Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Rwanda’s Constitution (2003) provides:
A state of emergency and a state of siege shall be governed by the law and declared by the President of the Republic, following a decision of the Cabinet.
A declaration of a state of siege or of a state of emergency shall not under any circumstances violate the right to life and physical integrity of the person.
Rwanda’s Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes (2003) provides:
A war crime is one of the following acts, committed during armed conflicts against persons or property protected under the Geneva Conventions of 12 August 1949 and its Additional Protocols I and II of 8 June 1977:
2° torture or other inhuman treatment, including biological experiments;
3° wilfully causing great suffering, or serious injury to body or health;
Shall be punished by one of the following penalties any person having committed one of the war crimes provided for in Article 8 of this law:
1° the death penalty or life imprisonment where he has committed a crime provided for in point 1°, 2°, 3°, 9°, 11° or 16° of Article 8 of this law;
“War crime” shall also mean any of the following acts committed in armed conflicts:
12° mistreatment of persons detained or interned.
Anyone who commits one of the war crimes provided for in Article 10 of this law shall be punished by the following penalties:
2° imprisonment for ten (10) to twenty (20) years, where he has committed a crime provided for in point 3°, 8°, 11° or 12° of Article 10 of this law.