f 0o{030:,,: 23. This is once again the case with regard to the allegation of the right to have his honour, his reputation and his dignity respected. ln paragraph 257 of the judgement, the Court makes the following findings: "On this issue, the Court finds that the acquittal judgement on the benefit of the doubt is not a violation of the honour, the reputation or the dignity of the Applicanl and is not a violation of Articte 5 of the Chartel' fltalic addedl 24. Once again, the operative part of the judgement does not reflect this finding. 25. All these omissions are problematic because we all know the importance of the operative pafi of the judgement. The operative part contains alone the decisions of the Court and a measure or a finding not contained in the operative part is reputed not to be part of the decision of the Court. lV. The Court included a measure in the operative part which was not discussed in the body of the judgement 26. ln the same manner, a decision or a finding which is contained in the operative part, but which has not been discussed in the body of the judgement could be problematic. 27. ln that regard, the measure found in paragraph (xxii) of the operative part and which orders the Respondent State to take all necessary measures to annul the sentence of the Applicant of twenty years in prison, was not discussed in the body of the judgement. 28. We understand without doubt that this measure is a logical and direct consequence of the finding that the Applicant's right to be tried by a competent court was violated (CRIET was not the appropriate court in this case) [paragraph 140]. However, the Court ought to have stated and explained it clearly in the part of the judgement dealing with reparations as it usually does. 29. ln all, these lacunae or shortcomings in the reasoning of the Court on certain issues, in addition to the lack of concordance between the reasoning and the operative part in some areas unfortunately leave a vague impression that the Court was in a haste to produce its judgement, which naturally does not suit the usual serenity of justice. Judge G6rard Niyungeko 5

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