ooosl s
I.
THE PARTIES
Messrs Kennedy Alfred Nurudiin Gihana (First Applicant), Kayumba Nyamwasa
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(Second Applicant), Bamporiki Abdallah Seif (Third Applicant), Frank Ntwali (Fourth
Applicant), Safari Stanley (Fifth Applicant), Dr. Etienne Mutabazi (Sixth Applicant)
and Epimaque Ntamushobora (Seventh Applicant) are all of Rwandese origin, who
were at the time of the filing of the Application, living in the Republic of South Africa.
The application is filed against the Republic of Rwanda (hereinafter referred to as
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"the Respondent State"). The Respondent State became a State Party to the African
Charter on Human and Peoples' Rights (hereinafter referred to as "the Charte/') on
21 October 1986 and the Protocol on 25 January 2004. The Respondent State
deposited, on22 January 2013, the Declaration by which it accepted the jurisdiction
of the Court to receive cases from individuals and Non-Governmental Organisations
as required underArticle 34(6) of the Protocolthe Protocol. On 29 February 2016, it
notified the African Union Commission of its decision to withdraw the aforesaid
Declaration and on 3 March 2016, the African Union Commission notified the Court
in this regard. On 3 June 2016, the Court issued an Order stating that the withdrawal
of the Declaration would take effect on 1 March 2017.1
II-
SUBJECT OF THE APPLICATION
A. Facts of the matter
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It emerges from the file that the Applicants learnt of the invalidation, by the
Respondent State, of their passports and those of other Rwandan nationals when
one of them was informed upon applying for a visa to travel to the United States of
America, that his name appeared on a list of 14 May 2012, indicating the invalidity
of the passports held by all persons included on the said list.
1
Application No. 003/2014. Ruling on Withdrawal of Declaration of 03/06/2016, tngabire Victoire lJmuhoza
v. Republic of Rwanda, (lngabire Victoire v. Rwanda (Ruling on Withdrawal)) g 67.
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(a