Agnes Uwimana-Nkusi & Saidati Mukakibibi v. Rwanda - 426/12



228.     Based on the above,  the African  Commission on Human and  Peoples':

i.  Finds  that  the  Republic  of  Rwanda  has  violated  Article   9(2) of  the African  Charter on Human and  Peoples' Rights;
ii. Finds  no  violation of Articles  7(1) (b)  and  Article 7(2) of the  African Charter on Human and  Peoples  Rights; and
iii. Finds   that  Rwanda's current  laws   which  criminalize  and   stipulate custodial sentences for  defamation and  insults are in  violation of the right to freedom of expression as protected by the African Charter;
iv. Requests the Republic of Rwanda to:
a)  Amend its laws  on defamation and  insult to bring  them  in compliance with  Article  9 of the African  Charter on Human and  Peoples Rights by repealing custodial sentences for  acts of defamation and  insults, and ensuring that  sanctions against defamation are necessary and proportionate to the legitimate aim served as guided by principles of the African  Charter on Human and Peoples' Rights, including reflecting the higher standard  imposed in relation to public  officials;
b)  Pay    adequate   monetary   compensation   to    the    Complainants   in accordance with  the  applicable domestic law  for  the  violation of their rights as found by the  Commission in paragraphs 209, 226 and  228 (i) and  (ii) above;  and
c)   Inform the Commission of all measures taken to implement this decision within 180 days in line with  Rule  112 (2) of the Commission's Rules of Procedure.

Done  in Banjul, Republic of The  Gambia, at the  65th Ordinary Session of the African Commission on Human and  Peoples' Rights held from 21 October - 10 November 2019