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37. We say so because we are of the firm view that the principles set out in Article 6(d) and 7(2) were not inscribed in vain. The Jurisdiction of this Court to interprete any breach of those Articles was also not in vain, neither was it cosmetic. The invocation of the provisions of the African Charter on Human and Peoples Rights was not merely decorative of the Treaty but was meant to bind Partner States hence the words that Partner States must bind themselves to the “adherence to the principles of democracy, the rule of Law …as well as the recognition, promotion and protection of Human and Peoples Rights in accordance with the provisions of the African Charter on Human and Peoples Rights” (ACHPR). It is common knowledge that Article 6 of the Charter provides that a person shall not be deprived of his liberty except in circumstances permissible by Law. 38. Where a person is deliberately deprived of his liberty for a period of five (5) months by a Partner State and the Military High Court of the Partner State finds the deprivation to be “irregular” and therefore unlawful, how can this Court in its interpretive mandate find otherwise? 39. It has been suggested by the 2nd Respondent that once the Subject’s situation was “regularized” by the military High REFERENCE NO.8 OF 2010 Page 26

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Introduction2
Applicant's Case4
1st Respondent's Case7
2nd Respondent's Case9
Issues for Determination11
Whether the East African Court of Justice has Jurisdiction to Entertain the Reference Herein12
Whether it was Permissible to File the Application out of Time18
Whether the Applicant Should Have Exhausted Local Remedies Before Filing the Reference20
Whether the 1st Respondent is in Breach of the Treaty by the Failure to Investigate the Alleged Breaches by the 2nd Respondent22
Whether the 2nd Respondent's Arrest and Detention of Lieutenant Colonel Ngabo was in Violation of the law of Rwanda23
Costs4
Conclusion31

Plaxeda Rugumba 2010 8 judgment 2011

Decisão do Tribunal do Leste Africano

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CAE / Órgão CAE

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Prisão e Detenção Arbitrárias

Resultado: Decidiu sobre os Méritos

Data da Decisão: 1 de dez. de 2011

Duração do Procedimento: ~ 1 de dez. de 2011

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08_10 Plaxeda Rugumba v Secretary General of the East African Community & anor.pdf
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EACJ Treaty

ARTICLE 30Reference by Legal andNatural Persons1.Subject to theprovisions of Article 27 of this Treaty,any person who is resident in a Partner State may refer for determination by the Court, the legality of any Act,regulation, directive, decision or action of a Partner State or aninstitution of the Community on the grounds that such Act, regulation, directive, decision or action is unlawful or isan infringement of the provisions of this Treaty.2.The proceedings provided for in this Article shall be instituted within two monthsof the enactment, publication, directive, decision or action complained of, or in the absence thereof, of the day in which it came to the knowledge of the complainant, as the case may be;3.The Court shall have no jurisdiction under this Article where an Act, regulation, directive, decision or action has been reserved under this Treaty to an institution of a Partner State

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EACJ Treaty

ARTICLE 7Operational Principles of the Community1.The principles that shall govern the practical achievement of the objectives of the Community shall include:(a)people-centeredand market-driven co-operation; 14(b)the provision by the Partner States of an adequate and appropriate enabling environment, such as conducive policies and basic infrastructure;(c)the establishment of an export oriented economy for the Partner States in which there shall be free movement of goods, persons, labour, services, capital, information and technology;(d)the principle of subsidiarity with emphasis on multi-level participation and the involvement of a wide range of stake-holders in the process of integration;(e)the principle of variable geometry which allows for progression in co-operation among groups within the Community for wider integration schemes in various fields and at different speeds;(f)the equitable distribution of benefits accruing or to be derived from the operations of the Community and measures to address economic imbalances that may arise from such operations;(g)the principle of complementarity; and(h)the principle of asymmetry.2.The Partner States undertake to abide by the principles of good governance, includingadherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights.

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1. The East African Court of Justice Rules of Procedure 2013

24. (1) A reference by a Partner State, the Secretary GeneralReferencesor any person under Articles 28, 29, 30 respectively of the Treatyshall be instituted by lodging in the Court a statement of reference.(2) A statement of reference under sub-rule (1) shallstate—(a)the name, designation, address and where applicable residence of the applicant; (b)the name, designation, address and where applicable residence of the respondent; (c)the subject-of the reference and a summary of the points of law on which the application is based; (d)where appropriate, the nature of any evidence offered in support; (e)the relief sought by the applicant. (3)Where the reference seeks the annulment of an Act, regulation, directive, decision or action, the statement of reference shall be accompanied by documentary evidence of the same. (4)Where the reference is made by a body corporate the statement of reference shall be accompanied by documentary evidence of the existence in law of that body corporate. (5)The Applicant shall serve on every respondent named in the reference and where applicable on the Secretary General a notification of the reference and a copy of the statement of reference.

Rules of Procedure

EACJ Treaty

ARTICLE 6Fundamental Principles of the CommunityThe fundamental principles that shall govern the achievement of the objectives of the Community by the Partner States shallinclude:(a)mutual trust, political will and sovereign equality;(b)peaceful co-existence and good neighbourliness;(c)peaceful settlement of disputes;(d)good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protection of human and peoples rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights;

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EACJ Treaty

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