has a full right to enjoy his freedom without any prior conditions
[prayer c] and the prayer seeking an order that the Applicant be
immediately released [prayer (d)].
27.
On his part, Counsel for the 2nd Respondent joined issue
with Counsel for the 1st Respondent and submitted that the
Court has jurisdiction to interpret and apply the provisions of
the Treaty, including Articles 6(d), 7(2) of the Treaty as was
decided in Plaxeda Rugumba’s case (supra) and James
Katabazi’s case (supra).
28.
He then argued that in respect of some of the prayers
sought by the Applicant, namely part of prayer (a), and prayers
(b) and (e), the Court in exercise of its interpretative jurisdiction
under Article 27(1) of the Treaty may grant relief if on the
evidence by the Applicant that relief arises.
29.
Counsel hastened to add, however, that in respect of
remedies under paragraphs (c) and (d) of the Reference which are
matters of human rights and matters of municipal jurisdiction,
and as was stated by this Court in the Plaxeda Rugumba’s case
(supra), the Court will not exercise jurisdiction.
DECISION OF THE COURT ON ISSUE NO.1
30.
Given the factual background of the Reference, the Court has to
examine whether it has the requisite jurisdiction to determine
the Applicant’s allegations against the Respondents. In that
regard, the starting point is Article 23(1) of the Treaty as read
together with Article 27 from which the Court derives its
mandate. Article 23 provides that:
REFERENCE NO.3 OF 2012
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