Court has jurisdiction to entertain prayers (a) and (d) of the
Reference. However, in light of the aforementioned case law, we
agree with the Respondent that this Court lacks jurisdiction to
grant prayers (b) and (c) since they fall outside the Court’s
jurisdiction as provided for by Articles 23, 27 as read together
with Article 30 of the Treaty.
34. We therefore answer issue No. 1 partly in the affirmative.
35. Having so decided, we now turn to the substantive matter
pertaining to whether or not there has been violation of Articles
6(d) and 7(2) of the Treaty and the question of the admissibility of
this Reference while there is another related case pending before
the Supreme Court of Burundi. This imperatively calls for a
determination on whether the Reference discloses a cause of
action under Article 30(1) of the Treaty.
36. As recalled above, the substratum of the Reference is the
Applicant’s contention that, by refusing to execute “a definitive
and enforceable” judgment rendered by the Administrative Court
of Bujumbura, awarding damages to him for loss allegedly caused
by the Government of Burundi, the latter violated Articles 6(d) and
7(2) of the Treaty. The Respondent’s main opposing argument is
that there is no infringement to any provision of the Treaty since
there is no enforceable judgment that the Government has failed
to execute as the very judgment referred to by the Applicant has
been overturned by another judgment of the Supreme Court of
Burundi and that an application to review the latter is still
pending before the Supreme Court.
REFERENCE No. 2 OF 2013
Page 11
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