5. Complainant’s Response to the Respondent State’s Supplemental Arguments
100. The Complainant submitted further written observations on the Respondent
State’s Supplemental Arguments. To the extent that these further observations raised
anything new, the Complainant maintains that the testimonies of the Complainant’s
father and wife disputing the validity of the Departure Declaration Card tendered by
the Tanzanian Authorities in the habeas corpus proceedings should not be accorded
any weight as they were acting under extreme stress. Moreover the Complainant
himself states in his testimony that he signed deportation documents. On the other
hand the Complainant submits that in accordance with its jurisprudence, the
Commission should not evaluate facts which have already by evaluated by
domestic.
101. Furthermore, the Complainant stresses that the totality of evidence presented
by the Complainant is more than sufficient to establish prima facie the allegation that
he was detained in Djibouti. In this regard the Complainant refers to his own
testimony that a guard told him that he was in Djibouti; that one guard admitted
being Djiboutian; that the Complainant himself saw the picture of the Djiboutian
President on the wall in the interrogation room; that Tanzanian immigration
authorities made it clear in the habeas corpus proceedings that he had been deported
to Djibouti.
102. Moreover, so argues the Complainant, the Respondent State has failed to
demonstrate that it undertook an effective investigation which could have unearthed
vital information.
6. Respondent States Reply to Complainant’s Response on Admissibility
103. Bearing in mind the additional evidence submitted by the Complainant in his
Reply to the Respondent State’s Arguments, the Respondent State submitted and the
Commission allowed a Reply on Admissibility to allow for observations on the three
additional declarations and others sources cited by the Complainant.
104. To the extent that the Respondent State presents any new submissions that
are relevant at this stage of the Communication, it introduces a second affidavit of
the Chief Prosecutor of Djibouti which is to the effect that the investigations entailed
questioning airport personnel at the only Djiboutian Ambouli International Airport,
immigration officers, officials in the armed forces, police and other security agencies.
These investigations did not yield any information that the Complainant was ever in
Djibouti. The Chief Prosecutor states that he went further to inquire from the U.S.
Government if the Complainant had been detained at Camp Lamonnier, and the U.S.
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