3.
4.
The Applicant alleges that;
a)
He filed a Communication with the Respondent on 4 May 2015 regarding
the systematic and widespread violations of human rights in Burundi, in
which he requested the Respondent to refer the Communication to the
Court;
b)
The Communication before the Respondent related to the alleged
continuing human rights violations by the government of Burundi, in
particular the attacks against peaceful protesters, journalists and human
rights activists following protests over President Pierre Nkurunziza's
decision to run for a third term ;
c)
To date, the Respondent has failed and/or neglected to refer the
Communication to the Court despite the request being brought pursuant
to Rules 84(2) and 118(3)(4) (sic) of the Rules of Procedure of the
Respondent; and
d)
The failure and/or refusal of the Respondent to refer the Communication
to the Court has continued to deny access and effective remedies of the
victims of human rights violations in Burundi.
The Applicant requests the Court to grant him the following reliefs :
a)
Request the Respondent to refer the Communication against Burundi
initiated before it on 4 May 2010 (sic) to the Court; and
b)
Hear the Applicant pursuant to Rule 29 of the Rules and the inherent
jurisdiction of the Court.
The Posi tion of the Court,
5.
The Court notes that the Respondent against which the Application Is filed is an
Organ of the African Union established under the African Charter on Human
and Peoples' Rights (hereinafter referred to as "the Charter").
6.
Pursuant to Article 3(1) of the Protocol, the Court's jurisdiction extends to all
cases and disputes submitted to it concerning the interpretation and application
of the Charter, the Protocol and any other releva nt Human Rights instrument
ratified by the State concerned .
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