of government branch — the Executive. of government judges’ emoluments. To compound matters, for the determination is responsible the for the appointment Court which to be Judiciary and of judges provides made of the Furthermore, the Act’s purported concentration of power in the Executive appears to contradict the known Burundi, same in Article 222 of the Constitution of for judicial in consultation subject to the procedure appointments with Senate’s the to the Superior approval. Supreme Council The of the Applicants did allude to this anomaly violating the doctrine of separation of powers, as well as parties' right to a fair trial and, ultimately, compromising the independence of the judicial branch of government. 62.We must, from the onset, clarify the distinction between the institutional independence of the judicial branch of government, which concept is inter-related with the principle of separation of powers; and the individual bearing independence or on the notion of fair trial. impartiality We of judges that has a intend to address the issue of judicial independence that was raised herein in that context. 63. The principle of separation independent judiciary. of powers is the cornerstone of an It is the bedrock upon which the requirements of judicial independence and impartiality are founded. Understanding of, and respect for, the principle of separation of powers is a sine qua non for a democratic State. See Report of the Special Rapporteur on judges and Indeed, under the independence E/CN.4/1995/39, of para. 55. lawyers, UN international document law, nation states are obliged to organize their state apparatus in such a manner as would be incumbent state power compatible upon is Reference No.1 5 of 2014 them with their international to ensure that the structure founded on the true separation obligations. and of It is operation its of executive, Page 28