or statements it deems
fask."(Emphasis added).
37.
likely
to
assist
it
in
carrying
out
its
Rule 45 of the Court's Rules entitles the Court in its discretion to receive any
evidence from any person, which in its view would assist it in the determination
of a case.
38.
The role of amicus curiae in proceedings is to provide the Court with arguments
or views which may serve fo assist the Court in its consideration of legal issues
under consideration by the Court.!.
The determination of whether an entity is
entitled to be admitted as amicus curiae in a proceeding
discretion
of the
Court.
In exercising
this discretion,
is a matter of the
the Court
entitled the
NCFAG to be admitted as amicus curiae in these proceedings on 10 July 2015.
Further, on the substance of the admission of the amicus curiae, the Court also
has the discretion to take what it considers relevant and non-partisan from the
amicus curiae. Therefore, the ultimate control over who the Court admits as
amicus curiae and what the Court considers in substance from the amicus
curiae is the Court itself.
39.
it is on this basis that the Court rejects the Applicant's request and upholds its
decision
of 10
July
2015
admitting
NCFAG
as
amicus
curiae
in these
proceedings.
Issue 2: The
Applicant’s
Request to Order the Respondent to facilitate
access to the Applicant by her Representatives.
40.
The
Applicant
alleges
that
Respondent
has
intimidated
the
Applicant's
representatives by subjecting Advocate Gatera Gashabana to a “full search”
when visiting the Applicant in prison, in contravention of the law and regulations
relating to the profession of counsel and concept of attorney client privilege.
The Applicant states that this is in violation of Article 48, 50 and 54 to 57 of Law
1 See IACtHR (Judgment) 2 May 2008, Kimel v. Argentina, para. 16