by, and a victim can only resort to circumstantial evidence for purposes of establishing a sufficient connection between the alleged violations and the Respondent State by way of establishing compatibility ratione loci and ratione personae. The Commission is well prepared to draw inferences of fact from such evidence. However, the Commission holds the view that where circumstantial evidence is sought to be relied on, as is the case in the present Communication, such evidence must not be open to multiple inconsistent inferences creating considerable doubt about a given inference preferred by a Party.. 173. Further, the Commission has considered the case of El-Masri v. The Former Yugoslav Republic of Macedonia (2012) ECHR (Application no. 39630/09) on which the present Communication appears to have been modelled and on which the Complainant considerably relies. Mr. El-Masri was subjected to the same alleged US Government extraordinary rendition program as alleged in the present Communication. He was rendered from the territory of the Former Yugoslav Republic of Macedonia, the Respondent in that case. There was overwhelming evidence placing the applicant both in the territory and under the jurisdiction of the Former Yugoslav Republic of Macedonia. Among others, the European Court relied on the testimony of a former Minister of Interior of the Respondent State who confirmed that Macedonian law-enforcement authorities, acting upon a valid international arrest warrant issued by the US authorities, had detained the applicant, kept him incommunicado and under the constant supervision of UBK (State Intelligence Service) agents in a location in Skopje. He had later been handed over to the custody of a CIA “rendition team” at Skopje Airport and had been flown out of the respondent State on a CIA-operated aircraft.22 174. In this regard the Court found that “his statement [was] a confirmation of the facts established in the course of the other investigations and of the applicant’s consistent and coherent description of events.”23 Such other established facts included aviation and flight logs which coincided with the dates of the applicant’s movements as narrated by him.24 175. By contrast with the present Communication, whereas the barrage of evidence produced by the Complainant make a strong case of the existence of the U.S. Government’s extraordinary rendition program and that the Republic of Djibouti participated in the program, there are multiple factual lacunae and El-Masri v The Former Yugoslav Republic of Macedonia (2012) ECHR (Application no. 39630/09) para 161 23 Ibid. 24 Id, para 157 22 35

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