“Without prejudice to the foregoing, | respectfully request the Hon. Court,
if not granting the Respondent's request made on 2" March 2016, to
allow the Respondent being heard on its request before a Court Order
can be made,”
14.
At the public hearing
on 4 March
Advocate Gatera Gashabana
2016, the Applicant was
and Dr. Caroline Buisman.
represented
by
The Respondent did
not appear.
15.
The Court heard the representatives of the Applicant on procedural matters in
which they
i.
requested the Court to:
Reject the amicus curiae brief submitted by the National Commission for
the Fight Against Genocide.
ii.
Order the
Respondent
to facilitate
access
to the Applicant
for her
representatives.
iii. Order
the
Respondent
to
facilitate
access
to
video
conferencing
technology for the Applicant to follow the proceedings of the Court on this
matter.
iv. Order the Respondent to comply with the Court’s Order of 7 October
2015 to file pertinent documents.
16.
The representatives of the Applicant also expressed their willingness to submit
arguments on the issue of the Respondent’s withdrawal of its Declaration made
under Article 34(6) of the Protocol.
The Decision of the Court
17.
The Court expresses regret that the Respondent did not appear before it at the
public hearing to put forward its arguments.
18.
The Court notes that both Parties have requested to be heard on the issue of
the effect of the Respondent’s withdrawal of its Declaration made under Article
34(6) of the Protocol.