INSTITUTE OF LEGAL PRACTICE AND DEVOLPMENT
Mode: DLP WEEKEND Mode
Intake 5– NYANZA
Module 2: INTERVIEWING
COURSE: INDIVIDUAL RESEARCH EXERCISE
A suspect can undergo a client -Lawyer interview, an interrogation by the Prosecution, and a
Court interview being either free or under custody. It may happen for the status of being free
or for being under custody to influence the conduct of those interviews and interrogation.
Please discuss the above statement in alignment with ILPD guidelines for research exercise
writing.
PREPARED BY: DLP/PTWE/2024/3913
Module Leader: Cyridion NSENGUMUREMYI
Done at Nyanza, on 21 st March,
2025
I. INTRODUCTION
As far as this individual research exercise is concerning to address the statement about the
suspect undergoing a client-lawyer interview, interrogation by the prosecution, and a Court
interview while being either free or under custody, I’m going to analyze the possible impacts of
the suspect's status which is mean free or under custody) on these processes. Moreover, I will
align the discussion with the guidelines for research exercise writing as provided by the Institute
of Legal Practice and Development (ILPD). These guidelines often emphasize clarity, relevance,
accuracy, proper referencing, and a structured approach.
So, under Rwandan legal culture as in most developed legal system the status of suspect or
interviewers whether they are free or under custody can significantly influence the conduct of
their legal proceedings which are including client -Lawyer interview, Prosecution interrogations
and Court interview. These stages/phrases of the legal process are subject to specific laws,
Constitutional protections and practices both are influenced by whether the suspect is free or
under custody. The followings are the phrase a discussion of how this dynamic plays out in the
Rwandan context and even on international level, including the legal protections that are in place
to safeguard suspects’ and interviewers’ rights.
II. PHRASES OF LEGAL PROCESS
A. Client-Lawyer Interview
As it is provided by law, every person has a right to counsel and Rwandan legal system provides
that a right to council is a fundamental protection that insures the suspects have an access to a
lawyer at a various stages of the legal process, including client-lawyer interview. 1 The principle
is that a lawyer must have an interview within his or her client in the office or in law firm but
there are some exceptions, where interviewing may carry out of the office, it happens in the
office for the issue of confidentiality, concentration, charge, prestige and independent. So,
professionally we have to meet our clients in the office.
1
See Art.29 of Constitution of the Republic of Rwanda, of 2023.
The client-lawyer interview, also known as a consultation, is a crucial stage where the suspect
and their legal representative discuss the case, rights, and defense strategies. 2 The status of the
suspect (whether they are free or under custody) can impact the dynamics of this interview.
i. Custodial suspects
Basing on the Constitution of the Republic of Rwanda, it provides that when a suspect is under
custody, his or her ability to access a lawyer may be limited but the law says that every
individual has a right to fair trial3 which include access to a Legal counsel. As a student of ILPD,
in practice of this is that the detainees in Rwanda may face limitations on the frequency of their
meetings with Lawyers, and these meeting may be subject to monitoring. Here, I can give a
strictly example whereby a detained suspect may have limited time to meet with their lawyer or
face practical challenges due to the detention facility’s procedures, this may cause a delays on
legal counsel to impede the preparation of defense and consequently a fair trial.
On the other side of international legal system, the law provide that detainees must have
adequate time and facilities to consult with legal counsel, but the logistical realities of detention
can undermine this right. Custodial suspects may also feel under pressure or psychologically
strained, which could affect the quality of the interview. 4 And not so, the situation is more
complicated, the suspect who are under custody may face restrictions on the frequency, duration,
and privacy of their meetings with legal counsel, and Custody can affect the suspect's mental
state, leading to feelings of fear, anxiety, or a sense of helplessness, which might influence the
quality of the interview and the clarity of information provided.
ii. Free suspects
According to Rwandan law, is a principle that a suspect normally remains free during
investigation.5 This suspect who is free has a great chance to access legal counsel, this means that
he/she can meet with a lawyer privately and without restrictions to discuss the details of the case
and free suspect can generally seek legal advice at any time, making it easier for them to prepare
2
See, Client-lawyer interview, available at [Link]
client-interviewing accessed on 19th March,2025
3
See art. 13 ibid
4
See art 14 of International Covenant on Civil and Political Rights.
5
See art. 66 al 1 of law nº 027/2019 of 19/09/2019 Law relating to the criminal procedure as it is revised to date.
their defense. Rwandan law provides that the right to legal assistance is crucial for ensuring a fair
trial, and lawyers can help inform suspects of their rights and explain the legal process in detail.
