Whether the Applicant is Entitled to the Reliefs Sought
118. We have addressed all the issues placed before us for determination
and turning back to the prayers sought, in prayers (i) and (ii), the
Applicant sought orders that this Court should:i) Declare that the Burundi Press Law violates the right to
press freedom and thereby constitutes a violation of
Burundi’s obligation under the Treaty to uphold and protect
the Community principles of democracy, rule of law,
accountability, transparency and good governance as
specified in Articles 6(d) and 7(2) of the Treaty; and
ii) Declare that the Burundi Press Law violates the press’ right
to freedom of expression and thereby constitutes a
violation of Burundi’s obligation under the protect human
and peoples’ rights standards as specified in Articles 6(d),
7(2)of the Treaty.
119. We have found that certain provisions of the Press law offend the
principles in Articles 6(d) and 7(2) of the Treaty and we shall make
appropriate orders in that regard.
120. In prayer (ii), the Applicant sought orders that this Court should:“Order Government of Burundi to, without delay:
a) Repeal the Press Law; or
b) Amend it in accordance with Burundi’s obligations as
specified in Articles 6(d) and 7(2) of the Treaty by striking out
of or amending Articles 5 to 10, 17 to 20, 26 to 35, 44 to 46, 48
to 54, 56 to 66 and 66 to 69 of the Press Law.”
121. We have read the Treaty and particularly Article 27(1) thereof. Having
found the Press Law wanting in the above respects, we find and hold that
Reference No. 5 of 2013
Page 41
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