A/HRC/4/5 page 15 testimony of a single person (Alain Mugabarabona). He went on to explain that, on the other hand, the conviction of Tharcisse Ndayishimiye and Alain Mugabarabona was based on their confessions. 55. The acquittal of the five alleged coup plotters vindicates the widely held view that the charges against them were manufactured by the Government for the sole purpose of intimidating and silencing its critics. This view, shared by the independent expert, is supported by the fact that after promising to advance evidence to sustain its claim, the prosecution failed to produce any credible evidence of a coup plot. Acquittal of the accused prisoners was largely due to pressure from within Burundi, bolstered by the international community, for a speedy and fair trial. The court decision does not, in the view of most observers, demonstrate independence and impartiality of the judiciary in Burundi as claimed by sections of the Government. In this respect, it should be recalled that the judiciary had been mostly compliant and did its best to accommodate the wishes of the State for the continued detention of the accused persons during the pretrial phase, even when mounting evidence indicated that the charges were baseless. 56. At the same time, one may not conclude that justice was fully served as two of the seven accused persons have been convicted and sentenced to 15 and 20 years, respectively, although the evidence on the basis of which they were convicted is suspect. Their conviction has led many observers to suggest that its sole purpose was to validate the Government’s claim that there was indeed a plan for a coup. The independent expert appeals to the judiciary in Burundi to correct this miscarriage of justice. D. The Muyinga massacre 57. According to officials and human rights defenders, in May 2006, chiefs of collines and police officers arrested a group of some 30 persons in different collines in the province of Muyinga, following the instruction of the SNR office in Muyinga. The victims were accused of being members of FNL and were taken to SNR detentions facilities before being transferred to Mukoni military camps in Muyinga. In August 2006, residents discovered 19 bodies in the Rivubu River, some of them sustained injuries while others were beheaded. 58. The independent expert met one survivor of this tragedy who gave details on the circumstances of the execution. According to him, some 36 persons had been arrested and detained in Mukoni camp. He remembers that a guard had explained to him what their fate would be and who was giving orders. He also remembers the first group of inmates taken out of the prison and remembers thinking that they were going to be transferred to Randa (a transit camp for FNL combatants). He managed to jump out of the pickup which was taking them to Ruvubu camp and was later helped by sympathetic villagers and subsequently by human rights actors. He believed that out of the 36 persons arrested, 16 were killed and the remaining reported missing. Those missing have not been seen by their families and it is assumed that they were also killed. 59. The independent expert discussed this matter with the Attorney-General who informed him that a commission had been appointed to carry out investigations on the tragedy. The Minister of Justice confirmed that this commission had already finished its work and had submitted its report to the Attorney-General in October 2006 who claimed that the report was not