we have no jurisdiction to give any orders as prayed above but we shall
instead direct the Republic of Burundi, within its internal legal processes
to implement this Judgment under Article 38(3) of the Treaty.
122. As for costs, none were sought by the Applicant, but the Respondent
did so. Our finding is that no party should benefit from costs as the
matters in issue were for the benefit of the wider public and falls in the
category of public interest litigation.
Final Orders
123. Having found as above, the final orders to be made are as follows:i) Prayers (i) and (ii) of the Reference are granted in the following
terms only:a) It is hereby declared that Article 19(b), (g), (i) and
part of (j) of the Burundian Law No.1/11 of 4th June
2013 amending Law No.1/025 of
27th November
2003 which restrict dissemination of information on
the stability of the currency, offensive articles or
reports
regarding
public
or
private
persons,
information that may harm the credit of the State
and
national
economy,
diplomacy,
scientific
research and reports of Commissions of inquiry by
the State are in violation of the principles enshrined
in Articles 6(d) and 7(2) of the Treaty.
b) It is hereby declared that Article 20 of the Burundian Law
No.1/11 of 4th June 2013 amending Law No.1/025 of 27th
November 2003 to the extent that it obligates journalists
to reveal their sources of information before the
competent authorities in situations where the information
relates to offences against State security, public order,
Reference No. 5 of 2013
Page 42
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