Court alleging that the 2nd Respondent failed to take appropriate
actions, under Articles 29 and 71 of the Treaty, against a Partner State
alleged to have violates its Treaty obligations by the unprocedural way
it handled Mr. Rufyikiri’s case.
63. On Issue No. 1, therefore, we hold that the instant Reference discloses
a cause of action against both the 1st and 2nd Respondents.
Issue No. 2: Whether the acts of the servants/agents of the 1st
Respondent in prosecuting Mr. Isidore Rufyikiri
before an Anti-
Corruption Court, disbarring him from the Table of Barristers and
prohibiting him from travelling outside Burundi constituted a
breach of the provisions of Article 6(d) and 7(2) of the Treaty.
Applicant’s Submissions
64. The Applicant contended that “the sum total of the treatment so
meted out to Mr. Isidore Rufyikiri amounts to a scheme by the
Government of Burundi to suppress criticism, and/or democratic
advice, to interfere with the rule of law, and a wanton disregard
of the human and professional rights of a Burundi citizen and
therefore contrary to the principles of the Treaty as provided in
Articles 6(d), and 7((2).”
65. As regards the prosecution of Mr. Rufyikiri and the prohibition from
travelling outside the country, Counsel for the Applicant alleged that
the scheme of acts that amounts to violation of the Treaty was
disclosed by the 1st Respondent’s failure to prove that there were any
valid grounds for commencing a prosecution against Mr. Rufyikiri in
the Anti-Corruption Court.
66. In addition, learned Counsel submitted that given that Mr. Sylvestre
Nyandwi’s affidavit in support of the 1st Respondent’s Response alleged
but did not disclose any evidence of mismanagement of CEBAC funds,
REFERENCE NO.1 OF 2014
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