directive, decision or action complained of, or in the
absence thereof, of the day in which it came to the
knowledge of the complainant, as the case may be.”
The general Rule of interpretation set out by the Vienna Convention on the
Law
of
Treaties
reproduced
elsewhere
above
is
applicable
to
the
interpretation of this Article. It is our understanding from the plain reading
of
Article
30(2)
that
a
reference
challenging
any
unlawfulness
or
infringement provided for under Article 30(1) must be instituted within a
period of two months of their occurrence or in the absence thereof, when the
complainant came to know the Act or action complained of.
That is the
clear and ordinary meaning to be given to the Article 30(2).
It is undeniable that the Applicant was arrested upon his arrival at Entebbe
International Airport on 15th September, 2010 by the Ugandan Rapid
Response Unit (RRU) and was escorted by Ugandan security officers into an
Aircraft of Uganda Airlines destined for Nairobi, Kenya on 18th September,
2010. It is also common ground that this Reference was filed before this
Court on 30th December, 2011.
The Applicant took exactly one year, three months and twelve days to file
the Reference instead of two months prescribed by the Treaty. Is there any
hardship that can explain such unusual non-compliance with the Article
30(2) of the Treaty?
To that question, the Applicant contended that he
wanted to be told before he initiated any reference when, where, why, and
by whom he had been detained.
At this juncture, we hasten to say that this reasoning is not helpful at all.
Why do we say so?
Applicant that
he
It is well set out in the Reference brought by the
was arrested and detained on
15th
September,
2010,(when), upon his arrival at Kampala, (where). The Applicant further
pointed out that he was threatened with being charged with the same
REFERENCE NO.11 OF 2011
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