4. The Applicants allege that the campaign for the amendment of Article 101 of the
Constitution has been co nducted against a climate of fear and that any
cha llenges to the amendments of the Constitution would likely not succeed as
the judicia ry of Rwanda is allegedly not independent, particularly since some
judicial officers are also members of the Respondent's Ruling Party.
5. The Applicants further allege that this has been against a backdrop of arbitrary
arrest, detentions and trials of leading political figures such as Victoire lngabire
Umuhoza , the former President, Pasteur Bizimungu, the former Minister,
Charles Ntakiruntika and Bernard Ntaganda. One of the Applicants, General
Kayumba Nyamwasa, states that South African Courts have found that his
attempted assassination was conducted by persons linked to the Respondent.
The Applicants also allege that another military officer, Lieutenant Colonel
Seveline Ngabo has been held incommunicado in an unknown location since 20
August 20 10 and that despite the East African Court of Justice finding that his
detention was unlawful, he has neither been presented in Court nor charged
with any offence.
6. The Applicants also claim that the filing of an application by the Green Party in
the courts in Rwanda to challenge the amendment of Article 101 of the
Constitution, is a sham since this Party is a creation of the President and the
whole exercise is intended to lend legitimacy to the process of the amendment
of the Constitution by allowing these constitutional challenges.
7. The Applicants have filed affidavits in support of the Application. The affidavit by
Safari Stanley states that loca l remed ies in Rwanda are neither practical nor
effective since the President of the Republic of Rwanda dictates how courts
should decide matters before them. They add that, since the President has a
personal interest in the matter, the outcome of any action at the loca l level would
be to allow the amendment.
ff
8. The Applicants base their Application on Articles 13 (freedom to participate in
government), 19 (equality of peoples), 21 (freedom of peoples to dispose of their
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