On 28th July 2011, he was arrested on the orders of the Public Prosecutor
of Burundi for alleged subornation of witnesses in a criminal matter which
involved the murder of one, Dr. Kassim Allan, in a case that was instituted
sometime in 2003. On 19th August 2011, the Public Prosecutor took the
Applicant to the court -in - charge of confirmation of detention in the
Tribunal of First Instance of Bujumbura.
8.The said Tribunal, after deliberation, provisionally released him
and
further ordered that its decision was to be executed immediately pursuant
to the provision of Article 84 of the Penal Procedure, Laws of Burundi. The
aforegoing notwithstanding, the Public Prosecutor
allegedly
arbitrarily
refused to deliver the necessary documents for his release and as a
result, the Applicant remained in jail in the absence of any supporting
documents for his further incarceration.
9.It is his contention therefore, that the harassment, arbitral and unlawful
detention that he was subjected to by agents of the Government of
Burundi contravened internationally recognized tenets and principles of
good governance and specifically Article 6(d) of the Treaty.
10.It is also the Applicant’s case that the matter in question was widely
reported in the print and electronic media both locally in Burundi and
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