6oo3/e
59.The Respondent State argues that the independence of Rwandan courts has been
attested to by a number of international human rights and criminal courts. The
Respondent State refers to Ahorugeze v Sweden,T Prosecutor v Jean uwikindi,a
Prosecutor
v
Aloys Ndimbati,e prosecutor
v
Kayishema,lo prosecutor v
sikubwaboll, Norwegian Prosecution vs Bandora,lz and Leon Mugesera v Le
Ministre de la Citoyennete et de L'emigration, Le Ministre de ta Secuite pubtique et
de la Protection Civile.13
60. The Respondent State avers that the laws and procedures in Rwanda, specifically,
Article 16 of the Law No. z1l2o12 relating to civil, commercial, Labour and
Administrative Procedure, do not require a petitioner's appearance in person in order
to institute proceedings and that a claim can be filed by a counsel or any other
authorised representative on behalf of a claimant. The Respondent State argues
that the Applicants could have instituted a case in the Respondent State's courts
from their remote location in South Africa.
61.The Respondent State adds that Article 49 of the afore-mentioned law bind a
petitioner's representatives to the same extent as they would a petitioner and that
the Applicants could have designated Counsel to file the claims in the domestic
courts on their behalf. The Respondent State contends that the Applicants ought to
have filed an application for judicial review of the administrative decision to invalidate
their passports, this being in accordance with Article 334 of Law No. z1tzo12
relating to civil, commercial, Labour and Administrative procedure.
62. The Respondent avers that given the foregoing, the Applicants' arguments that they
could not exhaust domestic remedies because their passports were revoked
is
7 ECHR Application
No 37077109. Judgment of 27 October 201 1 par 123_1 30.
I International Criminal Tribunal
for Rwanda (lcTR) Referral case No lcrR-2001-75-R11bis
ICTR Case No ICTR-9S-1 F-R1 '1bis.
ICTR Case No ICTR- 01-67-R11bis.
11
ICTR Case No ICTR-95-1 F-R1 l bis
12
Case No 11-050224ENE-OTIR/O1.
13
Canadian Federal Court Reference2012 CF32
'g
10
15
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