The East Africa Law Society wrote to the President of Burundi regarding the extrajudicial detention of Mr. Isidore Rufyikiri, the President of the Burundi Bar Association. The Prosecutor General of Burundi had arbitrarily prohibited Mr. Rufyikiri from leaving the country without a judicial order. The EALS requested the President intervene to uphold Mr. Rufyikiri's fundamental rights and freedoms of movement, which were restricted without due legal process. Failing a resolution, the EALS warned it may pursue other legal means within and outside Burundi to secure Mr. Rufyikiri's rights.

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E-Mail: info@ealawsociety.org ; Website: www.ealawsociety.org
President
Mr. James Aggrey Mwamu
Vice President (Regional Integration)
Mr. Stephen Musisi
Vice President (Strategic Litigation)
Mr. Emmanuel Butare
Our Ref: EALS/RI/12/13
Date: 26th December 2013
His Excellency The President,
Republic of Burundi
State House,
Bujumbura.
Secretary General
Captain Ibrahim Bendera
Your Excellency:
Deputy Secretary General(Prof. Development)
Ms. Faith Waigwa
RE: EXTRA JUDICIAL DETENTION OF MR. ISIDORE RUFYIKIRI, BATONNIER OF
THE BURUNDI BAR ASSOCIATION
Deputy Secretary General (Gender)
Ms. Fatma Saleh Amour
Treasurer
Ms. Emily Gakiza
Deputy Treasurer ( Finance)
Mr. Aloys Bahabe
Deputy Treasurer (Administration)
Mr. Muhuzenge Jean de Dieu
Council Members:
Mr. Isidore Rufyikiri
(Bâtonnier – Burundi Bar Association)
Mr. Awadh Ali Said
(President – Zanzibar Law Society)
Mr. Athanase Rutabingwa
(Bâtonnier – Kigali Bar Association)
Mrs. Ruth Sebatindira
(President – Uganda Law Society
Mr. Eric Kyalo Mutua
(Chairman – Law Society of Kenya)
Mr. Francis K. Stolla
(President Tanganyika Law Society)
Ms. Maria Goretti Nyariki
Ms. Anita Mugenyi
Mr. Albert G. Msando
Ms. Gatete Mireille
Ms. Aisha Naiga Kiwola
Mr. Mussa Kombo
Mr. Tito Byenkya
(Chief Executive Officer)
Greetings from the East Africa Law Society, which is the Umbrella Regional
Organisation of the Bar Associations of the East African Community Partner
States, being the Burundi Bar Association, the Rwanda Bar Association, the Law
Society of Kenya, Tanganyika Law Society, Uganda Law Society and the Zanzibar
Law Society. Established in 1995, the East African Law Society works to promote
human rights, good governance and the rule of law in an integrated East African
Community, and enjoys formal Observer Status with the East African
Community.
Your Excellency, it has come to the attention of the East Africa Law Society that
the Prosecutor General of the Anti-Corruption of Burundi has arbitrarily and
without the sanction of a Judicial decision issued an order prohibiting the
President of the Burundi Bar Association, Mr. Isidore Rufyikiri, from going
beyond the national frontiers of the Republic of Burundi.
Your Excellency, as one of the latter signatories to the Treaty establishing the
East African Community (EAC Treaty), the Republic of Burundi committed itself
to observing and upholding the fundamental human rights and freedoms of its
citizens including; the right to freedom of movement, association, assembly,
human dignity, personal liberty and security of the person save for a legally
sanctioned restriction that has been issued by an impartial and independent
judiciary. The African Charter, as endorsed by Articles 6(d) and 7(2) of the EAC
Treaty, also recognises the individual’s right to freely leave and return to their
countries save for restrictions occasioned by law and order, national security,
public health, or morality; none of which reasons or processes the Prosecutor
General has adhered to in arbitrarily restricting the movement and liberty of the
Batonnier of the Burundi Bar Association.
Your Excellency, the purpose of this letter is to formally notify you of the said
extra Judicial actions of the Prosecutor General of Anti-Corruption Court of the
Burundi; and to seek the intervention of your office to ensure that the
fundamental rights and freedoms of Mr. Isidore Rufyikiri are upheld and
respected.
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2. We would, in the alternative, be left with no option but to seek other legal and judicial means from both within and
without Bujumbura to secure the fundamental rights and freedoms of Mr. Rufyikiri.
Rest Assured, Your Excellency, of our highest regards.
James Aggrey Mwamu
PRESIDENT
cc.
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His Excellency President Uhuru Muigai Kenyatta, Chairperson of the East African Community Summit of Heads of State.
The Secretary General, East African Community.
The Chief Justice, Republic of Burundi.
The Prosecutor General, Anti-Corruption Court of Burundi.
The Chief Executive Officer, East Africa Law Society.
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