A/HRC/42/49 30. In certain cases, the bodies are found on the public highway or in watercourses, but sometimes the perpetrators take pains to hide them. 31. Acting in place of the authorities, Imbonerakure have killed persons accused of ordinary crimes, including theft and witchcraft, thus arrogating to themselves the right to dispense justice. (c) Enforced and other disappearances 32. The Commission has pursued its inquiries into alleged cases of enforced disappearance in which information or corroboration was lacking and there were thus only reasonable grounds to fear that an enforced disappearance had taken place. 23 In the light of the new information gathered, the Commission confirms there are reasonable grounds to believe that Marie-Claudette Kwizera, treasurer of the Ligue Iteka, missing since 10 December 2015, and Oscar Ntasano, a businessman, member of CNDD-FDD and former senator and deputy, missing since 20 April 2017, have indeed been victims of enforced disappearance. The Commission has also received information indicating that they have been executed. 33. Numerous disappearances have been reported. The victims, who sometimes had no political affiliations, disappeared after refusing to join CNDD-FDD or the Imbonerakure. Some were members of opposition political parties or had recently returned from exile. Often, they were last seen being taken away by Imbonerakure. The families generally chose to flee and only rarely carried out searches for their missing relatives. In the light of the current situation in Burundi, which is conducive to enforced disappearance, and given the numerous previous cases, the profile of the victims and the circumstances of the disappearances, which resemble the modus operandi documented in the earlier cases, while the Commission cannot conclude that these are enforced disappearances within the meaning of international law, nor can it exclude the possibility. It remains deeply concerned about the frequency of such disappearances. 2. Right to liberty and security of person 34. Arbitrary arrest and detention on political grounds have continued. Since the establishment of the Congrès national pour la liberté in February 2019, its members have been the main targets of arbitrary arrest and detention in connection with their legitimate political activities; they are generally accused of organizing or taking part in “illegal meetings” of small groups on private premises, which, however, are not offences under national law. The members of other opposition parties have also been targeted and often even accused of supporting armed opposition groups. Sometimes, when those persons could not be located, their family members were arrested in their place. Other persons were arrested and detained following the May 2018 constitutional referendum on suspicion of having campaigned for a “No” vote. Minor schoolgirls were held for around 10 days and prosecuted for “insult to the Head of State” when it was discovered that photographs of the President in school textbooks had been defaced. 35. Arbitrary arrests have been carried out by officers of the police and the National Intelligence Service, but also by Imbonerakure and local administrative officials, who acted either jointly with the police or independently of them, later handing over those arrested to the police. 36. These arrests were arbitrary, since, in the vast majority of cases, they were conducted without any legal basis, on grounds that are sufficiently vague in national law as to be abused or in breach of established judicial procedure. Moreover, these arrests often involved the use of excessive force. They were also illegal when carried out by Imbonerakure or local administrative authorities, which are not authorized by law to make arrests other than in cases of flagrante delicto. 37. The detentions were arbitrary and often illegal owing to the vague and abusive nature of the charges brought, the absence of the elements of the offences alleged and the 23 8 A/HRC/36/CRP.1, para. 319. GE.19-13419