amounting to lack of procedural due process were committed in the
way Mr. Rufyikiri was banned from travelling outside the Burundian
territory. Consequently, we hold that due process of law, one of the
cornerstones of the rule of law, was not respected by the 1st
Respondent and that this constitutes a violation of its Treaty
obligations under Articles 6(d) and 7(2) of the Treaty.
Disbarment from the Roll of Advocates of the Burundi Bar
Association
97. As the case stands, the bone of contention appears for us to be
whether due process of law was followed in filing a disbarment case
against Mr. Rufyikiri before the Court of Appeal of Bujumbura while
the time required for the Bar Council to decide on the complaint filed
by the Prosecutor General to consider disbarring the same Mr.
Rufyikiri had not elapsed.
Applicable Law
98. The applicable law as referred to us by the parties is Law No. 1/014 of
29th November
2002 on the Reform of the Statute of the legal
profession (Advocates
Act,
2002) and the relevant provisions
applicable to the instant matter are Articles 57, 61, 63, 65, 67 and 71
of the said law. For ease of reference, we are reproducing them
hereunder.
Article 57 provides that:
“Any violation of laws and regulations, any breach of professional
rules , any breach of
probity and honor even relating to extra-
professional facts , expose the lawyer (or trainee lawyer ) who is the
author to the following disciplinary sanctions:
- Warning;
- Blame;
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