II. JUDICIAL SYSTEM DURING THE COLONIAL PERIOD

Starting in 1917, the President of the Court and the Deputy (Le Président du Tribunal ou son Suppliant) were empowered to perform the functions of the Public Prosecution. This continued until July 5, 1948, when a Royal Decree established the Prosecutor’s Office as a distinct entity separate from the Court. The Prosecutor’s Office was headed by the Chief Prosecutor, who was based in Leopoldville, currently known as Kinshasa. In Rwanda, there was an Assistant Chief Prosecutor, who was named De Rode. The Assistant Chief Prosecutor was based in Usumbura, currently known as Bujumbura (Burundi), and had jurisdiction over the entire territory of Rwanda-Urundi (Procureur auprès du Tribunal de première Instance du Ruanda-Urundi).

The Public Prosecution curried out its functions in all courts in Rwanda and Burundi (Tribunal de première Instance, Cour d’ Appel, and Conseil de Guerre), except for the local courts (Tribunal de Police), where the President of the Court also served as the Prosecutor. The Prosecution was overseen by the Governor of Rwanda and Burundi (autorité de tutelle), who was also managed by the Minister responsible for the colonies in the Belgian government. Although the head office of Prosecutor for Rwanda - Urundi was located in Usumbura, there was a Prosecutor’s Office for Burundi based in Gitega and a Prosecutor’s Office for Rwanda based in Kigali, both managed by the Chief Substitutes of the King's Prosecutor (from Belgium), who handled crimes for which the law prescribed a minimum sentence of imprisonment starting from six months upwards. After preparing the charges, they would forward them to the King’s Prosecutor in Usumbura to request the court to set a date for the hearing; as lesser offenses fell under the jurisdiction of the Territorial Administration. It is worth noting that appeals for cases decided by the Primary Court of Rwanda - Urundi were handled by the Chief Prosecutor in the Court of Appeal in Elizabetiville (Lubumbashi). Shortly before independence (between July 1, 1960, and June 30, 1962), the primary court of Rwanda was located in the IRSAC (Institut de Recherche Scientifique en Afrique Centrale) in Mamba-Butare, presided over by a Belgian judge. At that time, the headquarters of the Prosecution, initially in Kigali, was relocated to the City of Butare in the IRSAC building.

(University Extension) was also headed by the Chief Substitute of the King's Prosecutor of Belgium. The law enacted in August 1962 established the structure and authority of the courts; while the law of July 30, 1964, set up the Statute of the Prosecution, which established the Prosecutor’s Office in Rwanda but did not change its structure or support, except for the support related to jurisdiction, as the country had recently gained independence.

In 2003, Rwanda adopted a new constitution that upheld the principle of separation of powers. It established an independent judiciary system separate from the legislative assembly and the government. For the first time in the history of Rwandan judiciary system, the functions of the Public Prosecution were merged into one entity: the Office of the National Public Prosecution was responsible for investigating and prosecuting crimes committed on Rwandan territory or by Rwandans.