Arusha, 06 November 2013: The East African Court of Justice First Instance Division as it resumed business today, heard a case filed by a Burundi National, Prof. Nyamoya Francois who was arrested and detained by the government of Burundi over the murder of Dr. Kassy Manlan who was assassinated in 2003 in Burundi.
The Applicant came to Court seeking the determination and application of Article (6) of the Treaty for establishment of the East African Community and claiming that his arrest and subsequent detention were acts in violation and infringement of the same.
Appearing before the Court, Mr. Richard Onsongo, Counsel for the Applicant, submitted that all the three arms of the government of Burundi (Executive, Legislative and Judicially) all came together to deny Prof. Nyamoyo his freedom of movement which is todate limited as he cannot even leave Burundi if he wishes to do so. He added that, the acts of the government of Burundi infringed the Treaty and that the supremacy of the law is paramount regarding Article 30 (1) which provides the mandate for a legal or natural person who is resident in any of the Partner State to refer any such matter to Court for determination.
Mr. Onsongo also urged that it was the duty of the EAC Secretary General (2nd Respondent) to keep her eyes and ears open and do investigations on the performance of the Partner States with regard to their Treaty obligations, including adherence to the Rule of Law. He emphasized that the Court has the jurisdiction to determine the matter and grant remedies sought with costs.
The Attorney General of the Republic of Burundi represented by Mr. Nestror Kayobera, Director, Judicial Organization in the Ministry of Justice Republic of Burundi opposed the Applicant’s submission and urged that Prof. Nyamoya was arrested on 28 July 2011 with three others and released 17 February 2012 and that he is free and a strong member of the opposition and doing his business freely. He added that there is no violation of the Treaty and the detention of the accused was done within judicial procedures and processes and therefore not in violation of the Treaty.
Hon. Wilbert Kaahwa Counsel To the Community representing the Secretary General of the East African Community submitted that the matter was time – barred (filed out of time) according to Article 30 (2) of the Treaty which provides a time limit of two months of the enactment, publication, directive, decision or action complained of for a case to be filed in court. However he said the Secretariat has taken some measures on the issue when it came to her knowledge and urged the Court to dismiss the matter with costs.
The Court will deliver the judgement on notice.
The matter was before the bench of three Judges, Hon. Lady Justice Stella Arach Amoko, Deputy Principal Judge, Hon. Mr.Justice John Mkwawa and Hon. Mr. Justice Isaac Lenaola
Note to Editors:
Treaty for the Establishment of the East African Community
Article 6(d) Good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protect ion of human and people’s rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights;
Article 7(2) The Partner States undertake to abide by the principles of good governance, including adherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights.
Article 27(1) The Court shall initially have jurisdiction over the interpretation and application of this Treaty:
Provided that the Court’s jurisdiction to interpret under this paragraph shall not include the application of any such interpretation to jurisdiction conferred by the Treaty on organs of Partner States.
Article 27(2) The Court shall have such other original, appellate, human right s and other jurisdiction as will be determined by the Council at a suitable subsequent date. To this end, the Partner States shall conclude a protocol to operationalise the extended jurisdiction.
Article 30 (2) The proceedings provided for in this Article shall be instituted within two months of the enactment, publication, directive, decision or action complained of, or in the absence there, of the day in which it came to the knowledge of the complaint, as the case may be.
About the EACJ:
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The High Courts of the Partner States serve as sub-registries.
For more information please contact:
Prof. John Ruhangisa, Registrar
Email: ruhangisa@eachq.org
Ms. Geraldine Umugwaneza, Deputy Registrar
Email: umugwaneza@eachq.org
Owora Richard Othieno, Head of Department;
Corporate Communications and Public Affairs;
EAC Secretariat
Tel: +255 784 835021; Email: othieno@eachq.org
East African Court of Justice
Arusha, Tanzania
https://www.eacj.org/