BACKGROUND 5. The undisputed background to this Reference is as follows: On 15th October 2009, Mr. Hilaire Ndayizamba, a businessman, was arrested by the Public Prosecutor of Burundi on suspicion of assassination of one Ernest Manirumva, OLUCOME (a Burundian then Vice President of anti-corruption Non-Governmental Organization), who was assassinated in the night of 8th-9th April 2009. On 22nd February 2012, the First Instance Tribunal of Bujumbura condemned Mr. Hilaire Ndayizamba to life imprisonment for the murder of Ernest Manirumva. An appeal against the life sentence was immediately made to the Court of Appeal of Bujumbura. On 25th January 2013, the Court of Appeal of Bujumbura quashed the appeal and confirmed the life sentence. The Applicant through his Counsel applied for review of the judgment in the Review Chamber of the Supreme Court of Burundi and the matter was still pending at the time of the Reference. THE APPLICANT’S CASE 6. The Applicant’s case is contained in the Reference, an affidavit in support sworn on 22nd February 2012 by one Deo Nzeyimana, the Applicant’s reply to the amended 1st Respondent’s Response to the Reference filed on 26th March 2013, as well as his Counsel’s oral submissions made on 8th November 2013. REFERENCE NO.3 OF 2012 Page 3