A/HRC/4/5
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C. Arrest, detention and release of the alleged coup plotters
43.
The independent expert met the seven persons detained in Mpimba central prison twice
during his visit in October 2006 (see paragraphs 6 and 21-23, above). The detainees complained
about their illegal arrest and continued detention. The former President Domitien Ndayizeye
was arrested in Bujumbura with a warrant signed by the Attorney-General on 21 August 2006,
following a special meeting of the Senate Bureau on 20 August to lift his parliamentary
immunity. He was then questioned by the Attorney-General for several hours before being
transferred to Mpimba central prison, on the charge of Atteinte à la sureté intérieure de l’État.
44.
The former President joined six other persons, mostly prominent opposition figures,
arrested between 31 July and 3 August 2006, and facing the same charge, namely: Ala former
Vice-President Alphonse-Marie Kadege, the secretary-general of the Parti pour la reconciliation
du people (PRP), Deo Niyonzima, the president of FNL-Icanzo, Alain Mugabarabona, the
advisor to the Ministry of Defence, Colonel Damien Ndarisigaranye (FDN), lawyer Isidore
Rufyikiri and Tharcisse Ndayishimiye (alias “Maconco”). While six of them had been detained
at the SNR headquarters since their arrests between 31 July and 3 August, Colonel Rudadi and
former CNDD-FDD officer Anicet Niyongabo were arrested with Mugabarabona at his house on
31 July, released on 2 August, and then rearrested after they voluntarily presented themselves at
the prosecutor’s office on 9 August for a hearing after which all eight suspects were placed in
preventive detention at Mpimba prison. Colonel Rudadi and Anicet Niyongabo were both
released on 11 August, although both had “confessed” to their involvement in a coup plot during
a press conference prior to their rearrest on 9 August. Their release increased speculation as to
the real reasons for the detention of the others, who had all denied their involvement in any plot.
45.
Legal procedures were only respected in the arrest of one of the six,
Alain Mugabarabona. The others were reportedly detained without arrest warrant or, in
some cases, on the grounds of a search warrant signed by the General Administrator of the
intelligence service (SNR).
46.
Three of the detainees had been tortured during interrogation at SNR headquarters:
Alphonse-Marie Kadege, Déo Niyonzima, and Colonel Damien Ndarisigaranye. All three gave
similar reports: they had been hanged face down by hands and feet, and beaten with various
instruments, including metal and plastic wires and rods. All had scars on their bodies that
supported their allegations.
47.
In reaction to the alleged acts of torture committed during interrogation at SNR
headquarters, the Representative of OHCHR in Burundi addressed several authorities. The
Minister of External Relations and Cooperation, and the Minister of Defence acknowledged that
serious mistakes were made by intelligence agents with regard to the treatment during
interrogation of those arrested and that the Government did not condone this kind of act.
Assurances were given by the President and the Minister of Defence that the allegations of
torture would be fully investigated and the perpetrators would be sanctioned.
48.
Regarding the accusation, all detainees believed it was entirely concocted by the
Government. They explained how the intelligence service had tried to use one of the detainees,
Mr. Mugabarabona, to persuade him to implicate the other suspects. The latter had later
withdrawn his accusation, which led to confusion.
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