21. The
Applicant
then
alleged
that
the
acts
of
the
servants/agents/institutions of the 1st Respondent of prosecuting Mr.
Rufyikiri before the Anti-Corruption Court, disbarring him from the
Roll of Advocates and prohibiting him from travelling outside Burundi
were unprocedural, and in breach of the rule of law, good governance,
the
right
of
free
movement,
as
well
as
Articles
6(d),
7(2),
11,27,29,30,38,67(3)(d),71,143,146 and 147 of the Treaty.
22. The Applicant further alleged that the 2nd Respondent was in breach
of his duty under the Treaty for failure to regularly monitor the
observance of Treaty obligations by Partner States so as to advise the
Summit and the Council over measures to effect compliance.
23. The Applicant therefore seeks declarations and orders from the Court
as follows:
a) A declaration that the system of administration of justice
and governance in Burundi is not conducive and enabling
for the effective operation of the justice as envisaged by
Articles 6(d) and 7(2) of the Treaty;
b) A declaration that by virtue of the legal system currently
existent in Burundi, there is no distinctive separation of
powers between the Judiciary and the Executive and hence
a breach of the relevant provisions in Articles 6(d) and 7(2)
of the Treaty;
c) A declaration that the procedure adopted and employed by
both the Prosecutor General and the Court of Appeal of
Bujumbura to disbar Mr. Isidore Rufyikiri was in breach of
the international instruments on the right to a fair trial as
provided by Articles 6(d) and 7(2) of the Treaty;
d) A declaration that the decision and order of the Court of
Appeal of Burundi [sic] of 28th January 2014; and the travel
ban imposed on Mr. Isidore Rufyikiri by the Prosecutor
REFERENCE NO.1 OF 2014
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