Arusha, 08 November 2013: The East African Court of Justice First instance Division today heard a case filed by a former businessman in Burundi, Mr. Hilaire Ndayizamba; who was arrested and detained by the government over the assassination of Mr. Earnest Maniyumva.
Counsel for the applicant represented Mr. Isidore Rufyikiri advocate, submitted that, the Applicant was arrested on 15 October 2009 and is still currently detained in Bujumbura, 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. Rufyikiri, argued that the Applicant’s detention was null and void based on the fact that his pleadings are not supported by any evidence and that Article 30 (2) of the Treaty on time Barr does not apply in this particular case where his client is continuously being wrongfully detained.
Mr. Rufyikiri also contended that it was the duty of the Secretary General of the EAC (2nd Respondent) to gain insight on an issue that gained immense public and media attention within and outside of Burundi, hence do investigations on Partner States’ performance with regard to their Treaty obligations. He therefore concluded that the Court has the jurisdiction to determine the matter and grant remedies sought with costs.
Mr. Nestror Kayobera, representing the Attorney General of the Republic of Burundi opposed the Applicant’s submission, affirming that since the arrest of Mr. Ndayizamba, no other name(s) of any other suspects have come up. He also added that since his arrest, the Judgment was delivered; sentencing the Applicant to life, after which the he appealed to the Court of Appeal of Bujumbura on 25 February, 2010 and his life imprisonment was confirmed. He reiterated that the detention of the Applicant followed the correct judicial process to seek justice since judgment entered the First Instance Court of Burundi within the 30 days as stipulated in the laws of Burundi.
Concluding his submissions Mr. Kayobera emphasized that in accordance with Article 27(1) and (23), the Court can only interpret and apply the Treaty but it cannot declare detention of the client null and void.
Counsel to the Community (CTC), Hon. Wilbert Kaahwa, representing the Secretary General of the East African Community, submitted that the case was time-barred according to Article 30 (2) of the Treaty. He also declared that there was entirely no evidence presented to the Court to show that the Secretary General in the circumstances reasonably ought to have known about the violation, concluding that the Applicant’s case was based on hearsay and generalities with no evidence that violation became a matter of publicity and therefore it should be dismissed.
The Court will deliver judgment 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. Dr. Faustin Ntezilyayo.
Notes for 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 operationalize 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/