eashri and anor v human rights awareness and promotion forum and anor application 20 of 2014 application 21 of 2014 2015 eacj 19 17 february 2015

eashri and anor v human rights awareness and promotion forum and anor application 20 of 2014 application 21 of 2014 2015 eacj 19 17 february 2015

Neither applicant demonstrated the required neutrality or sufficient interest justifying admission as amicus curiae. UHAI EASHRI’s objectives and activities were found to be directly opposed to the subject matter of the Reference, undermining neutrality. Health Development Initiative – Rwanda’s territorial scope was limited to Rwanda, and the law in question did not affect its operations. Both applications failed the neutrality and justification tests under Rule 36.

Citation
eashri and anor v human rights awareness and promotion forum and anor application 20 of 2014 application 21 of 2014 2015 eacj 19 17 february 2015
Parties
Applicant: UHAI EASHRI; Applicant: Health Development Initiative – Rwanda; Respondent: Human Rights Awareness & Promotion Forum (HRAPF); Respondent: Attorney General of the Republic of Uganda
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
17 February 2015
Procedural Posture
Consolidated Applications for Leave to Appear as Amicus Curiae / Ruling on Applications
Outcome
applications dismissed
Legal Topics
Amicus Curiae, Locus Standi, Neutrality of Amicus, East African Community Treaty, Anti Homosexuality Act, Judicial Discretion
Source Language
English
Public Law Human Rights Constitutional Law Procedural Law Amicus Curiae Locus Standi Neutrality of Amicus East African Community Treaty +2 more

Case Brief

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Parties

UHAI EASHRI

Applicant

Health Development Initiative – Rwanda

Applicant

Human Rights Awareness & Promotion Forum (HRAPF)

Respondent

Attorney General of the Republic of Uganda

Respondent

Procedural Posture

Consolidated Applications for Leave to Appear as Amicus Curiae / Ruling on Applications

Legal Issues

  1. 1 Whether the applicants have demonstrated sufficient interest and justification to be admitted as amicus curiae under Rule 36 of the EACJ Rules
  2. 2 Whether the applicants meet the neutrality and impartiality requirements for amicus curiae status

Ratio Decidendi

Neither applicant demonstrated the required neutrality or sufficient interest justifying admission as amicus curiae. UHAI EASHRI’s objectives and activities were found to be directly opposed to the subject matter of the Reference, undermining neutrality. Health Development Initiative – Rwanda’s territorial scope was limited to Rwanda, and the law in question did not affect its operations. Both applications failed the neutrality and justification tests under Rule 36.

Court Disposition

applications dismissed

Orders

  • Consolidated Application dismissed with costs to the Second Respondent