Normally, when the suspect is free, they typically have the ability to meet with their lawyer in a
more relaxed environment, and the consultation may take place without restrictions. This
freedom can lead to a more thorough and open discussion. The suspect may feel less pressure
and might be more willing to provide detailed information regarding their case.
B. Interrogation by the Prosecution
One of the role of Prosecutor in his or her daily work is interrogating the suspects and sometimes
witnesses who are expected to involved in crime committed. 6 The prosecution's interrogation
refers to the questioning of the suspect by law enforcement or state prosecutors with the aim of
gathering evidence or confessions, the suspect's status can significantly influence the nature of
the interrogation.
a. Free suspects
Under Rwandan law, a Suspect who is free is entitled to the right to remain silent during
prosecution interrogation and even in investigation. 7 This right of to remain silent it is not the
exception on the Rwandan Judiciary it is also aligned with international human rights standards,
such as those articulated in the international covenant on civil and political rights which has
ratified by Rwanda. A suspect who is free can also choose to be interrogated in the presence of a
lawyer, this provides significant protection against self-incrimination during interrogation and it
cannot be taken as a crime. 8 Furthermore, the Rwandan criminal procedure code requires that the
suspect be informed of the charges against them and their right to remain silent, this reduces of
forced confessions.
On the other hand, there is less immediate pressure on them during an interrogation. They are
likely in a more relaxed state, which might reduce the risk of forced or coerced confessions.
However, they may still face psychological pressure, especially if they do not have a clear
understanding of their legal rights or if they are not represented by a lawyer. International
6
See art. 45 ibid
7
See art. 54 al 2 ibid
8
See art.254 of law nº 68/2018 of 30/08/2018 determining offences and penalties in general as it is revised to date
standards under the ICCPR emphasize that individuals must be informed of their rights during an
interrogation, such as the right to remain silent and the right to legal counsel. If these rights are
respected, an interrogation of a free suspect may be more fair.
Briefly, a suspect who is free may feel more empowered and have the ability to negotiate the
terms of their interrogation, such as requesting breaks or having their lawyer present. They may
also have more control over the flow of the conversation and might be less likely to feel forced
into making statements under pressure
b. Suspect who is under custody
In contrast, everyone arrested or taken into custody has the right to be informed of grounds for
arrest and their rights including the right to inform his lawyer or any other person of his choice.
A suspect who is in custody his or her situation become difficult, but even if the situation is
complex a suspect must be informed about his/her rights, including the right to remain silent and
the right to legal counsel9 where a suspect and his/her lawyer have a private communication. 10 If
a suspect is unable to get a legal counsel, the investigator or the prosecutor informs the President
of the Bar Association for him or her to assign a legal counsel to the suspect.
However, when detained, suspects may experience significant pressure from being in
confinement, which can influence their ability to speak freely during the interrogation, a suspect
in custody has the right to be informed of the reason for their detention and has the right to
access a lawyer, this time of provisional detention and provisional arrant for five days which is
non-renewable.11 a suspect in custody might be subject to amplified pressure during
interrogation, as they are physically detained and may experience a sense of urgency to secure
their release.
Moreover, Rwandan laws safeguards to prevent torture or ill-treatment during interrogations. 12 It
is not only the written laws provided this right but also the National Commission for human
9
See art [Link] 2 ibid
10
See art. 46 ibid
11
See art. 35 ibid
12
See art 112 ibid 7.
rights oversees compliance with these protections. 13 This legal framework aims to insure that any
statement made by a suspect during the interrogation is voluntary and not forced.
on the other side, sometime an interrogation is carried on against a witness who is not
cooperating with the investigator or prosecutor by not disclosing some important piece of
information which is material to the investigation. 14 It is also a case which can lead to a witness
in custody if he/she provides a false testimonies and Any person having participated in the
commission of an offence may be heard as a witness.15
C. Court interview
The Court interview refers to the appearance of suspect before the Court or Jury, and it involves
a formal questioning of the suspect in front of the Judge, it can also be influenced by whether the
suspect is free or under custody. This is a vital part of the trial phrase where the accused can
present a defense, challenging evidence and be cross-examined. 16 The judges examine whether
the present parties are prosecuted freely or if they are detained. The status of being free or in
custody can impact how this stage of the process is conducted.
