actively and proactively fulfil his Treaty functions in order to ensure Partner States’ compliance with their Treaty obligations. An order in this regard will be made at the end of this judgment. Prayer (i): An order directing the 1st and the 2nd Respondents to appear and file before this Honorable Court a progress report on remedial mechanisms and steps taken towards the implementation of the Order sought by the Applicant in prayer (7) above, every three months or such other lesser period as the Court shall deem expedient. An order in this regard will be made at the end of this judgment. Prayer (j): An order that the costs of and incidental to this Reference be met by the Respondents. The matter in issue falling in the category of public interest litigation, we deem it just that each party bears its costs. Final Orders 121. For the reasons above, the final orders to be made are as follows: I. Prayers (a), (b), (e) and (f) are disallowed and are consequently dismissed. II. Prayers (c) is allowed in the following terms only: A declaration is hereby made that the procedure adopted and employed by the Prosecutor General to disbar Mr. Isidore Rufyikiri was in breach of the right to a fair trial and therefore a violation of the rule of law principle enshrined in Articles 6(d) and 7(2) of the Treaty. III. Prayers (d) is allowed in the following terms only: A declaration is hereby made that the procedure adopted and the decision taken by the Prosecutor General of the Anti-Corruption Court of Burundi to impose a travel ban on Mr. Isidore Rufyikiri infringed upon and was in contravention of the rule of law principle embodied in Articles 6(d) and 7(2) of the Treaty. REFERENCE NO.1 OF 2014 Page 41

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