repeat offenders or those whose sentences have expired by statute of limitations, the waiting period is extended to ten years. Applications for rehabilitation must be submitted to either the High Court or the Military High Court, depending on the nature of the crime. The application must include details of the conviction and all places the individual has lived since their release. Upon receiving the application, the court forwards it to the Public Prosecution or Military Prosecution for their input on the applicant’s conduct. The prosecution has 30 days to provide this advice, after which the court renders its decision within one month. Court decision on rehabilitation The same law outlines that after reviewing the prosecution’s advice and hearing from the applicant, the court may either accept or reject the rehabilitation request. If the application is denied due to failure to meet the time requirements outlined in Article 246, the applicant may reapply only after the specified period has passed. In cases where the application is rejected for other reasons, the individual may submit a new request after a two-year waiting period. This legal framework underscores the procedure for pardoned individuals seeking to return to public service, highlighting the importance of rehabilitation in restoring their civil rights.
