circumstantial evidence the Complainant relies on to demonstrate that he was in
Djibouti.
90.
The gist of the Respondent State’s observations is that the two documents
confirm that there is no credible evidence to show that the Complainant was ever in
Djibouti. In this regard the Respondent State argues that the Depart Declaration
Card is a fake on the face of it, and as challenged by the Complainant’s father in the
habeas corpus proceedings in Tanzania.
91.
Moreover, the Respondent State maintains, it could not find any evidence that
any flight arrived in Djibouti from the Republic of Tanzania on 27 December 2003 as
alleged by the Complainant. In fact, it so states, the alleged flight operated by
Tanzanair, a private air Charter Company, is never known to fly to Djibouti, and
there is no evidence that it flew to Djibouti on 27 December, 2003 as alleged by the
Complainant or at any other time.
92.
It further argues that the ruling by the High Court of the Republic of Tanzania
on the habeas corpus application shows that the Court did not concern itself with
where the Complainant had been deported. Rather the Court was concerned with
whether he was still in the custody of Tanzanian immigration authorities, which the
Court did not find as such. Accordingly, the Respondent State reiterates that there is
no evidence that the Complainant was ever in Djibouti.
4. Complainant’s Reply to the Respondent State’s Arguments
93.
In response to the Respondent States challenge on compatibility in terms of
Article 56(2) of the African Charter, the Complainant argues that the only question at
this stage of the Communication is whether he has made out a prima facie case of
violations, which entails allegations which if proven, would constitute violations of
the right guaranteed under the Charter. He maintains that the evidence required for
this purpose can only be of a preliminary nature, and the applicable standard of
proof to be met by such evidence is lower than the standard employed at the merits
stage.
94.
In further support of the allegation that he was in Djibouti, the Complainant
attached to his Reply; three further declaration of Cori Crider, John Sifton, and Clara
Gutteridge being experts on the alleged U.S. rendition program. The purport of these
declarations is to show that Djibouti including the US base in Djibouti called Camp
Lamonnier was used as a conduit for transferring people captured under the US
Government’s extraordinary rendition program. The declarations are also meant to
corroborate the Complainant’s assertion that while in Djibouti he was held
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