East Africa Law Society VS The Attorney General of the Republic of Burundi

Case Card

Case NumberREFERENCE NO. 1 of 2014
Summary

1. This is a Reference by the East African Law Society (hereinafter referred to as the “Applicant”), which is registered as a Company Limited by Guarantee in Tanzania, and as a Foreign Company Limited by Guarantee in Kenya, Rwanda and Uganda. Its address for service, for the purpose of this Reference is No.6, Corridor Area, Arusha, Post Office Box Number 6240 Arusha, in the United Republic of Tanzania.
2. The Reference was filed on 17th February 2014 under Articles 6(d),7(2),11,27,29,30,38,67(3)(d),71,143,146 and 147 of the Treaty for the Establishment of the East African Community and Rules 1(2) and 24 of the East African Court of Justice Rules of Procedure (hereinafter referred to as the “Treaty” and the “Rules”, respectively).
3. The Respondents are the Attorney General of the Republic of Burundi and the Secretary General of the East African Community who are sued on behalf of the Government of the Republic of Burundi and of the East African Community in their respective capacities as the Principal Legal Adviser of the Republic of Burundi and the Principal Executive Officer of the Community.

RespondentAttorney General of the Republic of Burundi
ComplainantEast Africa Law Society
Date filedFebruary 17, 2014
CountriesBurundi
Keyword
Treaty Article


First Instance Judgment

VerdictFinal Orders 121. For the reasons above, the final orders to be made are as follows: I. Prayers (a), (b), (e) and (f) are disallowed and are consequently dismissed. II. Prayers (c) is allowed in the following terms only: A declaration is hereby made that the procedure adopted and employed by the Prosecutor General to disbar Mr. Isidore Rufyikiri was in breach of the right to a fair trial and therefore a violation of the rule of law principle enshrined in Articles 6(d) and 7(2) of the Treaty. III. Prayers (d) is allowed in the following terms only: A declaration is hereby made that the procedure adopted and the decision taken by the Prosecutor General of the Anti-Corruption Court of Burundi to impose a travel ban on Mr. Isidore Rufyikiri infringed upon and was in contravention of the rule of law principle embodied in Articles 6(d) and 7(2) of the Treaty. IV. Prayers (g) and (h) are granted in the following terms: (a) An order is hereby issued directing the Secretary General of the East African Community to immediately operationalize the Task Force set up on 15th January 2014 to investigate alleged violations of Treaty provisions by the Republic of Burundi. (b) The Republic of Burundi is directed to take, without delay, the measures required to implement this judgment, including allowing the Secretary General’s Task Force to carry out its investigative mission. V. Each party shall bear its own costs. It is so ordered. Dated, Delivered and Signed at Arusha this 15th day of May, 2015
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Date deliveredMay 15, 2015
Quorum


Appeal Judgment

Verdict
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Date delivered
Quorum


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