A/HRC/4/5 page 10 4. Violations of the freedom of opinion and expression 27. The rights of freedom of opinion and expression deteriorated in Burundi from April 2006 to November 2006. The Government used all means to undermine the independence of the media in Burundi, especially those who did not share its views. In many cases, journalists were arrested and prosecuted. Some ministers issued threats against the stand of the private media. Many disturbing incidents of intimidation were reported, including tailing of journalists by intelligence (SNR) officers, anonymous telephone calls and e-mails threatening to close down radio stations and threats against relatives of journalists. During the reporting period, three journalists, Mathias Manirakiza, director of Radio Isanganiro, Serge Nibizi, editor-in-chief of Radio publique africaine (RPA), and Domitile Kiramvu, an RPA reporter, were arrested for broadcasting information that authorities claimed could “disturb public order and security” and also for “revealing information about a judicial process”. 28. On 28 November 2006, together with Leila Zerrougui, Chairman of the Working Group on Arbitrary Detention and Ambeyi Ligabo, Special Rapporteur on promotion and protection of the freedom of opinion and expression, the independent expert addressed an urgent appeal to the Government of Burundi, requiring clarification and independent investigation and fair trial concerning the three journalists. To date, the Government has not responded to the special rapporteurs. 29. On 14 December 2006, a prosecutor asked a Bujumbura court to sentence each of the three journalists to three years’ imprisonment. In addition, the prosecutor also asked the court to impose a fine of 300,000 Burundian francs (approximately US$ 290) on the journalists, plus an extra fine at the magistrate’s discretion to serve as reparation. 30. The actions of the Government were condemned by international media NGOs such as Reporters without Borders, International Freedom of Expression Exchange and Journalists en Danger, etc. They called upon the Government to put an end to the violation of the rights to freedom and release all journalists that were arrested. 31. On a positive side, on 4 January 2007, the three independent radio journalists detained at Mpimba prison were acquitted. Following their acquittal national human rights organizations drafted a joint declaration to express their satisfaction at the decision of the court and to reiterate the importance of the respect of the Constitution and the right to a fair trial during judicial proceedings. 32. The independent expert also confirmed that the legal representatives of the Cercle d’initiative pour une vision commune (CIVIC) and the chairman of the OLUCOME who were arrested respectively on 10 May and 16 August 2006 because of their statements against some officials in the Government, were released. In addition, the Agence burundaise de presse (ABP) journalist, Aloys Kabura, based in Kayanza, who received a jail sentence in Ngozi on 31 May 2006, was released on 30 October 2006 after completing his sentence. He had been convicted by the trial court (tribunal de grande instance) in Kayanza to serve five months in prison for making inflammatory statements against the Government.

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