13. The 1st Respondent filed a Response to the Reference on 14th
December 2010 and in it, raised the following issues:
(i)
That although he was not aware of the Subject’s arrest
and detention as claimed, upon the Reference being filed
and served on him, “all necessary measures [would] be
undertaken to address the situation.”
(ii)
That the Reference is misconceived, frivolous and
vexatious because the Applicant has failed to exhaust the
local remedy of habeas corpus to seek the production of
the Subject and neither has she shown that the Republic
of Rwanda has failed to fulfill its obligations under the
Treaty and therefore necessitating an investigation by the
1st Respondent or even the filing of a Reference in that
regard.
In Submissions, the Counsel for the 1st Respondent added that:
(iii) Upon learning of the Applicant’s complaint, the 1st
Respondent initiated correspondence with the 2nd
Respondent and he was informed that the Applicant’s
allegations were being appropriately addressed.
That
therefore, the 1st Respondent had no further role to play
in the matter and this Court should not find that he has
failed in his obligations under the Treaty, in any way.
REFERENCE NO.8 OF 2010
Page 8