109. Lastly, the Respondent State introduces the affidavit of the Director General
of National Security of Djibouti to underscore that its SOFA Agreement with the U.S.
Government in respect of use of Camp Lamonnier is consistent with standard
practice for such agreements between states and the United Nations and states inter
se. Similarly the SOFA contains standard diplomatic immunities. In this connection it
argues that even if the Complainant could for argument’s sake be deemed to have
been detained at Camp Lamonnier, such detention was without its knowledge or
involvement as Camp Lamonnier was inviolate under the SOFA Agreement and
international law on diplomatic relations. Accordingly, so it submits, there is no
prima facie case that Djibouti was complicit in the alleged violations by a third state.
110. Moreover, it reiterates, the Commission must desist from considering this
Communication on the merits because it would, contrary to international law,
inescapably have to examine the propriety of the conduct of a third state which is
and cannot be a party to this Communication. Accordingly the Respondent State
reiterates that the present Communication must be declared inadmissible.
7. Complainant’s ‘Final’ Response on Admissibility
111. The Complainant submitted further observations and the Commission
allowed them taking into account that the Respondent State had introduced anew a
second affidavit of its Chief Prosecutor, an affidavit of the Director General of
National Security, and a satellite image of its Ambouli International Airport.
112. In his further submissions, the Complainant raised the objections determined
above (see paragraphs 55 to 66).
113. Further, regarding the three sets of evidence introduced by the Respondent
State in its Reply on Admissibility, the Complainant observes first that
determination of whether there is sufficient evidence to show that the Complainant
was in Djibouti is a matter for the merits stage. For the present purposes, he insists
that the evidence presented ranging from his own testimony; the record of habeas
corpus proceedings in Tanzania; reports of international organisations; the Affidavits
of three experts on the alleged U.S. Government’s rendition program all prove that
Camp Lamonnier was routinely used for detention and a transit for rendition flights.
He maintains that the said evidence also places him in Djibouti for approximately
two weeks.
114. Other than the above, the Complainant also observes that the affidavit of the
Director General of National Security establishes that even though Camp Lamonnier
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