according to Article 75 of the Burundi Code of Penal Procedure (Act No.1/015 of 20th July 1999), as long as a detainee has not been produced before a criminal court for trial, it is mandatory for the Public Prosecutor to present him before the competent judge for verification of the detention every 30 days, otherwise he has to release him automatically since he would have no more legal power to keep him in detention. He then submitted that from 17th March 2010 when the Applicant appeared before the judge of detention until 14th July 2010 when he appeared before the High Court of Bujumbura, more than thirty days had passed, and hence, his detention was illegal and unlawful because it violated the abovementioned provisions. 21. Further, Counsel maintained that despite the fact that the Applicant had been subsequently condemned to life imprisonment by the Tribunal of First Instance of Bujumbura and that sentence was confirmed by the Court of Appeal of Bujumbura, his client continued to endure an arbitrary detention in light of the aforesaid provisions of Article 75 of the Burundi Code of Penal Procedure. 22. Given the foregoing, Counsel contended that the said detention constituted an infringement of the fundamental principles of good governance and rule of law enshrined in Article 6(d) of the Treaty by the Government of the Republic of Burundi. It is, therefore, his submission that the Court has the jurisdiction to interpret and apply the Treaty as it was decided in Attorney General of the Republic of Rwanda Vs. Plaxeda Rugumba, EACJ Appeal No.1 of 2012 and James Katabazi & 21 others Vs. Secretary General of the EAC & Attorney General of REFERENCE NO.3 OF 2012 Page 8

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