The law provides that, when the court is seized to hear the case on its merits while the accused is
detained, the accused remains in detention until the judgment is pronounced or the court decides
otherwise. If he or she was not in detention or was provisionally released before the court is
seized to hear the case on its merits, he or she is tried while free. 17 Here, the status of the suspect
may again influence the process:
1) Free suspects
Under Rwanda legal system, the suspects who appear the Court freely are generally able to
participate fully in the trial process. On the side of getting legal representation, they have easy
access to their lawyer not only that the document which are in the judicial system, and other
13
National Commission for Human Rights of Rwanda (NCHR) – UPR Submission- Republic of Rwanda- 23 rd
session- November 2015. Point 17.
14
J. NIYITEGEKA, visiting Lecturer at ILPD –NYANZA, 2023, Suspect interrogation and witness interview,
Power point slide 11.
15
See page 23 ibid
16
See art. 127, ibid 4.
17
See Art. 96, ibid 4.
necessary resources like witnesses, experts or time to prepare their defense which can lead to a
more effective court interview.
The law provide that the suspects can attend Court hearings without any difficulties or
restrictions imposed by detention, and they are less likely to experience stress or psychological
pressure, which can affect their performance in court. Each criminal case must adhere substantial
principles.18 And the procedure of conducting hearing.
If the accused who is free during the trial is sentenced to imprisonment, he or she remains free
when he or she has filed an appeal against the judgement. 19 This is indicate that the suspects have
a full freedom before the Court and each question asked should be relevant to the suspects for the
best interest of Justice. A Judge, at all times, refrain from engaging in questions that can
demonstrate partiality or questions that can indicate the direction of the case before the final
judgment.20
2) Custodial Suspects
The detained suspects who is under custody, before the starting of hearing may be transported
from detention facilities to Court, which can be logically difficult and time consuming leading to
delays, this sometimes lead to the suspension of cases, and other ruled out through technology
(skype). A suspect under custody may face several challenges during the Court interview. 21
Moreover, the presence of the suspect before the court may be impacted by the rules surrounding
security and the management of detainees in custody.
Custodial suspects may also experience psychological pressures that influence their ability to
participate fully in the trial process, particularly if they have been held in detention for a long
period before trial, detained suspect has the right to a fair trial and the opportunity to defend
themselves.22 They have the right to cross-examine witnesses and present evidence. 23 However,
18
See art 126, ibid 4.
19
See art 186 al 1, ibid 4.
20
See art. 127 al 2, ibid 4.
21
See case number, RPA/ECON 00055/2021/HC/MUS, Prosecution v MUKESHIMANA and others, 13 th April
2022, p.4.
22
See Art.29 al (a), ibid 1.
23
See art 127 al (10°), ibid 4.
custodial conditions can still affect their ability to engage effectively in their defense. In practice,
detained suspects may also face barriers in communicating with their lawyers or may be limited
in their ability to prepare for trial adequately, which may undermine the fairness of the trial.
III. CONCLUSION
To sum up this individual research exercise, a status of suspect whether he or she free or under
custody can play a significant impact on the conduct of Client-lawyer interviews, interrogation
by the prosecutor and Court interview. For free suspects, the legal system allows more accessible
and unrestricted access to legal representation or counsel, this leads to the reduction of pressure
during interviewing, interrogation and less practical challenges during the Court process. In
contrast, a suspect who is in custody faces practical and psychological pressures that can hinder
their ability to prepare for the defense and engage effectively with the legal process.
So, as ILPD’s student I can encourage those judicial personnel to apply the law in each single
process because the law provides several safeguards to ensure the rights of suspect regardless of
their custody status, if the concerned parties doing so, their tasks will be appropriate and Justice
will be derived purely.
IV. BIBLIOGRAPHY
a. LEGISLATION
Rwanda Legislation
1. Constitution of the Republic of Rwanda of 2023.
2. Law nº68/2018 of 30/08/2018 determining offences and penalties in general as it is
revised to date.
3. Law nº 027/2019 of 19/09/2019 Law relating to the criminal procedure as it is revised to
date.
4. National Commission for Human Rights of Rwanda.
Foreign Legislation
1. International Covenant on Civil and Political Rights.
2. Universal declaration of human rights (UDHR) of December 1948
b. CASE LAW
1. RPA/ECON 00055/2021/HC/MUS, Prosecution v MUKESHIMANA and others, 13 th
April 2022.
c. ELECTRONIC SOURCE AND NOTE
1. Suspect interrogation and witness interview.
2. X,[Link]
interviewing
