Ngabo is 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.
(b)
The failure by the 1st Respondent to investigate the
failure of the partner state, Rwanda, to fulfill obligations
of the Treaty enunciated in Articles 6(d) and 7(2) and
submit its findings as required in Article 29(1) is wrongful.
(c)
Any other relief as the Court may deem fit to grant.
(d)
Costs of the Application.
APPLICANT’S CASE
4.
It is the case for the Applicant as appears in her Affidavit sworn
on 5th October 2010 and in Submissions by her Counsel, Mr.
Rwakafuuzi, that:
5.
Firstly, the 1st Respondent acted in breach of Article 29 of the
Treaty when he failed to take the “necessary action”
concerning the alleged breach by the Government of the
Republic of Rwanda with respect to the arrest and detention of
Seveline Rugiga Ngabo (hereinafter referred to as “the
Subject”).
REFERENCE NO.8 OF 2010
Page 4