Camp Lamonnier which is under US control, this would mean that the Complainant
was under US effective control immediately upon his arrival, if not prior thereto.
168. Taken together with the fact that the alleged means for transporting the
Complainant to Djibouti are of doubtful practicality, the Commission is unable to
draw a definite conclusion that these inconsistent pieces of circumstantial evidence
point to his alleged presence in Djibouti as the only reasonable fact other than his
presence in other alternative locations..
169. Thirdly, the Complainant refers to various reports and several expert
declarations which the Commission does not find necessary to enumerate. It suffices
to state that the sum total of all the reports with supporting documents indicate
overwhelmingly that the U.S. Government ran an extraordinary rendition program
with the assistance of fifty-four participating states which included Djibouti. To the
extent that these reports document that the Complainant was in Djibouti, they cite
the Complainant’s own testimony either to the media or as filed in this
Communication as sources. In this regard they are of limited value since they simply
reproduce the Complainants own testimony..
170. Strikingly, all the extensive evidence presented in this regard does not
establish but one critical point: whether among the many states participating in the
U.S. Government extraordinary rendition program, the Complainant was in fact in
Djibouti as he alleges. In this regard, the Commission notes for example that none of
the flights which travelled through Djibouti as captured in the Declaration of Mr
Crofton Black coincide with the dates that the Complainant alleges he entered or left
Djibouti.
171. The Commission fully notes the Complainant’s observation that some flight
data is missing, allegedly because rendition flights into and out of Djibouti were
allowed without filing data with the local aviation authorities. This however
contradicted by the fact that data for several flights which passed through Djibouti
have been identified and retrieved. Of all the flights associated with the
extraordinary rendition program passing through Djibouti, it is surprisingly only the
data for the flight which allegedly transported the Complainant that is missing. The
absence of data for the relevant flight does not help the hypothesis that he was in
Djibouti other than the other possible countries.
172. The Commission is also mindful of the fact that the clandestine nature of the
extraordinary rendition program entails that direct evidence may be hard to come
34