Minister Nyirahabimana allays fears over giving more powers to judges

The Minister of State in charge of Constitutional and Legal Affairs, Solina Nyirahabimana, has reaffirmed that the proposed amendments to the criminal procedure, which aim to grant judges more discretionary powers, do not pose a risk of corruption within the judiciary. ALSO READ: Proposed legislation set to expand judicial discretion Nyirahabimana made these remarks on Monday, June 26, during a parliamentary session where she presented a new draft law on criminal procedure. The proposed changes include providing judges with greater flexibility to reduce penalties in cases involving mitigating circumstances. Under the current law, judges are constrained by minimum penalties that they cannot go below when delivering verdicts in criminal cases. Additionally, certain crimes, such as defilement, cannot be mitigated by any circumstances. This limitation prevents judges from exercising their discretion in determining fair penalties, as it denies consideration of mitigating factors that could benefit the defendant, reads part of the explanatory note for the changes. The note further argued that such limitations impede the defendant's right to a fair trial. To address this issue, the draft law allows judges to reduce penalties if they approve mitigating circumstances. For instance, life imprisonment may be reduced to a minimum sentence of 10 years, while a fixed-term imprisonment of six months or more may be reduced to no less than half of the minimum sentence prescribed by the law. MP Jeanne Mukabikino expressed concerns about the potential corruption risks associated with granting judges increased discretionary powers. Mukabikino noted that the current criminal procedure is designed to rely more on existing laws rather than judges' discretion when making decisions. She argued that this structure limits opportunities for corruption, unlike a scenario in which judges possess greater discretionary powers. In light of this law, I would like to know what measures will be taken to prevent corruption, she inquired. In response, Nyirahabimana emphasized that the judiciary has developed its professionalism and administration and has implemented guidelines to regulate the work of judges and ensure they do not abuse their powers. With the presence of these guidelines, judges have a sense of responsibility in their work. If they fail to adhere to the guidelines and engage in bribery, they will be held accountable, she assured. The proposed amendments are part of the Criminal Justice Policy launched by the government last year to enhance the dispensation of justice in the country. The policy aims to gradually introduce changes to various laws, ensuring that the justice system focuses not only on punishment but also on correctional measures. Furthermore, the policy is expected to bring about additional changes in the future, including the use of Global Positioning System (GPS) bracelets as an alternative to detention. As an initial outcome of the policy, community service has been approved as a penalty for certain convicts, thereby reducing the number of individuals incarcerated.Me

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Minister Nyirahabimana allays fears over giving more powers to judges