The action and trial of offences of contempt of court vis-a-vis fair trial guarantees under Rwandan Law of Criminal procedure

Abstract

Ever since 1977 up to now, Rwandan criminal justice condemned any acts of outrage perpetrated within the course of hearing in a court or tribunal against the court or its officers to the extent that the contemnor could be imprisoned and fined. From then and hitherto, it was and it is indeed convenient to halt and sanction any behavioral and disobedient practice or manners which could hamper the smooth running of the court work activities since there has to be an absolute order within the court and its regular activities. However, there are potential challenges to the legal nature of the standards employed in measuring the fairness of a trial. For instance the contemnor is denied of the right to defend oneself in person or through legal counsel, or the right to adequate time and facilities for the preparation of a defense, or the right to a competent, independent and impartial tribunal established by law because he or she may immediately be sentenced by the court notwithstanding its jurisdictional competence; and in addition to respecting no other procedural formalities; he or she is not allowed to take the floor with regard to the offence alleged to commit. The issue at stake is the approach in which the condemnation of those acts constituting offenses of contempt of court is adjudicated. Some significant range of international and domestic human rights of the defendant were and are compromised despite the fact that they are the key legal norms that ought to be utilized in ensuring that the criminal trial be fair. The present dissertation is all about all issues pertaining the action and trial of offenses of contempt of court in regard with the right to fair trial in Rwanda.