II.
2.
Subject matter of the Application
The Applicants allege that they were in Mozambique exploring business
opportunities when , on 16 December 2005, they were, without lawful resort to legal
measures of extradition, kidnapped and arrested by the Mozambican police, in
collaboration with the Kenyan and Tanzanian Police Forces, after a false report
made by a lady by name Maimouna Salimo, for being linked to dangerous elements
of the Kenyan military forces and Kenya administration Police. They also allege that
thereafter they were put on a military airplane referred to as Buffalo bound for
Tanzania .
3.
According to the Applicants, prior to their being brought to Tanzania , the
Mozambican Police arraigned them before an investigating judge who acquitted
them of any wrong-doing and ordered their release. They add that in defiance of the
court order, Mozambican police kept them in custody until they were forcibly and
unlawfully transferred to Tanzania on 16 January 2006.
4.
The Applicants explain that in the morning of 14 January 2006 , while still under the
custody of the Mozambican authorities, they were handcuffed and bundled into
police vans, driven to Maputo city airport, where they met a group of Kenyan and
Tanzanian Police Officers, including a Tanzanian Officer whom they later came to
know as SSP Kigondo , the Regional Criminal Officer, Kilimanjaro Region. This
Police Officer they say who was holding their possessions, including boarding
passes for a commercial flight scheduled for Dar-es-Salaam and a transparent
plastic bag full of handcuffs.
5.
According to them, they refused to board the commercial flight, although their
luggage had been checked-in, and following their refusal to board the commercial
flight, they were bundled into the vans and returned to the pollee station for lockup,
until the morning of 16 January 2006, when they were again forcefully driven to a
4