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