0bliXsL
Objection on the Second and Fifth Applicants' lack of standing before the
Court
19.The Respondent State has raised an objection that the Court lacks personal
jurisdiction with regard to Kayumba Nyamwasa and Safari Stanley, the Second and
Fift h
Applicants, respectively.
20.The Respondent State claims thatthe Second and Fifth Applicants do not have /ocus
standi before this Court because they were convicted in Rwanda for genocide-
related crimes and crimes
of
threatening state security, respectively. The
Respondent State further claims that they both absconded from Rwanda after their
convictions and that they are thus fugitives from justice.
21.While the Respondent State acknowledges that it has made a Declaration pursuant
to Article 34(6) of the Protocol, it also states that in making the Declaration, it did not
envisage that persons convicted of serious crimes, such as these two Applicants,
would be allowed to file matters before this Court. The Respondent State argues
that it would be a travesty of justice for the Court to give /ocus standito Applicants
who have committed serious crimes. The Respondent State therefore prays the
Court to deny the Second and Fifth Applicants the standing before it and to reject
their Application.
22.fhe Applicants claim that their convictions have no relevance to the Application and
that any person "even if a convict in a proper court of justice has right of standing to
petition".
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23.The Court recalls thatArticle 5 of the Protocol lists the entities that can submit cases
to the Court and sub-Article 3 thereof provides that: "The Court may entitle retevant
Non-Governmental organizations (NGOs) with observer status before the Commission, and
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