000119
declaration prescribed under Article 34(6) of the Protocol, by which it accepts
the jurisdiction of the Court to receive applications from individuals and NonGovernmental
Organisations.
Union Commission
on 3 March
On
29
February
2016,
it notified
of its decision to withdraw the aforesaid
2016, the African
Union
Commission
the
African
Declaration,
and
notified the Court in this
regard. On 3 June 2016, the Court issued an Order stating that the withdrawal
of the declaration would take effect on 1 March 2017.1
ll.
SUBJECT OF THE APPLICATION
A.
3.
The
Facts of the matter
Applicant
alleges that on 21
March
2009,
a police officer seized
his
vehicle on the grounds that it had no motor vehicle license and a spare tyre.
He was fined twenty thousand Rwandan francs (RWF 20,000) and "as security
for this payment the police seized the yellow card?.” The Applicant avers that
on 23 March 2009,
he paid the fine of Twenty Thousand
Rwandan
Francs
(RWF 20,000) but the yellow card was not given back to him.
4.
He further alleges that “in complicity, his driver ... declared that he had lost the
police charge sheet and the receipt, while the police declared verbally to him that they
had lost his yellow card.”
Thereafter,
obtain
the duplicate
of the yellow
argues
that “later, through
the Applicant went to the tax office to
card
but his efforts were
a conveyor [he] was
all in vain.
He
able to recover the original of the
charge sheet ... and that of the receipt".
5.
The Applicant alleges that “pursuant to the provisions of Article 40 of Rwandan Law
No. 34/1987 of 17/9/1987 on the road transport and traffic police, the payment of the
fine puts an end to the government action. Consequently, the fine of twenty thousand
Rwandan
Francs
(RWF
20.000)
paid
on
23/03/2009
erased
the
offence
and
[he]
should have been re-established in [his] rights...”. He states that “... However, this
was not the case, the vehicle was not returned to him, but was rather parked
1 See
Application
003/2014.
Order
of
3/6/2016,
Ingabire
Victoire
Umuhoza
v.
Rwanda,
on
withdrawal by the Respondent State of the declaration it made under Article 34(6) « of the Protocol.
2"Yellow Card" means "Vehicle Registration Card".
the
4