Wakilii

Gihana and Others v Republic of Rwanda (Order) (Application 017-2015)

African Court on Human and Peoples' Rights · [2016] AfCHPR 64 · 2016 Application to Continue Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Order on continuation of proceedings following respondent's withdrawal of declaration under Article 34(6) of the Protocol
Decision
Court to continue examining the application notwithstanding respondent's withdrawal of declaration

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights held that Rwanda's withdrawal of its declaration accepting the Court's competence to receive cases from individuals and NGOs does not affect applications filed before the withdrawal. Following its ruling in Ingabire Victoire Umuhoza v Republic of Rwanda, the Court unanimously decided to continue examining the application despite Rwanda's request to suspend proceedings.

Outcome

Court to continue examining the application notwithstanding respondent's withdrawal of declaration

Facts

On 22 July 2015, Kennedy Gihana and others filed an application against the Republic of Rwanda before the African Court on Human and Peoples' Rights. Rwanda had ratified the African Charter on 22 July 1983, the Protocol on 6 June 2003, and deposited a declaration accepting the Court's competence to receive cases from individuals and NGOs on 22 June 2013. On 29 February 2016, Rwanda deposited an instrument withdrawing its Article 34(6) declaration and requested the Court suspend all hearings involving Rwanda. The Court had already scheduled a public hearing for 4 March 2016 in another case (Ingabire Victoire Umuhoza v Republic of Rwanda). Following that hearing, the Court ordered parties to file submissions on the effect of the withdrawal and adjourned all cases against Rwanda pending its ruling. On 3 June 2016, the Court issued a ruling in the Ingabire case holding that the withdrawal had no effect on applications filed before the withdrawal.

Issues

  1. Whether Rwanda's withdrawal of its declaration under Article 34(6) of the Protocol affects pending applications filed before the withdrawal.

Orders

  • The Court unanimously decides to continue examining this Application.

Rules and key headnotes

Human Rights — International Human Rights Courts — Jurisdiction — Effect of Withdrawal of Declaration
A state's withdrawal of its declaration accepting the competence of the African Court on Human and Peoples' Rights to receive cases from individuals and non-governmental organisations under Article 34(6) of the Protocol does not affect applications that were filed before the date of withdrawal.

Legislation cited (1)

  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)

Cases cited (1)

  • Ingabire Victoire Umuhoza v Republic of Rwanda (Application No. 003/2014)

Full judgment

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Gihana and Others v Republic of Rwanda (Order) (Application 017-2015) [2016] AfCHPR 64 (3 June 2016)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.