62. Further, it was the Respondent’s case that the orders sought cannot be
granted as Articles 6(d) and 7(2) have not been violated in any way.
63. In making the above submissions, Mr. Kayobera relied on the decision
of this Court in Rugumba vs. AG of Rwanda [supra] to make the point
that although exhaustion of local remedies is not a condition precedent
before filing any matter before this Court, the Applicant had exercised its
rights under Burundian Law and obtained a decision at the Constitutional
Court and had no reason to come to this Court.
64. On the jurisdiction of this Court to grant certain orders, he relied on the
case of Nyamoya Francis vs. AG of Burundi & Anor, Ref. No.8 of
2011 and Masenge vs. AG of Burundi, Ref. No.9 of 2012 to make the
point that this Court, under Articles 23 and 23 of the Treaty as read with
Article 30 thereof, cannot issue some of the orders sought in the
Reference including annulling the Press Law in part or in whole.
65. For the above reasons, Mr. Kayobera prayed that the Reference should
be dismissed with costs
Submissions by the Amici Curiae
66. The Amici Curiae submitted that looked at against past decisions of
International and National Courts, the Press Law is inconsistent with
freedom of expression and freedom of the Press and therefore, also
contravenes the Fundamental and Operational Principles of the Treaty
under Articles 6(d) and 7(2).
67. In his submission and in furtherance of the above position, Mr.
Nshimirimana submitted that there is a crucial relationship between
freedom of expression, freedom of the press and the Treaty – projected
principles of democracy, the rule of law, accountability, transparency,
social justice and the promotion and protection of human rights.
Reference No. 5 of 2013
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