Respondent. ………………..All the applicants are currently being
detained at Luzira Prison, Kampala, Uganda.”
It can be further discerned from paragraphs 6 and 7 of the supporting affidavit
of Rabia Mohamed Omar which, at paragraph 6 says, in part, that several
Kenyan Muslims, inclusive of her husband, have been captured by and/or
abducted by the Kenya Police and/or officers acting thereunder in cahoots
and/or collaboration with officials from the Republic of Uganda and the United
States Government and transported/ transferred and surrendered to Uganda.
None of the victims have been subjected, before rendition to Uganda, to due
legal process and/or recourse to due extradition process; and at paragraph 7 it
states that:
“My said husband is in custody of the notorious Rapid Response
Unit (para military) at Kireka, Kampala following violent capture,
abduction and surrender as aforesaid. He has not been tried or
convicted. He was abducted on the 17th September 2010 on Kimathi
Street…………”
From the above cited parts of the Reference and affidavit evidence, it is clear
that the acts complained of as unlawful include unlawful detention, detention
incommunicado, denial of bail, vicious torture, continuous interrogation.
“Black’s Law Dictionary, 9th Edition, at p.514, defines “Detention”
as “The act or fact of holding a person in custody; confinement or
compulsory delay.”
The Online Encyclopedia, Wikipedia, defines “Detention” as “any form of
imprisonment where a person’s freedom of liberty is removed…..”.
Loukės G. Loukaidės, in “The European Convention on Human Rights:
Collected Essays”, at p.26, states, inter alia, that “ …detention appears
to be a typical case of a continuing violation initiated by an
instantaneous act…”
The common thread running through the above literature, with which we are
respectfully in agreement, shows that detention is not a single happening,
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