Munyandilikirwa v Republic of Rwanda (Order) (Application 023/2015) [2016] AfCHPR 66 (3 June 2016)

AFRICAN UNION AFRICAN UNION £i\ jU ï if l ORIGINAL: ENGLISH ORIGINAL: ENGLISH UNION AFRICAINE UNION AFRICAINE UNI. AO AFRICANA UNIÄO AFRICANA AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS COUR AFRICAINE DES DROITS DE L'HOMME ET DES PEUPLES COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES IN THE MATTER OF IN THE MATTER OF LAURENT MUNYANDILIKIRWA LAURENT MUNYANDILIKIRWA V. V. REPUBLIC OF RWANDA REPUBLIC OF RWANDA APPLICATION NO 023/2015 APPLICATION NO 023/2015 Page 1 of 5 j ORIGINAL: ENGLISH ORIGINAL: ENGLISH The Court composed of: Augustina S. L. RAMADHANI, President, Elsie N. The Court composed of: Augustino S. L. RAMADHANI, President, Elsie N. THOMPSON, Vice-President; Gerard NIYUNGEKO, Fatsah OUGUERGOUZ, Duncan THOMPSON, Vice-President; Gérard NIYUNGEKO, Fatsah OUGUERGOUZ, Duncan TAMBALA, Sylvain ORE, El Hadji GUISSE, Ben KIOKO, Rafaa BEN ACHOUR, Solomy TAMBALA, Sylvain ORÉ, El Hadji GUISSÉ, Ben KIOKO, Rafâa BEN ACHOUR, Solomy B. BOSSA, Angelo V. MATUSSE, Judges; and Robert ENO, Registrar, B. BOSSA, Angelo V. MATUSSE, Judges; and Robert ENO, Registrar, In the matter of; In the matter of; LAURENT MUNYANDILIKIRWA LAURENT MUNYANDILIKIRWA V. V. REPUBLIC OF RWANDA; REPUBLIC OF RWANDA; After deliberations, After deliberations, Makes the following Order: Makes the following Order: I. Parties I. Parties 1. The Court received, on 23 September 2015, an Application by Laurent 1. The Court received, on 23 September 2015, an Application by Laurent Munyandilikirwa, Munyandilikirwa, (hereinafter (hereinafter referred referred to as to as "the Applicant"), “the Applicant”), instituting instituting proceedings against the Republic of Rwanda, (hereinafter referred to as "the proceedings against the Republic of Rwanda, (hereinafter referred to as “the Respondent"). Respondent”). 2. The Respondent 2. The Respondent ratified the African Charter on Human and Peoples' Rights ratified the African Charter on Human and Peoples’ Rights (hereinafter, referred to as "the Charter") on 22 July 1983, and the Protocol to the (hereinafter, referred to as “the Charter”) on 22 July 1983, and the Protocol to the Charter on Human and Peoples' Rights on the Establishment of an African Court Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples' Rights (hereinafter referred to as "the Protocol ") on 6 on Human and Peoples’ Rights (hereinafter referred to as “the Protocol ”) on 6 June 2003; and deposited the declaration accepting the competence of the Court June 2003; and deposited the declaration accepting the competence of the Court to receive cases to receive cases from from individuals and non-governmental organisations, individuals and non-governmental organisations, in in accordance with Article 34(6) of the Protocol, on 22 June 2013. accordance with Article 34(6) of the Protocol, on 22 June 2013. Page 2 of 5 Page 2 of 5 ORIGINAL: ENGLISH ORIGINAL: ENGLISH II. Subject of the Order II. Subject of the Order 3. By a letter dated 1 March 2016, received at the Registry of the Court on 2 March 3. By a letter dated 1 March 2016, received at the Registry of the Court on 2 March 2016, the Respondent notified the Court of its deposition of an instrument of 2016, the Respondent notified the Court of its deposition of an instrument of withdrawal of its Declaration made under Article 34(6) of the Protocol. The letter withdrawal of its Declaration made under Article 34(6) of the Protocol. The letter further stated that: further stated that: "The Republic of Rwanda requests that after deposition of the same, the “The Republic of Rwanda requests that after deposition o f the same, the Court suspends hearings involving the Republic of Rwanda, including the Court suspends hearings involving the Republic of Rwanda, including the case referred above, until review is made to the Declaration and the Court case referred above, until review is made to the Declaration and the Court is notified in due course." is notified in due course. ” 4. By a letter dated 3 March 2016, the Office of Legal Counsel and Directorate of 4. By a letter dated 3 March 2016, the Office of Legal Counsel and Directorate of Legal Affairs of the African Union Commission notified Legal Affairs of the African Union Commission notified the Court of the the Court of the submission of the Respondent's instrument of withdrawal of its Declaration made submission of the Respondent’s instrument of withdrawal of its Declaration made under Article 34(6) of the Protocol, which was received at the African Union under Article 34(6) of the Protocol, which was received at the African Union Commission on 29 February 2016. Commission on 29 February 2016. 