"Without prejudice to the foregoing, I respectfully request the Han. Court,
if not granting the Respondent's request made on 2nd March 2016, to
allow the Respondent being heard on its request before a Court Order
can be made."
14.
At the public hearing on 4 March 2016, the Applicant was represented by
Advocate Gatera Gashabana and Dr. Caroline Buisman. The Respondent did
not appear.
15.
The Court heard the representatives of the Applicant on procedural matters in
which they requested the Court to:
i.
Reject the amicus curiae brief submitted by the National Commission for
the Fight Against Genocide.
ii. Order the Respondent to facilitate access to the Applicant for her
representatives.
iii. Order the Respondent to facilitate access to video conferencing
technology for the Applicant to follow the proceedings of the Court on this
matter.
iv. Order the Respondent to comply with the Court's Order of 7 October
2015 to file pertinent documents.
16.
The representatives of the Applicant also expressed their willingness to submit
arguments on the issue of the Respondent's withdrawal of its Declaration made
under Article 34(6) of the Protocol.
The Decision of the Court
17.
The Court expresses regret that the Respondent did not appear before it at the
public hearing to put forward its arguments.
18.
The Court notes that both Parties have requested to be heard on the issue of
the effect of the Respondent's withdrawal of its Declaration made under Article
34(6) of the Protocol.
4