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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