Rwanda
Ministerial Order determining the Modalities for Execution of the Penalty Ban on entry into a Place or Restriction of Movement
Ministerial Order 5 of 2014
- Published in Official Gazette special on 12 February 2014
- Assented to on 11 February 2014
- Commenced on 12 February 2014
- [This is the version of this document from 12 February 2014.]
Article One – Purpose of this Order
This Order determines modalities for the execution of the penalty of ban on entry into a place or restriction of movement.Article 2 – Definition of terms
1°Ban on entry into a place: order prohibiting a convict from certain places;2°Restriction of movement: obligation for a convict to reside in certain placesArticle 3 – Duration of the penalty
The duration of ban on entry into a place and that of restriction of movement shall be six (6) months to five (5) years.Article 4 – Persons who can be subject to the ban on entry into a place or restriction of movement
The ban on entry into a place or restriction of movement may, except where expressly provided otherwise by law, be ordered against:1°any person sentenced to a term of imprisonment of more than one (1) year;2°any person who, after being sentenced to a term of imprisonment of at least six (6) months, is sentenced again to a term of imprisonment of at least six (6) months within a period of five (5) years after completion of the first sentence or its prescription.Article 5 – Obligations imposed to the convict
A convicted person who is ordered by court to remain or not to remain in a certain place must avail himself/herself at least once (1) a week to the Prosecutor at primary level where he/she is ordered to be unless the court decides otherwise. The court may extend that period upon request in writing by the Prosecutor if there are reasonable grounds.Article 6 – Permission for entering a prohibited place or leave a required place
A convicted person to the penalty of ban on entry into a place or restriction of movement who has reasonable grounds to enter a prohibited place or leave a place he/she is required to stay shall ask permission in writing to the President of the primary court where he/she is serving the sentence. The President may seek advice to the Prosecutor at primary level before taking a decision on that request.If the reasons for which the convicted person is requesting permission are urgent, the President of the court must take a decision within twenty-four hours (24) from the request has reached the court.However, for urgent medical reasons, a convicted person may enter a prohibited place or leave a place he/she is required to stay and inform the President of the Primary Court where he/she is serving the sentence after recovering from sickness.Article 7 – Disrespect of orders by the convict
If the convicted person to the ban on entry into a place or restriction of movement disrespects obligations imposed on him/her, he/she shall serve the remaining sentence in prison after the decision of the court which rendered the judgement upon request by the Chief Intermediate Prosecutor where the convicted person is serving the sentence.Article 8 – Repealing provision
All prior provisions contrary to this Order are hereby repealed.Article 9 – Commencement
This Order shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.History of this document
12 February 2014 this version
Commenced
11 February 2014
Assented to