AFRICAN UNION UNION AFRICAINE os AY alas UNTAO AFRICANA AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES Application 003/2014 In the matter of Ingabire Victoire Umuhoza v. Republic of Rwanda Dissenting Opinion of Judge Fatsah Ouguergouz 1. I voted against the adoption of this Order because I consider that it was not justified and the three measures ordered by the Court (paragraphs 20-22) are jeopardizing the integrity of the judicial function and authority of the Court. The Court has indeed acted as if it has sided with the Respondent State, thereby breaking with the principle of equality of the parties. 2. In my view, the Court was duty bound to draw the legal consequences from the non-appearance of the Respondent State at the hearing. I also believe that it behoved the Court to pronounce itself on the legal effects, for the examination of the instant case, of the Respondent State’s withdrawal of its declaration without having to organize a procedural phase for the purpose of consulting the Parties on this matter. I believe further that it is pointless to order the Applicant to submit written observations on the four “procedural matters” mentioned in paragraph 15 of the Order, whereas Counsels for the Applicant had already made ample submissions on all the said matters at the public hearing and on two of these procedural matters in their previous correspondence. The Court should then have made a ruling on these four procedural matters in this Order as requested by the Applicant (see paragraph 19 of the Order). : 3. Lastly, but no less important, the Order robs the public hearing of 4 March 2016 of its very objective, thus making it totally needless.