Ingabire faces six criminal charges, including forming a criminal group, inciting unrest, undermining the government, disseminating false information intended to discredit the state abroad, spreading rumours, and planning acts intended to destabilise public order.
On August 4, Ingabire appeared before the Nyarugenge Intermediate Court to appeal the lower court's July ruling, seeking provisional release. She submitted eight arguments in support of her request, challenging the legality of her continued detention.
Her appeal cited, among others, alleged procedural violations, the expiration of statutory limits on certain charges, inconsistencies between the law used to detain her and constitutional provisions, and the assertion that she had not been granted adequate legal representation. Ingabire argued that her preferred lawyer from Kenya had been denied temporary practice rights in Rwanda.
In its ruling, the court found that Ingabire had been adequately represented by Me Gatera Gashabana throughout all proceedings, and dismissed claims of legal misrepresentation. It further ruled that the Prosecution had acted within its rights in submitting its response through the court's electronic filing system, even if submitted late.
The court also rejected Ingabire's challenge to the constitutionality of Article 106, which was used as the legal basis for her detention. It held that the issue was not directly relevant to the decision taken by the lower court.
Addressing the defence's claim that certain charges, such as inciting public disorder and spreading rumours, were time-barred, the court concluded that investigations were ongoing and that the alleged offences continued to have legal effect, particularly in the case of online content that remains publicly accessible.
The court cited several elements to justify continued detention, including audio recordings allegedly involving Ingabire and others discussing protest planning, testimony from associates, and digital evidence linked to platforms such as YouTube and Umubavu TV. It also referenced communication between Ingabire and alleged co-conspirators, including messages instructing the distribution of anti-government leaflets.
Claims that the evidence was unlawfully obtained were also dismissed, with the court noting that such matters would be considered at the substantive trial stage rather than during the remand process.
The court ultimately found that the prosecution had presented sufficient grounds to justify Ingabire's continued detention as investigations proceed, and ruled that she remain held at Nyarugenge Prison in Mageragere.
IGIHE
Source : https://en.igihe.com/news/article/nyarugenge-court-upholds-30-day-detention-for-victoire-ingabire
