made statements that were injurious to state security and public peace; e) That subsequent to the aforesaid letter and press conference, the Prosecutor General of the Court of Appeal of Bujumbura moved the Court to disbar Mr. Rufyikiri, following the Bar Council’s refusal to take disciplinary action against him; f) That the Court of Appeal acted in accordance with the Laws of Burundi in disbarring Mr. Rufyikiri, and that the disbarment did not result into any injury or loss. In addition, the application for review of that decision was dismissed by The Supreme Court of Burundi; and g) That nothing done by the servants/agents/institutions of the Government of Burundi contravened the Treaty. The 1st Respondent, therefore, prays that the Court should dismiss the Reference with costs. VI. SECOND RESPONDENT’S CASE 26. The 2nd Respondent’s case is set out in his Response to the Reference filed on 07th April 2014, an affidavit sworn by Mr. Charles Njoroge, Deputy Secretary General, filed on the same date, as well as his written submissions filed on 28th November 2014. His case is as follows:a) The 2nd Respondent has denied all responsibility in the matter before the Court as at all material times, and until 27th January 2014 when he received a letter from Mr. Rufyikiri, he was not aware of the matters complained of by the Applicant; and accordingly and contrary to the Applicant’s pleadings, he cannot be blamed of any failure in the discharge of his duties and responsibilities; REFERENCE NO.1 OF 2014 Page 9