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
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