30.
By a letter dated 4 May 2016, the Registry served the observations of the
Applicant on the Court's Order of 18 March 2016 on the Respondent,
and
requested the Respondent to submit its observations if any, within 15 days.
31.
This Order is with respect to the procedural matters raised by the Applicant as
alluded to in paragraph 24 above.
Issue
1:
The
Applicant's
Request
to
Reject
the
amicus
curiae
brief
submitted by the National Commission for the Fight Against Genocide.
32.
At the public hearing, the Applicant made
an oral application subsequently
supported by written submissions requesting the Court to deny the National
Commission
for the Fight Against Genocide
(hereinafter “NCFAG’)
amicus
curiae status and requesting it not to receive their observations.
33.
The Applicant contests the neutrality of NCFAG,
on the basis that it has no
independent status from the Respondent, as it is an official organ responsible
to the
President
Consultative
whose
Council
policies
which
and
orientation
are
determined
by
the
acts under the orders of the President of the
Respondent State.
34.
The Applicant further argues that NCFAG
is instrumental
in implementing
genocide laws which are vague and subject to criticism. The Applicant also
argues that the Executive Secretary of NCFAG
has already expressed public
criticism of the Applicant.
35.
The Respondent did not submit observations on this issue.
36.
In deciding
this matter,
the Court is guided
by Rule 45
of its Rules
which
provides:
“The Court may, of its own accord, or at the request of a party, or
the representatives of the Commission, where applicable, obtain any
evidence which in its opinion may provide clarification of the facts
of a case. The Court may, inter alia, decide to hear as a witness or
expert or in any other capacity any person whose evidence, assertions
7