A/HRC/42/49 18. The targeted sanctions imposed on certain Burundian nationals by the European Union and Switzerland were extended until October 2019. The sanctions imposed by the United States of America were kept in place in the case of 11 Burundian nationals. 19. The investigation opened on 25 October 2017 by the Prosecutor of the International Criminal Court into crimes against humanity committed in Burundi between 26 April 2015 and 26 October 2017 is continuing. II. Human rights situation A. Main trends 20. The main human rights violations continue to have a political dimension and concern the right to life, security and liberty, the right not to be subjected to torture or illtreatment, cases of sexual violence and breaches of civil liberties. They occurred in the wake of the constitutional referendum in May 2018 or are taking place against the backdrop of preparations for the 2020 elections. For the most part, the victims continue to be opponents – actual or alleged – of the Government or the ruling party (the Conseil national pour la défense de la démocratie-Forces pour la défense de la démocratie (CNDD-FDD)), first and foremost members of the new political opposition party led by Agathon Rwasa, the Congrès national pour la liberté, which was registered in February 2019. Others targeted are Burundian nationals who, having sought refuge abroad, have returned to the country since the beginning of 2017 under the assistance programme for repatriation, as well as young men who have come back to Burundi following a stay or a trip abroad, who are accused of belonging to or supporting armed opposition groups. Human rights defenders remain targets, as is demonstrated by the upholding on appeal, on 17 July 2019, of the 32-year prison sentence imposed on Germain Rukuki. 21. Imbonerakure, officers of the National Intelligence Service and the police and administrative officials in the municipalities (communes), districts (zones) and hill districts (collines) have been identified as perpetrators of the violations documented. The majority of cases have taken place in rural areas controlled by the Imbonerakure, who seek to keep the population in check and compel their allegiance to CNDD-FDD. These efforts target the entire population, particularly at the grass-roots level. According to the testimonies gathered, members of the defence forces do not seem to have been involved to a significant extent in the main violations documented since May 2018, even though isolated incidents have been reported. 22. The fact that these violations are committed chiefly by Imbonerakure in rural areas, coupled with victims’ fear or their general reluctance to bring complaints owing to a lack of confidence in the judicial system, makes it more complicated to corroborate the many allegations of violations received. B. Responsibility 1. Responsibility of the Burundian State 23. As in the past, the Commission has found that the Burundian State may be held responsible for the acts identified in the present report, which constitute human rights violations.18 24. The actions of agents of the State, particularly officers of the National Intelligence Service and the police, but also of the administrative authorities that represent the State in the provinces, municipalities, districts and hill districts, are directly attributable to the Burundian State, in conformity with its obligation to respect human rights and ensure that its agents refrain from violating them. 18 6 See A/HRC/36/54 and Corr.1, and A/HRC/39/63. GE.19-13419

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