Two suspects who were on remand in connection with Olga Kayirangwa's alleged murder were released, the judiciary confirmed on Tuesday, November 19. At the time, Judiciary spokesperson Harrison Mutabazi told The New Times that this came following the prosecutors' request for their release since there was no sufficient evidence pinning them on the alleged crime. ALSO READ: Olga Kayirangwa murder suspects released over insufficient evidence What does the law say? Article 24(5) of the 2019 law governing criminal procedure outlines the responsibilities of a prosecutor upon receiving a case file. Among these responsibilities is the authority to close a case file. This decision can be made if: the constituent elements of an offence are incomplete, or if the perpetrator of the offence is unknown, and when there is a termination of criminal action. ALSO READ: Olga Kayirangwa murder case: Prosecutors, defence clash in appeal Also, the prosecutor can opt to close the case when he or she believes that pursuing the case is unnecessary, or there is another legal reason warranting closure. The same law emphasizes that closing a case file is an administrative decision. However, this decision does not prevent the continuation of investigations if further incriminating evidence is discovered, provided the criminal action has not yet expired. Victims and suspects must be notified of the decision within 30 days of its issuance. Additional responsibilities of prosecutors According to the law, upon receiving a case file, a prosecutor has various responsibilities, including filing the case with the court. If the case file is deemed complete, the prosecutor must submit it to the competent court immediately. If the evidence in the file is deemed insufficient, the prosecutor can order additional investigations. In cases where mediation is considered the best remedy for the victim and a constructive approach for the suspect, the prosecutor can initiate this process. Mediation applies when the offence is not punishable by imprisonment exceeding five years. In specific situations, the prosecutor may impose a fine without requiring a court trial and plea bargaining where the prosecutor may also initiate plea bargaining as an alternative resolution method.
