would be to deter the Partner State/Respondent from repeating
the breach and thereby reduce the anticipated millions of
Applicants with similar complaints of breaches of the Treaty. In
the event, the 2nd Respondent’s fear of an avalanche of
litigation in the EACJ is misplaced and is accordingly overruled.
42. We need say no more; the conduct of the 2nd Respondent with
regard to the detention of the Subject without trial and without
at the very least, production of the Subject before a competent
Court or Tribunal for a period of five (5) months was in breach
of Articles 6(d) and 7(2) of the Treaty and we so declare. As he
is now before a competent authority in the Partner State, we
decline to say anything of the proceedings subsequent to 28th
January 2011, save that by Rwandan law, to wit Article 100 of
the Rwandan code of Criminal Procedure, the Preventive
Detention Order cannot exceed one year and the 2nd
Respondent must appreciate that fact, noting that the initial
order was made on 28th January, 2011 and must necessarily
come to an end on 28th January, 2012.
(F)
COSTS
REFERENCE NO.8 OF 2010
Page 30