|Case Number||APPEAL NO. 1 OF 2012|
On 8th November 2010, the Respondent filed this Reference No 8 of 2010 in the First Instance Division averring that the arrest of her brother Lieutenant Colonel Seveline Rugigana Ngabo, by the Appellant’s agents and detention without trial was a breach of the fundamental principles of the Community, to wit; Articles 6(d) and 7(2) which demand that Partner States shall be bound to govern their populace on the principles of good governance and universally accepted standards of human rights.
The First Instance Division concluded that: the Court had jurisdiction to hear and determine the Reference;, that the Reference was filed within the time prescribed by the Treaty; that the Reference was not barred by the rule of exhaustion of local remedies; and finally that the Appellant/Respondent, the Republic of Rwanda, had breached the aforesaid Articles of the Treaty. The Court granted the declaration as sought by the Applicant/ Respondent.
Aggrieved by the said decision, the Appellant on 6th February 2012 lodged this appeal.
|Complainant||THE ATTORNEY GENERAL OF THE REPUBLIC OF RWANDA|
|Keyword||Limitation of time , No exhaustion of local remedies|
|Treaty Article||Article 27 , Article 29 , Article 30 , Article 6 , Article 7 , Articles of EAC Treaty|
First Instance Judgment
|PDF document||Download the decision as PDF|
|Date delivered||June 22, 2012|