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4. — Since the Court has not yet ruled on the question of the legal effects of
the Respondent State’s withdrawal of its declaration for the examination of the
instant case, it does not seem to me desirable to express my opinion on this
question in the context of this dissenting opinion.
5.
Before expatiating on the reasons for my dissent, it seems to me
necessary to briefly provide an update on the exchange of correspondence
between the Parties and the Court during the past two months.
6.
I would start by recalling that, at its 37th Ordinary Session (18 May/5
June 2015), the Court decided that, given the circumstances of the case and
pursuant to Rule 27 of its Rules, it was necessary to organize an oral phase to
hear the pleadings of the Parties on the totality of the case. It was against this
backdrop that the principle of a public hearing was agreed and the date thereof
set for 4 March 2016.
7.
By letter dated 4 January 2016, the Registrar of the Court accordingly
notified the Parties of the holding of a public hearing on 4 March 2016 for the
purpose of hearing the Parties’ pleadings on the preliminary objections raised
by the Respondent State as well as on the merits of the case.’
8.
By letter dated 26 January 2016, Counsel for the Applicant, inter alia,
requested the Court to grant his client leave to physically attend the public
hearing. By letter of the same day, the Registrar, in reply to the Counsel for the
Applicant, indicated that the Court had decided that the presence of his clieat at
the hearing was not necessary and that his Application had consequently been
rejected.
9.
Counsel for the Applicant subsequently transmitted to the Court’s
Registry copy of a letter dated 15 February 2016 which he had addressed to the
President of the Rwanda Bar Association drawing his attention to the
' «Take notice that this Application has been set down for Public Hearing (of legal arguments
on the preliminary objections and the merits) on Friday the 4" day of March 2016 at 09.00
hours”, Application No. 003/14 Ingabire Victoire Umuhoza v, Republic of Rwanda, Notice of
Public Hearing (Rule 42); a copy of this letter was also addressed to the representative of the
amicus curiae (Executive Secretary of the National Commission for the Fight Against
Genocide), the African Commission on Human and Peoples��� Rights, the Chairperson of the
African Union Commission and to all the States Parties to the Protocol establishing the Court.