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
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