7. Briefly, the Applicant avers that on 15th October 2009, he was arrested on suspicion that he had committed murder of one Ernest Manirumva. He alleges that following his arrest, he was not charged within the time prescribed by the Burundi Code of Penal Procedure and has since then been subjected to arbitrary and unlawful detention by agents of the Government of Burundi. 8. He claims that the acts/omissions of the Government of Burundi was an infringement of Article 6(d) of the Treaty since they violate the fundamental principles of the East African Community. He further claims that the matter gained so much notoriety that the 2nd Respondent is bound to have known and ought to have taken action pursuant to Articles 29(1) and 71(1) (d) of the Treaty. 9. The Applicant therefore seeks declarations from the Court that: a) Keeping him in detention is an infringement of Article 6(d) of the Treaty; b) The Secretary General failed to fulfil his obligations under Articles 29 and 71(1)(d) of the Treaty; c) He has a full right to enjoy his freedom without any prior condition; d) An order that he be immediately released; e) The costs of the reference. FIRST RESPONDENT’S CASE 10. The 1st Respondent’s case is set out in his response and amended response to the Reference filed on 26th March 2012 and 22nd February 2013 respectively. REFERENCE NO.3 OF 2012 Page 4