First Instance Tribunal at Bujumbura ordered provisional release of the Applicant, the Public Prosecutor, in accordance with Article 84 (2) of the Burundi Criminal Procedure Code ,re-arrested him and retained him in lawful preventive detention. He also states that subsequently ,the said Public Prosecutor, immediately the Applicant’s release order was issued, appealed to the Court of Appeal of Bujumbura against the said order and on 5th September 2013, the Court of Appeal quashed the judgment of the First Instance Tribunal and in effect confirmed the Applicant’s preventive detention order. 13.It is on the basis of the foregoing that the 1st Respondent finally avers that the arrest and detention of the Applicant was lawful and that the Applicant cannot now be heard to say that the provisions of Article 6 (d) of the Treaty were violated by agents of the Government of Burundi. 14.Further, it is also the 1st Respondent’s contention that the matter complained of is one that relates to human rights and is vested in the National Courts of Burundi pursuant to Article 27(2) and 30 (3) of the Treaty and therefore no jurisdiction is thereby conferred on this Court. In any event, that the Applicant was granted provisional release on 17th February 2012 and since then he is no longer in detention and his complaints are therefore baseless. 6