is within Djiboutian jurisdiction and subject to Djiboutian law, yet in the same affidavit it is said that Djiboutian authorities has no power to enforce its laws on U.S. Government personnel on account of diplomatic immunities. In his view this means that there are no effective remedies in Djibouti against U.S. Government personnel stationed at Camp Lamonnier. 8. Complainant’s Summary of New Facts 115. The Complainant submitted a Summary of New Facts in response to the Commission’s request pursuant to Rule 99(2) of the Rules of Procedure. As it turned out, the Summary of New Facts canvassed a new Declaration of Mr. Crofton Black with multiple annexures; and two voluminous reports by the Open Society Foundations2 and The Constitution Project3 both published in 2013 after the present Communication was submitted. 116. The purport of Mr Crofton Black’s Declaration is to illustrate how the U.S. Government allegedly chartered aircrafts through intermediaries to fly detainees under the extraordinary rendition program; how Djibouti allegedly participated in the program tracing multiple flights allegedly associated with the program passing through Djibouti. 117. For its part, the purport of the report of the Open Society Foundations is to further illustrate that Djibouti is one of fifty-four Governments including Djibouti that allegedly knowingly participated in the U.S. Government rendition program by allowing Djiboutian law enforcement personnel to carry out arrests and secret detentions; and rendering individual to States where they faced torture and other abuses. 118. Lastly, the report of The Constitution Project is meant to save more less the same purpose as the report of the Open Society Foundation captured above. 9. Respondent State’s Observations on Complainant’s Final Response and New Facts 119. In connection with the oral hearing, the Respondent State also presented written submissions comprising its observations on Complainant’s final response on Open Society Foundations, ‘Globalising Torture: CIA Secret Detention and Extraordinary Rendition, February 2013, http://www.opensocietyfoundations.org/sites/default/files/globalizing-torture20120205.pdf (as presented by the Complainant). 3 The Constitution Project, ‘The Report of The Constitution Project’s Task Force on Detainee Treatment, 2013 http://detaineetaskforce.org/read/ (as presented by the Complainant). 2 22

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