actively and proactively fulfil his Treaty functions in order to ensure
Partner States’ compliance with their Treaty obligations. An order in this
regard will be made at the end of this judgment.
Prayer (i): An order directing the 1st and the 2nd Respondents to appear
and file before this Honorable Court a progress report on remedial
mechanisms and steps taken towards the implementation of the Order
sought by the Applicant in prayer (7) above, every three months or such
other lesser period as the Court shall deem expedient. An order in this
regard will be made at the end of this judgment.
Prayer (j): An order that the costs of and incidental to this Reference be met
by the Respondents. The matter in issue falling in the category of public
interest litigation, we deem it just that each party bears its costs.
Final Orders
121. For the reasons above, the final orders to be made are as follows:
I.
Prayers (a), (b), (e) and (f) are disallowed and are consequently
dismissed.
II.
Prayers (c) is allowed in the following terms only: A declaration is
hereby made that the procedure adopted and employed by the
Prosecutor General to disbar Mr. Isidore Rufyikiri was in breach
of the right to a fair trial and therefore a violation of the rule of
law principle enshrined in Articles 6(d) and 7(2) of the Treaty.
III.
Prayers (d) is allowed in the following terms only: A declaration is
hereby made that the procedure adopted and the decision taken
by the Prosecutor General of the Anti-Corruption Court of
Burundi to impose a travel ban on Mr. Isidore Rufyikiri infringed
upon and was in contravention of the rule of law principle
embodied in Articles 6(d) and 7(2) of the Treaty.
REFERENCE NO.1 OF 2014
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