detention beyond forty eight (48) hours can only be
by an Order of a competent Court.”
35. There is little more to say in answer to the question posed
above except to state that the continued detention of the
Subject without trial in a competent Court was a breach of the
Laws of the Republic of Rwanda and we so declare.
36.
As a corollary to the above, we must now turn to the single
issue that concerns the interpretation of Articles 6(d) and 7(2)
of the Treaty.
Although we have touched on the issue in
passing, elsewhere above, it is clear to us that the arrest of the
Subject on suspicion of having committed a crime known to the
Laws of the Republic of Rwanda may per se not attract the
intervention of this Court. However, his detention from 20th
August 2010 to 28th January 2011 must do so. In making the
intervention in this case, as we shall shortly do, we are not
questioning the Partner State’s right to apprehend and
prosecute criminal suspects. In fact, we recognize this as every
Partner State’s duty and obligation to its populace. What we
respectfully reiterate however, is that Partner States should
apprehend and prosecute criminal suspects in accordance with
established laws and if they do not, then they violate the
Treaty.
REFERENCE NO.8 OF 2010
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