Til
difficulties he was facing in the exercise of his right to visit his client. He
indicated in particular that: “The public hearing before the African Court on
Human and Peoples’ Rights will be held in three weeks and under such
conditions, it is difficult for us to prepare our defence without prior consultation
with the client”.
10.
By letter dated 26 February 2016, Counsel for the Applicant informed the
Registrar of the Court, inter alia, that he has “up to now been deprived of any
contact with his client” and that none of the documents which the Registry
recently transmitted to him could be brought to the attention of his client;
Counsel for the Applicant also informed the Registrar that his client decided to
appoint a second Counsel and that “discussion between members of the defence
team and, above all, their contact with the client was absolutely necessary to
harmonize the defence strategy”. Counsel for the Applicant therefore requested
adjournment of the public hearing to a future date.
11.
By letter dated 1 March 2016, the Applicant’s second Counsel informed
the Registrar that she was yet to obtain a visa to travel to Rwanda and that it
would therefore be difficult to meet with her client before the public hearing set
down for 4 March 2016, The second Counsel therefore reiterated the request to
adjourn the public hearing indicating that both Counsels were ready to discuss
“procedural matters” on 4 March but requested adjournment of any discussion
on
“the
merits”
of the
case
to a future
opportunity of speaking with their client.’
date,
that
is, after
having
had
an
12.
By letter dated 1 March 2016, the Respondent State, for its part, notified
the President of the Court of the withdrawal of the optional declaration it made
under Article 34 (6) of the Protocol and, at the same time, requested suspension
of the consideration of cases filed against it, including the matter instituted by
Ingabire Victoire Uhumoza (see paragraph 10 of the Order).
13.
By letter dated 3 March 2016, the Respondent State acknowledged
receipt of the letter from the Registrar dated 2 March 2016 notifying the two
Parties that the Court had decided to proceed with the public hearing set down
for 4 March; the Respondent State also took note of the request for
postponement of the public hearing presented by the Applicant, and indicated
that it had no objection to the request. The Respondent State further requested to
be heard in relation to its request submitted on 1 March 2016° for suspension of
2 “We are willing to discuss procedural matters on 4th March but request that you adjourn
any discussion on the substance to a date when we have had an opportunity to speak with
Mrs. Ingabire”.
? The Respondent State mentions 2 March 2016 in error.