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
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