Umuhoza v Republic of Rwanda (Order) (Application 003-2014)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Court ordered both parties to file written submissions on the effect of Rwanda's withdrawal of its Declaration under Article 34(6) of the Protocol within fifteen days. The Court deferred ruling on the effect of the withdrawal and ordered the Applicant to file written submissions on procedural matters within fifteen days. The Respondent's request to suspend hearings was not expressly granted.

Outcome

Procedural orders issued; substantive ruling on withdrawal and procedural matters deferred pending written submissions

Facts

The Applicant, a Rwandan citizen and opposition party leader, instituted proceedings against Rwanda after being sentenced to 15 years imprisonment by Rwandan courts in 2013 for offences including spreading genocide ideology, aiding terrorism, and undermining state security. The charges arose after she returned to Rwanda in 2010 following 17 years abroad. On 1 March 2016, Rwanda deposited an instrument withdrawing its Declaration under Article 34(6) of the Protocol and requested suspension of hearings. The Applicant requested adjournment of the 4 March 2016 public hearing and sought various procedural orders. At the hearing, the Applicant's representatives appeared but the Respondent did not.

Issues

1. Whether the Court should grant the Respondent's request to suspend hearings following withdrawal of its Declaration under Article 34(6) of the Protocol.
2. Whether the Court should reject the amicus curiae brief submitted by the National Commission for the Fight Against Genocide.
3. Whether the Court should order the Respondent to facilitate access to the Applicant for her representatives.
4. Whether the Court should order the Respondent to facilitate video conferencing technology for the Applicant to follow proceedings.
5. Whether the Court should order the Respondent to comply with the Court's Order of 7 October 2015 to file pertinent documents.

Orders

• Parties to file written submissions on the effect of the Respondent's withdrawal of its Declaration made under Article 34(6) of the Protocol within fifteen (15) days of receipt of this Order.
• Ruling on the effect of the Respondent's withdrawal of its Declaration under Article 34(6) of the Protocol shall be handed down at a date to be duly notified to the Parties.
• Applicant to file written submissions on the procedural matters stated in paragraph 15 within fifteen (15) days of receipt of this Order.

Legislation cited (1)

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

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