005051
123.
The Respondent State submitted that the Applicant only alluded to the bias on the
part of Justice Dotse, noting that the judgment that the Applicant complained
about
was unanimously rendered by all eleven judges, including eight judges of the Ordinary
Bench of Supreme
Court. The Respondent
also contends that the judgment
of the
Ordinary Bench of the Supreme Court was mostly in favour of the Applicant.
kkKk
124. The Court observes from the record and it is not in contention between the Parties
that Justice Dotse in his concurring opinion at the Ordinary Bench referred to the
Applicant as having formed an alliance with another party, Waterville Holding Ltd to
“create, loot and share the resources of the country as if a brigade had been set up
for such an enterprise.” and further referred to the Applicant as being at the centre
of “the infamous Woyome
125. The issue for determination
a perception
of bias
and
payment scandal’.
is thus whether the remarks of Justice Dotse disclose
in light of the
circumstances,
call into question
the
impartiality of the Review Bench of the Supreme Court as a whole.
126. According to the Dictionnaire de Droit International Public, impartiality signifies the
absence of bias, prejudice on the part of a judge, referee or expert in dealings with
parties appearing before him.”*4
127. The Court notes that according to the Commentary
on the Bangalore Principle of
Judicial Conduct;
“A judge’s personal values, philosophy, or beliefs about the law may not
constitute bias.
The fact that a judge has a general opinion about a legal or
*4 Dictionnaire de droit international public, Sous la direction de Jean Salmon, Bruyant, Bruxelles, 2001, at
562. See also Application No. 003/2014. Judgment of 24/11/2017, Ingabire Victoire Umunoza Vv. Republic
of Rwanda, §103 and 104 and Black's Law Dictionary (27 ed. 1910).