MP Mukabalisa Advocates for Justice for Children Pressured into Confessing Crimes

By The Inspirer.

Member of Parliament Germaine Mukabalisa has raised concerns about children being detained and sometimes encouraged to admit to crimes they may not have committed in exchange for reduced sentences. She emphasized that this issue requires urgent resolution, as it often results from legal representatives not dedicating enough time to discuss case details with their young clients.

According to the law, a child (anyone under 18) facing criminal charges must have legal representation from interrogation through to court proceedings. For those unable to afford legal services, pro bono lawyers are provided, often through partnerships with NGOs focused on children’s rights or with support from the Ministry of Justice.

The 2023/2024 National Commission for Human Rights report, presented to both houses of Parliament on October 30, 2024, revealed that during an inspection at the Nyagatare Juvenile Detention Center, children reported that their legal representatives rarely appeal on their behalf due to one-year contracts that frequently expire before their cases conclude.

Other concerns included a lack of visits from their lawyers, resulting in inconsistencies during court appearances, and, disturbingly, reports of lawyers pressuring children to plead guilty to receive a more lenient sentence, even for offenses they did not commit.

MP Mukabalisa highlighted that some lawyers advise children to admit guilt for crimes they did not commit and called for proper justice for these children.

“They informed us that these children are not receiving adequate legal assistance. This issue has persisted for five years, resurfacing annually in reports, and includes cases where children are encouraged to confess to crimes they may not have committed to receive a reduced sentence due to insufficient time with their lawyers. I ask the Commission to discuss with the Ministry of Justice how they plan to address this. This has been highlighted in their reports for five years now,” she stated.

The Chairperson of the National Commission for Human Rights, Providence Umurungi, explained that the Ministry of Justice has, for years, contracted with the Bar Association, but these services are primarily for children at the appellate level.

“At the lower courts, children receive assistance from NGOs or pro bono lawyers. However, depending on the severity of the offense, cases can take time to be scheduled,” Umurungi noted.

“The Ministry of Justice funds the Bar Association, which in turn signs contracts with its members. We have urged the Ministry to monitor the Bar Association closely to ensure that contracted lawyers are genuinely representing children. This issue has persisted for years and continues to require follow-up. Although the lawyer receives funds to represent the child, many often prioritize higher-paying cases, which means the child, receiving free services, does not receive sufficient attention.”

The Ministry of Justice has been asked to resolve this issue to ensure children receive continuous and adequate representation throughout the duration of their legal proceedings.

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