without
trial in special
hearing,
courts,
and
it is usually heard more
of general
follow
jurisdiction.
the
jurisdiction
same
courts
if there
rapidly than
Special
courts
procedural
rules
follow;
is a trial or
often
special
in a court
usually
do
not
that
general-
courts
proceed
without the benefit or expense of attorneys or even lawtrained judges.”
57.As
may
be
deduced
from
the
foregoing
literature,
commonplace
that special courts would hear a much
of cases
those
than
the cases
before
entertained
them
more
and
do
is
quite
narrower range
by general-jurisdiction
rapidly;
it
courts;
not usually
hear
apply the
same procedural rules as the general-jurisdiction courts.
58. Against that yardstick,
contravenes
therefore, we do not think that Act No.
the principle of rule of law simply
because
it does
provide for appeals from the Special Court to the Supreme
any
event,
Respondent,
as
quite
the
rightly
said
law
argued
does
by
make
learned
provision
Counsel
for
1/26
an
Court.
for
not
In
the
appellate
process from the First Instance Division to the Appellate Chamber of
the Court.
In fact, the judges of the Special Court do appear to have
the same standing in terms of qualifications as judges of the Supreme
Court of Burundi.
Hence the question of the legal proficiency of the
Court’s judgments
would
not arise.
that the Burundi Constitution
We
take the view that the fact
provided for the Supreme
Court as the
highest court of the land does not necessarily translate into all judicial
matters having the option to progress thereto.
59.
Indeed,
had we considered
the provisions
of Article 40 of the law,
the fact that the commencement of an appeal process does not serve
Reference No.1 5 of 2014
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