8. It is further contended that the Applicant has invoked Article 6(d) of the Treaty which enjoins a Partner State to govern its people in accordance with the principles of good governance including strict adherence to the Principles of Democracy, Rule of Law, including, the protection of human and peoples’ rights as enshrined in the African Charter on Human and Peoples Rights. It is the Applicant’s argument that she has placed sufficient evidence by way of Affidavits, that the Subject was arrested and detained without being charged before a competent Court and he was therefore not afforded the opportunity to appear and defend himself and those actions were against the Rule of Law and clearly a breach of Articles 6(d) and 7(2) of the Treaty and also of the Laws of Rwanda. 9. It is also contended that the court has the Jurisdiction to make a declaration under Article 27(1) of the Treaty that the act of arresting and detaining the Subject was in breach of the Treaty and the Government of Rwanda should bear culpability in that regard. 10. Fourthly, it was the Applicant’s further argument that it had no legal obligation to exhaust all local remedies in Rwanda before filing the present Reference. That in fact, the special Jurisdiction conferred on this Court to interpret the Treaty REFERENCE NO.8 OF 2010 Page 6