the Treaty because such an argument militates against the spirit and grain of the principle of legal certainty as was observed by the EACJ Appellate Division in Omar Awadh’s case.” Counsel for the 1st Respondent did not make submissions on this issue. DECISION OF THE COURT 40. As the case stands, the main thrust of the Applicant’s Counsel’s argument is that, firstly, the failure by the Respondent to present the Applicant before the competent court within the prescribed time is unlawful and thus, an infringement of Article 6(d) and 7(1) of the Treaty. Secondly, since the preventive detention has never been confirmed as required by the Burundian law, there is continuing illegal and unlawful detention notwithstanding subsequent condemnations of the Applicant to life imprisonment and therefore, Article 30(2) of the Treaty as regards the computation of the time to institute proceedings cannot apply. 41. In agreement with Counsel for the 2nd Respondent’s position as supported by the authorities cited above, we are of the decided view that Counsel for the Applicant’s argument revolving around the notion of a continuing violation of the Applicant��s rights does not stand at all. Since the impugned irregularities surrounding the Applicant’s detention triggering his claim were well known as by 15th June 2011, no reason was given why the time to file the Reference was not complied with as prescribed by Article 30(2) of the Treaty. REFERENCE NO.3 OF 2012 Page 15