27.He further submits that in determining a matter in question under the
above Article, the Court is required to review the lawfulness of that matter
and whether it amounts to an infringement of the Treaty.
28.In response to the 1st Respondent’s assertion that the cause of action in
this Reference relates to alleged violations of human rights and therefore
outside the jurisdiction of the Court, Counsel argued that the 1st
Respondent’ s contention is erroneous and that on the contrary, while
agreeing that the jurisdiction of this Court is subject to the proviso
contained in Article 27 of the Treaty, the crux of the Applicant’s plea, as
exhibited in the Reference, is that the actions complained of are breaches
of Burundi’s obligations not only under
international law generally e.g.
under the Bangalore Principles of Judicial conduct, 2002 but also under
Article 6 (d) of the Treaty.
29.It is on this basis of the foregoing, that the Applicant is asking the Court
to pronounce itself on the alleged breaches of the said Treaty obligations
by Burundi in light of his grievances, namely that the three arms of
government have come together and have
freedom.
11
acted to deny
him
his