83/2013 dated 11 September 2013 pertaining to the creation, organization and
operation of the Rwandan Bar Association.
41.
Further, the Applicant argues that co-counsel Dr. Caroline Buisman continues
to have difficulties in obtaining a visa to enter the Republic of Rwanda despite
her
travel
to
the
Republic
of
Rwanda
on
many
occasions
prior
to
her
involvement in the Applicant's case. The Applicant avers that Dr. Caroline
Buisman’s visa status has continuously remained “pending.”
42.
The Applicant avers that the restrictions on her representatives frustrate the
Applicant's right to file a complaint before the Court and undermine her right to
an effective remedy.
43,
In support of these allegations,
the Applicant has relied on various letters
decrying the alleged acts of intimidation that were previously filed with the
Court. In the letter of 15 February 2016 written to the President of the Rwandan
Bar Association, Advocate Gatera Gashabana, representative of the Applicant,
alleges
that on
a visit to the Applicant
on
5 February
2016,
the
prison
department of the Respondent informed him that prior to his visit, all documents
in his possession were to be searched, failing which he would not be allowed
to see the Respondent.
44.
The Respondent did not submit observations on this issue.
45.
Rule 28 of the Court’s Rules provides that “Every party to a case shall be
entitled to be represented or to be assisted by legal counsel and/or by any other
person of the party’s choice.” Further, Rule 32 enjoins States to cooperate with
the Court.
46.
Rule 28 recognizes the right of Parties in a case before the Court to represent
themselves or to be represented
by legal counsel of their choice.
Rule 32
recognizes the obligation of States to ensure they cooperate with the Court to
facilitate proceedings before the Court. From a reading of these two Rules, the
Respondent is enjoined to assist the Applicant and her representatives in order
to facilitate proceedings before this Court.