ii) Respondent's Submissions 76. On its part, the Respondent avers that the extradition of the Applicants was not illegal as it was carried out in accordance with the Extradition Acts of both countries on a reciprocal basis. The Respondent annexed a document titled the "Extradition Act, 1965" showing an extradition agreement between the Respondent and the Republic of Kenya. On this basis, the Respondent contends that this allegation lacks merit and that it should be dismissed. iii) The Court's Assessment 77. The Court notes that the Applicants' complaint in respect of their extradition has two related facets: first, the claim that the Applicants were extradited without a pre-existing extradition agreement between the Respondent and the Republic of Kenya. Second, the allegation that the Applicants were denied their right to appeal against the extradition order because of the swift implementation of the order by a joint Kenyan and Tanzanian Police force. 78. However, the Court recalls its earlier finding that its jurisdiction is only limited to allegations involving the responsibility of the Respondent, as the Republic of Kenya has not made a declaration allowing individuals and NGOs to access this Court and is not party to these proceedings. 79. The Court observes that it is the Republic of Kenya which extradited the Applicants and the Respondent may not be held responsible for the conduct of the Republic of Kenya in the course of the extradition. Therefore, the allegation of the Applicants that they were extradited unlawfully and that their extradition violated their right to appeal under article 7 (1) (a) of the Charter is hereby dismissed. 21 Alleged Violations relating to the Identification Parade i) Applicants' Submissions 80. The Applicants allege that the identification parade exercise of 25 March 2003, was carried out after their pictures and descriptions taken by I.TV and TVT media, the day before at the Namanga border, were in most of the local newspapers and had been aired by different TV channels in Tanzania. The ~X? 22 #~~ -POO

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