92. Based on the foregoing findings, we are of the view that a plain
reading of the abovementioned provisions leads to the conclusion that
the Public Prosecutor acted within the limits of the power vested in him
by the relevant Burundian Laws when he initiated the prosecution of
Mr. Rufyikiri for alleged acts of corruption. Consequently, we hold that
the 1st Respondent cannot be faulted for violating Articles 6(d) and 7(2)
of the Treaty.
93. Turning to the act of banning Mr. Rufyikiri from travelling outside the
Burundian territory, the bone of contention appears to revolve around
the authority competent to order a travel ban against a suspect.
Counsel for the Applicant argued that such a ban should be issued by
a court of law while Counsel for the 1st Respondent contended that the
competent authority in that matter is the Public Prosecutor.
94. As it transpired from the material placed before the Court and in
submissions during the hearing held on 11th February 2015, both
parties relied on Article 10 of Law No/1/12 as reproduced above in
support of their respective arguments on this issue. When asked by the
Court which authority is referred to in this article, Counsel for the 1st
Respondent replied that the Prosecutor General is the one competent
to issue a travel ban and that no intervention of a court of law is
required.
95. This averment was rebutted by Counsel for the Applicant by quoting
the provisions of Articles 60 and 65, paragraph 6 of the Penal Code
according to which such a competence is the prerogative of a Court of
law.
96. We agree with Counsel for the Applicant’s reading of the two
provisions that according to Burundi Laws, the prohibition from
travelling outside the territory of Burundi is imposed by an order of the
court. Accordingly, it is our view that procedural irregularities
REFERENCE NO.1 OF 2014
Page 30