Article 6 of the Treaty for the Establishment of the East African
Community and that it is null and void;
(b) A declaration that the 2nd Respondent failed to fulfill his
obligations under Articles 29 and 71 of the Treaty establishing the
East African Community;
(c) Declare that the Applicant has a full right to enjoy his freedom
according to the judgment of Tribunal of First Instance of
Bujumbura
(d) Order that Professor Nyamoya Francois be immediately released
without any conditions.
(e) Costs of this Reference”
40.We are persuaded by the reasoning of learned Counsel for the 2nd
Respondent and we fully associate ourselves with his submission that
this Court has jurisdiction to entertain prayers (a), (b) and (e) of the
Reference now before us.
41.Further to the foregoing, we wish to reiterate what this Court has
consistently maintained/ held that the mere inclusion of allegations of
human rights violations in a Reference will not deter this Court from
exercising its interpretative jurisdiction under Article 27 (1) of the Treaty.
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