Coming up for Scheduling Conference: on the 4th day of March,2026.
Reference filed: on the 26th October, 2020.
Under Articles: 30,37, and 39 of the Treaty of the Establishment of The East African Community.
Rules: 11,19,25,84 of the East African Court of Justice Rules of Procedure 2019
The Subject matter: Kidnap, extra ordinary rendition and arbitrary detention of the Applicant by the Rwandan Government.
Summary.
The Applicant was Un procedurally a victim of kidnapping and extraordinary rendition engineered by the Rwandan Government from United Arabs Emirates to Rwanda. This was an extraordinary rendition and a breach of Applicant`s fundamental rights to security and liberty, to a fair and public hearing on extradition or deportation to face criminal charges. Moreover, the applicant was held in a state of incommunicado for protecting a person`s right to liberty and security.
Applicant further alleges that he was denied access to a lawyer during these three days of incommunicado detention, and was tied up, for protecting, hands and face and could not see anything.
Further still Applicant alleges that, following his reappearance, he was denied due process, an internationally recognized principle that obliges a State to respect all legal rights owed to an individual, and one that is enshrined in Article 9 of the Rwandan Constitution.
Applicants pray for orders that.
The present matter, including the requested interim measures, be heard as a matter of urgency, in view of the continuation of the violations of the Applicant`s rights; and
That the Rwandan Government to immediately release the Applicant and return him to his position prior to his illegal kidnapping and extraordinary rendition, by facilitating his safe transfer to Dubai, United Arabs Emirates.
Finally, declare that Rwandan Government is in breach of Articles 6(d) and 7(2) of the Treaty and should stay proceeding against the Applicant.
Respondent`s case;
The Respondent contends that the action of which the Applicant alleges that they are in contravention of Articles 3(3) (b),6(d), and 7(2) of The Treaty for The Establishment of the East African Community.
The Respondent also denies all the allegations of extraordinary rendition to Rwanda, unlawful and arbitrary detention, lack of prompt access to court, denial of due process and the right to the presumption of innocence.
Finally, the Respondent further contends that the Applicant was never denied his legal rights. That the Applicant appeared before a competent Court of Rwanda.
This is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org