| Rwanda Loses Appeal Over Military Officer’s Detention |
| Arusha, 22 June 2012: The EACJ Appellate Division today upheld the decision of the First Instance that the Court has jurisdiction to apply and interpret the provisions of the EAC Treaty, including Articles 6(d), 7(2) and 8(1) which provide for the fundamental principles of the Community on good governance.The Court ruled in favor of Ms. Plaxeda Rugumba (respondent) affirming the lower division’s ruling that the arrest and detention without trial of the respondent’s brother Seveline Rugigana Ngabo was unlawful and therefore constituted an infringement of the Treaty.
The Appellate Division further noted that the matter was filed within the time prescribed by the Treaty and was not barred by the rule of exhaustion of local remedies; and therefore that the Appellant (the Republic of Rwanda) had breached the aforesaid provisions of the Treaty. The Rwandan Government was ordered to bear its costs and the costs of the respondent. Mr. Ladislaus Rwakafuzi, represented the respondent Ms. Plaxeda Rugumba while Mr. Frank Kaijuka represented counsel for the Attorney General of Rwanda. Justices Harold Nsekela, President, Philip Tunoi, Vice President, Emillie Kayitesi, Laurent Nzosaba and James Ogoola delivered the judgment. For more information please contact: Dr. John Ruhangisa, Registrar Ms. Geraldine Umugwaneza, Deputy Registrar Owora Richard Othieno, Head of Department; East African Court of Justice |
