A/HRC/4/5 page 16 complete. Therefore, another commission was about to be set up to continue the investigation. The independent expert learned from other sources that the report was issued, but that its implementation had been opposed by members of the Government. In a speech delivered at the celebration of Human Rights Day in the province of Bubanza, the President of Burundi reaffirmed the determination of his Government to bring the perpetrators of this massacre to justice. However, he questioned the findings contained in the report of the commission concerning the number of persons who disappeared. 60. The human rights community has expressed great concern regarding the disappearance of the victims and the lack of political will to bring to justice all the perpetrators. The prosecutor in Muyinga who started the investigation was reportedly threatened by the Commander of the fourth military region. The prosecutor was positive that the victims had been arrested on suspicion of their membership to FNL, detained in Mukoni camp, and later extracted to be killed at night and dumped in the Ruvubu River. As a result of his investigation, he ordered the arrest of the head of SNR in Muyinga along with his driver. SNR chief was then formally charged with “abduction and complicity” in murder. Two military officers who confessed to participating in the disappearance and execution of the victims were arrested by the Chief of Martial Military Court. 61. According to information provided to the independent expert by human rights defenders in Burundi, the judicial commission interviewed many people in the province of Muyinga and collected evidence on the circumstances of the disappearance and execution of the victims. Among those interviewed by the commission was the FDN commander of the fourth military region, the Giteranyi and Buhinyuza administrators and Giteranyi’s PSI Chef de poste. The reports recommended that the administrators of Buhinyuza and Giteranyi, as well as the commander of the fourth military region and three other chiefs of collines be arrested for planning and participating in this massacre. The warrant of arrest of the commander was issued, but it has been suspended by order of the office of the Attorney-General. 62. The independent expert noted a lack of institutional will to shed light on the circumstances surrounding the forced disappearance and execution of those 30 persons between May and August 2006 in Muyinga. Instead, there appears to be an attempt by the Government to wish away the truth. The prosecutor in charge of this case was transferred, and it is suspected that his transfer was the result of the Government displeasure with his role in the investigation. Some of the witnesses and families of the victims are reported to have been intimidated and threatened by local administrations and soldiers of the fourth military region. E. Economic, social and cultural rights 63. The independent expert met representatives of the Batwa community three times during his previous visits (see E/CN.4/2006/109, paras. 59 and 60; A/61/360, paras. 83-85), and had called the attention of the international community on the peculiar situation of the Batwa in Burundi. The community remains marginalized and discriminated against in all areas of life in Burundi, and although they now enjoy a measure of political representation in the Parliament and Senate under the new Burundi Constitution, it has not translated into corresponding opportunities in the Government and its institutions.