A/HRC/4/5
page 9
23.
In addition, the police were allegedly responsible for various forms of ill-treatment and
torture. The human rights section of BINUB reported such cases on a daily basis. In the
province of Bururi, five individuals were reportedly ill-treated by the police at the time of their
arrest on 8 October 2006. Other cases of ill-treatment by the police were reported in the
commune of Kigobe/Bujumbura Mairie, involving nine individuals (including six suspected
FNL members). Six more individuals, all of whom had visible marks of injuries on their
bodies, including partial or complete paralysis of one or both hands, had been reportedly
beaten/ill-treated by the police in Kayanza province. The seven others had been reportedly
beaten by the police of the Cumba Zone position in Muyinga, in collaboration with the Cumba
chef de zone. In the province of Kirundo, two detainees alleged they had been tied up and beaten
respectively by the chef de colline and chef de cellule, upon their arrest.
24.
Furthermore, the Forces de défense nationale (FDN) had been involved in violations of
the right to physical integrity. These violations were committed sometimes during the arrest.
For example, on 14 September 2006, a resident of Muriwe colline, Mubuga zone (commune and
province of Gitega) was allegedly beaten up by two soldiers from the 22nd battalion of FDN.
The victim was reportedly beaten with a stick and slapped. The soldiers claimed to have
acted in self-defence, alleging that the victim had attacked them while resisting arrest. On
23 October 2006, around 8 p.m., the Commander of the military position of Village 3,
Gihanga Commune (province of Bubanza) arrested two individuals for allegedly robbing a
boutique. The two accused were driven to the military position where they were tied up. One of
them was released earlier the same day but the second one who denied any involvement in the
theft was kept overnight and severely beaten. The victim sustained serious injuries and has
threatened to file a complaint for assault and battery.
25.
The independent expert is very concerned at the increasing number of cases of torture
registered during the reporting period. Reports confirmed that this kind of violation was
widespread in the country notwithstanding the training offered by the human rights section in
BINUB. The independent expert noted that administrative authorities and members of FDN
were involved in many cases of torture during the process of arrest. He called upon the
government authorities to bring the perpetrators to justice.
3. Arbitrary and illegal arrests and detentions
26.
Arbitrary arrests have been rising over the reporting period. They include cases of
prolonged stay in police custody, detention in illegal places and lengthy pretrial detention. Some
of the cases observed by the human rights monitors included people who were
detained for minor charges upon instruction from administrative authorities, mostly
commune administrators and Chef de zone and collines. These violations were higher in
September 2006 after the signature of the ceasefire agreement between the Government of
Burundi and FNL-Palipehutu. It seems that many young Burundians tried to register in
FNL-Palipehutu, particularly in the northern regions, in order to take advantage of the
demobilization process. Consequently, 87 minors were allegedly arrested illegally, of which
26 reportedly acknowledged being FNL members. A number of them were held in Ngozi prison
before being transferred to Muyinga where the administrators of the respective communes were
authorized to request their release. Among them were eight persons accused by police of
attempting to recruit on behalf of FNL (of which four were transferred to Makamba), and two
others who admitted to being FNL members.
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