Respondent and fully integrated in the Burundi Constitution by Article
19 thereof.
Respondent’s Submissions:
40. Conversely,
it was argued for the Respondent that the Constitutional
Court of Burundi had rendered a decision in which it held the creation
of a Special Court on Land and Other Assets to be in conformity with
the Constitution of the Republic of Burundi.
Mr. Kayobera argued that
the right of appeal was guaranteed under Act No. 1/26 in so far as the
said law made
provision for an Appellate Division.
Finally, citing the
case
Africa
General
of
East
Law
Republic of Burundi
Society
EACJ
vs.
Attorney
Ref. No 1 of 2014, as well the decision
of the Constitutional Court of Burundi,
Learned
Act
right to an
No.
1/26 was
of the
consistent
with
the
Counsel
argued that
independent
and
impartial judicial system,
as well as the right to a fair trial, and was
therefore
international
consistent
with
instruments
and
Articles 6(d)
and 7(2) of the Treaty.
Court’s Determination:
41. We have carefully considered the pleadings and submissions of both
Parties
on the alleged
and 7(2) of the Treaty.
and
16 of the
non-compliance
of the Act with Articles 6(d)
As can be deduced from paragraphs 5, 11, 15
Reference,
the specific legal provisions
in contention
are Articles 2, 5, 8 and 9 of the Act.
42. However,
the
Applicants
provisions of Act No.
did
also
take
issue
with
the
following
1/26: Articles 7, 40, 44, 50, 52, 73, 87 and 89.
These Articles provide as follows:
Reference No.1 5 of 2014
Page 16