|Case Number||REFERENCE NO.7 OF 2013|
1. This Reference was filed on 30th July, 2013 by the above named Applicant and was brought under Articles 6(d),7(2), 27(1), 30(1) of the Treaty for the Establishment of the East African Community (”the Treaty”) as well as Rule 24 of the East African Court of Justice Rules of Procedure . Certain orders and declarations are sought in the Reference which we shall reproduce later in this Judgment.
|Respondent||THE ATTORNEY GENERAL OF THE REPUBLIC OF BURUNDI|
|Complainant||BURUNDIAN JOURNALISTS UNION|
First Instance Judgment
|Verdict||Final Orders 123. Having found as above, the final orders to be made are as follows:- i) Prayers (i) and (ii) of the Reference are granted in the following terms only:- a) It is hereby declared that Article 19(b), (g), (i) and part of (j) of the Burundian Law No.1/11 of 4th June 2013 amending Law No.1/025 of 27th November 2003 which restrict dissemination of information on the stability of the currency, offensive articles or reports regarding public or private persons, information that may harm the credit of the State and national economy, diplomacy, scientific research and reports of Commissions of inquiry by the State are in violation of the principles enshrined in Articles 6(d) and 7(2) of the Treaty. b) It is hereby declared that Article 20 of the Burundian Law No.1/11 of 4th June 2013 amending Law No.1/025 of 27th November 2003 to the extent that it obligates journalists to reveal their sources of information before the competent authorities in situations where the information relates to offences against State security, public order, State defence secrets and against the moral and physical integrity of one or more persons is in violation of Articles 6(d) and 7(2) of the Treaty. c) The Republic of Burundi shall, in accordance with Article 38(3) of the Treaty take measures, without delay, to implement this Judgement within its internal legal mechanisms; d) Prayer (iii) in the Reference is dismissed; and e) Each Party shall bear its costs. 124. Orders accordingly. Delivered, dated and signed this 15th day of May, 2015 at Arusha.|
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|Date delivered||May 15, 2015|