A/HRC/4/5 page 14 49. By the time the independent expert visited Burundi in October 2006, the detainees had appeared in court twice and a ruling had been issued for their provisional release, but it had been countermanded by an appeal from the Attorney-General who ordered their continued detention. All detainees felt that the procedure related to their detention was not respected. However, on 27 October the Supreme Court reversed its decision of 6 October to release the seven pending trial and ruled in favour of the appeal submitted by the Attorney-General to keep them in detention. 50. On 7 November 2006, former Vice-President Alphonse-Marie Kadege and Tharcisse Ndayishimiye were summoned before the court for questioning by the Attorney-General. Ndayishimiye reportedly testified against Kadege, accusing him of taking part in meetings to plot a coup, but was reportedly unable to back up his testimony when challenged by Kadege’s lawyer. Ndayishimiye was transferred the following day to Muyinga prison, apparently for security reasons. He reportedly told two fellow detainees that he had been promised payment by SNR in return for testifying against Kadege. 51. On 24 November 2006, the Supreme Court started and immediately adjourned the trial of six of the seven alleged coup plotters after the defendants demanded the replacement of two judges, whose impartiality they questioned. One of the seven defendants, Tharcisse Ndayishimiye, did not appear. He was transferred to Muyinga prison on 7 November after allegedly admitting accepting payment by SNR to testify against former Vice-President Kadege. 52. Following five public hearings, the Court adjourned the trial on 22 December 2006 to consider the verdict. The main evidence produced by the prosecution consisted of statements made (and later retracted) by co-defendants Alain Mugabarabona and Tharcisse Ndayishimiye and of a taped recording of a telephone conversation in which a person, who according to the prosecution was Mr. Mugabarabona, explained to a witness (an FDN officer) how the alleged coup would be carried out. Mr. Mugabarabona categorically denied that the voice on the tape was his. The defendants’ lawyers produced two witnesses who claimed that the tape had been made at the Presidential Palace by the President’s chief communications advisor. At the public hearing on 22 December, the prosecution requested a life sentence for six of the accused whilst the defence insisted that they should be released. 53. Several government officials, including the Minister of Foreign Affairs and the Minister of Defence (himself named by the prosecution), made public statements suggesting that the Government was distancing itself from the allegations of a coup plot. 54. During the visit by the independent expert in January 2007, the Supreme Court acquitted five of the seven individuals who had been incarcerated at Mpimba prison since August 2006. The five acquitted were former President, Domitien Ndayizeye, former Vice-President, Alphonse-Marie Kadege, Isidore Rufyikiri, Déo Niyonzima and Colonel Damien Ndarisigaranye. The two prosecution witnesses, Tharcisse Ndayishimiye and Alain Mugabarabona, were sentenced respectively to 15 and 20 years in prison. The decision was announced during a regular session of the Court by the spokesperson of the Court who stated that the Court had ruled that the five who were acquitted could not be convicted based on