2.
The
Application
is filed against
the
Republic
of Rwanda
referred to as the “Respondent State”) which
African Charter on Human
and
Peoples'
became
(hereinafter
a party to the
Rights (hereinafter referred to
as "the Charter") on 21 October 1986 and to the Protocol on 25 May
2004. It also deposited on 22 January 2013 the Declaration provided for
under Article 34(6) of the Protocol by which it accepted the jurisdiction of
the Court to receive applications from individuals and Non-Governmental
Organisations.
On 29 February 2016, the Respondent State notified the
Chairperson of the African Union Commission of its intention to withdraw
the said Declaration. The African Union Commission transmitted to the
Court, the notice of withdrawal on 3 March 2016. By a ruling dated 3 June
2016, the Court decided
that the withdrawal
by the Respondent
State
would take effect from 1 March 2017.1
Il.
SUBJECT OF THE APPLICATION
A.
Facts of the matter
3.
The
Applicant
damaged
damage
states that as
at 23
March
2013,
his house
had
been
by heavy rains, and that he subsequently tried to repair the
in order to be able to shelter his family.
neighbours
who
did
not
want
him
to
However,
undertake
the
that, some
repairs
sent
confidential reports to the authorities claiming that no local authority could
go to his house
attack
4.
The
to assess the situation as the Applicant threatened
to
such persons with a machete.
Applicant
submits
that on the
basis
of these
false
confidential
reports, the local authority representative of Nyarugenge District in the
municipality of Kigali went to his home
people. The
representative
proceeded
1 See Ingabire Victoire Umuhoza v. Republic of Rwanda
2
accompanied
by a crowd
to inspect his house
of
and take
(jurisdiction) (2016) 1 AfCLR 562 § 67.