ndayizamba v attorney general of the republic of burundi and another 2014 eacj 149 28 february 2014

ndayizamba v attorney general of the republic of burundi and another 2014 eacj 149 28 february 2014

The Reference was filed outside the two-month limitation period prescribed by Article 30(2) of the Treaty. The concept of continuing violation does not apply, and the Court has no power to extend or waive the time limit. Consequently, the Reference is time-barred and dismissed.

Citation
ndayizamba v attorney general of the republic of burundi and another 2014 eacj 149 28 february 2014
Parties
Applicant: Hilaire Ndayizamba; 1st Respondent: Attorney General of the Republic of Burundi; 2nd Respondent: Secretary General of the East African Community
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
28 February 2014
Procedural Posture
Reference / Judgment
Outcome
Reference dismissed as time-barred.
Legal Topics
Jurisdiction of EACJ, Time Bar Under Article 30(2) EAC Treaty, Arbitrary Detention, Interpretation of Treaty Provisions
Source Language
English
International Law Regional Integration Law Criminal Law Human Rights Law Jurisdiction of EACJ Time Bar Under Article 30(2) EAC Treaty Arbitrary Detention Interpretation of Treaty Provisions

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Parties

Hilaire Ndayizamba

Applicant

Attorney General of the Republic of Burundi

1st Respondent

Secretary General of the East African Community

2nd Respondent

Procedural Posture

Reference / Judgment

Legal Issues

  1. 1 Whether the Court has jurisdiction to entertain the Reference
  2. 2 Whether the Reference is time-barred under Article 30(2) of the Treaty
  3. 3 Whether the Applicant's detention infringed Article 6(d) of the Treaty

Ratio Decidendi

The Reference was filed outside the two-month limitation period prescribed by Article 30(2) of the Treaty. The concept of continuing violation does not apply, and the Court has no power to extend or waive the time limit. Consequently, the Reference is time-barred and dismissed.

Court Disposition

Reference dismissed as time-barred.

Orders

  • Each party shall bear its own costs.