5. When the Court received the Respondent's instrument of withdrawal, it had 5. When the Court received the Respondent’s instrument of withdrawal, it had already set down a public hearing for 4 March 2016 in respect of Application No already set down a public hearing for 4 March 2016 in respect of Application No 003/2014, lngabire Victoire Umuhoza v Republic of Rwanda. 003/2014, Ingabire Victoire Umuhoza v Republic of Rwanda. 6. Following the Public Hearing, on 18 March 2016, the Court issued an Order in 6. Following the Public Hearing, on 18 March 2016, the Court issued an Order in which it: which it: "i. Orders “i. Orders that the Parties that the Parties file written submissions on file written submissions on the effect of the the effect of the Respondent's withdrawal of its Declaration made under Article 34(6) 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 Protocol, within fifteen (15) days of receipt of this Order Page 3 of 5 Page 3 of 5 ii. Decides that its ruling on the effect of the Respondent's withdrawal of its ii. Decides that its 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 Declaration under Article 34(6) of the Protocol shall be handed down at a date to be duly notified to the Parties. be duly notified to the Parties. ORIGINAL: ENGLISH ORIGINAL: ENGLISH iii. Orders the Applicant to file written submissions on the procedural matters iii. Orders the Applicant to file written submissions on the procedural matters stated in paragraph 15 above, within fifteen (15) days of receipt of this Order". stated in paragraph 15 above, within fifteen (15) days of receipt of this Order”. 7. Following the orders in paragraph 6 above, the Court decided to adjourn all cases 7. Following the orders in paragraph 6 above, the Court decided to adjourn all cases filed against Rwanda, pending its ruling on the effect of the Respondent's filed against Rwanda, pending its ruling on the effect of the Respondent’s withdrawal. withdrawal. Ill. Effects of withdrawal of Declaration III. Effects of withdrawal of Declaration 8. 8. In a Ruling issued on 3 June 2016 in Application No 003/2014, lngabire Victoire In a Ruling issued on 3 June 2016 in Application No 003/2014, Ingabire Victoire Umuhoza v Republic of Rwanda, Umuhoza v Republic of Rwanda, the Court unanimously ruled the Court unanimously ruled that that the the Respondent's withdrawal of its declaration has no effect on the Application, and Respondent’s withdrawal of its declaration has no effect on the Application, and so it decided to continue with the hearing of the Application. so it decided to continue with the hearing of the Application. 9. The Court's Ruling 9. The Court’s Ruling in in lngabire Victoire Umuhoza v Republic of Rwanda, Ingabire Victoire Umuhoza v Republic of Rwanda, therefore, is to the effect that the withdrawal of Rwanda's Declaration does not therefore, is to the effect that the withdrawal of Rwanda’s Declaration does not have the effect of suspending proceedings of cases that have been filed against have the effect of suspending proceedings of cases that have been filed against Rwanda before the Court. Rwanda before the Court. 10. For these reasons; 10. For these reasons; THE COURT, unanimously, decides to continue examining this Application. THE COURT, unanimously, decides to continue examining this Application. Page 4 of 5 Page 4 of 5 ·- - -. ·-- .... l A i I Signed: Signed: ORIGINAL: ENGLISH ORIGINAL: ENGLISH Augustina S. L. RAMADHANI, President Augustino S. L. RAMADHANI, President ¿y\ ßV \ ¿Z S' .. . ... Robert ENO, Registrar Robert ENO, Registrar Done at Ar1::1sha, this 3 Day of j1::1tm~· . JG,' in English and French, the English version Done at Arusha, this 3 Day of June!:2bl6,' in English and French, the English version being authoritative. being authoritative. Page 5 of 5 Page 5 of 5