ii) Respondent's Submissions
76. On its part, the Respondent avers that the extradition of the Applicants was not
illegal as it was carried out in accordance with the Extradition Acts of both
countries on a reciprocal basis. The Respondent annexed a document titled the
"Extradition Act, 1965" showing an extradition agreement between the
Respondent and the Republic of Kenya. On this basis, the Respondent
contends that this allegation lacks merit and that it should be dismissed.
iii) The Court's Assessment
77. The Court notes that the Applicants' complaint in respect of their extradition
has two related facets: first, the claim that the Applicants were extradited
without a pre-existing extradition agreement between the Respondent and the
Republic of Kenya. Second, the allegation that the Applicants were denied their
right to appeal against the extradition order because of the swift implementation
of the order by a joint Kenyan and Tanzanian Police force.
78. However, the Court recalls its earlier finding that its jurisdiction is only limited to
allegations involving the responsibility of the Respondent, as the Republic of
Kenya has not made a declaration allowing individuals and NGOs to access
this Court and is not party to these proceedings.
79. The Court observes that it is the Republic of Kenya which extradited the
Applicants and the Respondent may not be held responsible for the conduct of
the Republic of Kenya in the course of the extradition. Therefore, the allegation
of the Applicants that they were extradited unlawfully and that their extradition
violated their right to appeal under article 7 (1) (a) of the Charter is hereby
dismissed.
21 Alleged Violations relating to the Identification Parade
i)
Applicants' Submissions
80. The Applicants allege that the identification parade exercise of 25 March 2003,
was carried out after their pictures and descriptions taken by I.TV and TVT
media, the day before at the Namanga border, were in most of the local
newspapers and had been aired by different TV channels in Tanzania. The
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