120. Our findings in the above regard are therefore as follows:
Prayer (a): A declaration that the system of administration of justice and
governance in Burundi is not conducive and enabling for the effective
operation of justice as envisaged by Articles 6(d) and 7(2) of the Treaty. The
evidence on record pertained to specific acts of Treaty violation but it is
not sufficient to warrant the declaration sought.
Prayer (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. This prayer too cannot be
granted for the same reasons as in prayer (a).
Prayer (c): A declaration that the procedure adopted and employed by both
the Prosecutor 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. This prayer is
in part premised on Issue No. 2. Regarding the procedure leading to the
disbarment of Mr. Rufyikiri, this Court finds that not following the
prescribed legal process in instituting the disbarment case against Mr.
Rufyikiri before the Court of Appeal of Bujumbura constitutes a violation
of due process and this violation, imputable to the 1st Respondent,
offends the rule of law principle enshrined in Articles 6(d) and 7(2) of the
Treaty.
Prayer (d): A declaration that the decision and order of the Court of Appeal
of Bujumbura of 28th January 2014, and the travel ban imposed on Mr.
Isidore Rufyikiri by the Prosecutor of the Anti-Corruption Court of the
Republic of Burundi infringe upon and are in contravention of Articles 6(d)
and 7(1) & (2) of the Treaty. The prayer is allowed in the following terms
only: The unprocedural way in which Mr. Rufyikiri was banned from
REFERENCE NO.1 OF 2014
Page 39