detention, constant loud music, dietary manipulation, artificial light twenty-four
hours a day, and exposed to cold weather.
10. Eventually on 5 May 2005, he was transferred by the United States Government
to Yemen where he was subsequently tried for forging travel documents, convicted
upon his own plea of guilt, sentenced to time served, and released on 14 March 2006.
He was and has never been charged with any terrorism-related offences.
11. Whereas at first the Complainant had no knowledge of the first destination
from Tanzania and the location of his detention, he believes that it was in the
territory of the Republic of Djibouti. His belief is premised on a set of circumstantial
evidence collated from his own experiences and observations whilst in his first secret
detention facility outside Tanzania; documents filed with the High Court of
Tanzania on a habeas corpus application filed by his father; expert testimony; and
various reports of international organisations and the mass media documenting the
United States of America’s extraordinary rendition program undertaken as part of
the counter-terrorism measures from the immediate aftermath of the terrorist attack
of 11 September 2001 in the United States of America.
12. The Complainant further alleges that he believes the agents of the Government
of Djibouti were involved from the moment of his arrival allegedly in Djibouti to the
time he was handed over to the US agents who continued to detain and severally
transfer him to the three subsequent secret detention facilities.
13. On 31 March 2009 his lawyers wrote the Attorney General of the Respondent
State detailing the facts of his experiences during his secret detention by way of
notice of violations of his rights as guaranteed under the African Charter.
14. The Complainant alleges that despite the notice, the Respondent State has not
undertaken an effective investigation to discover additional information regarding
his alleged detention and treatment in Djibouti. He further states that the
Respondent State has neither identified and prosecuted those responsible, nor
offered any other form of remedy to him.
Alleged violations of the African Charter
15.
The Complainant avers that the treatment he suffered at the alleged instance
of the Respondent State amount to violations of Articles 1, 2, 3, 4, 5, 6, 7(1), 12(4), 14,
and 18 of the Charter.
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