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Munyandilikirwa v Republic of Rwanda (Order) (Application 023-2015)

African Court on Human and Peoples' Rights · [2016] AfCHPR 66 · 2016 Application to Continue AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Procedural order following respondent's withdrawal of declaration accepting Court's jurisdiction under Article 34(6) of the Protocol
Decision
Application to continue — withdrawal of declaration has no effect on pending proceedings

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court decided to continue examining the application despite Rwanda's withdrawal of its declaration accepting the Court's jurisdiction. Following its ruling in Ingabire Victoire Umuhoza v Republic of Rwanda, the Court held that withdrawal of the declaration does not suspend proceedings in cases filed before the withdrawal was deposited.

Outcome

Application to continue — withdrawal of declaration has no effect on pending proceedings

Facts

Laurent Munyandilikirwa filed an application against Rwanda on 23 September 2015. Rwanda had ratified the African Charter on 22 July 1983 and the Protocol on 6 June 2003, and deposited a declaration accepting the Court's competence to receive cases from individuals on 22 June 2013. On 29 February 2016, Rwanda deposited an instrument withdrawing its Article 34(6) declaration and requested suspension of all hearings. 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 pending applications.

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

International Human Rights Courts — Jurisdiction — Effect of Withdrawal of Optional Declaration
A state's withdrawal of its declaration accepting an international court's jurisdiction to receive individual applications does not affect applications that were filed before the withdrawal was deposited.

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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The original judgment as reported. Read the original PDF before relying on any passage.

Munyandilikirwa v Republic of Rwanda (Order) (Application 023-2015) [2016] AfCHPR 66 (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.