A/HRC/12/43
page 10
V. THE SECURITY SECTOR - THE POLICE, INTELLIGENCE
AND DEFENCE FORCES
33. The security sector remains a high priority area for human rights monitoring and
interventions. NGOs report a possibly declining but continued use of torture by the
Burundian National Police (Police nationale du Burundi, or PNB), and to a lesser extent, by the
National Intelligence Service (Service national de renseignement, or SNR). Arbitrary detention,
the non-registration of detainees, and failure to separate children from adults in detention
remains widespread. The most common sites of torture and ill-treatment, according to
information collected in the course of human rights monitoring by the United Nations, are PNB
detention cells. To a lesser extent, members of the National Defence Forces (Forces de la
défense nationale, or FDN) have also been cited in violations.
34. The most notorious recorded episode attributed to the FDN was the abduction and
massacre of 31 civilians in Muyinga province between June and August 2006. A military
tribunal was convened in October 2008 which led to some convictions, including that of the
regional Commander. While welcoming the fact that the massacre was dealt with in court, for
many observers the case is not closed. They note the absence of any case pursued against the
civilians suspected of involvement; the absence of damages awarded to the families of the
victims; and violations of due process.
35. The peace negotiations with the FNL resulted in an agreement to integrate 3,500 FNL
and 250 FNL dissident combatants4 into the security forces. Integration was completed
on 22 April, with none put through a vetting process.
36. Internal procedures exist within each of the security sector institutions - the police, the
intelligence service and the defence forces - to investigate and bring to prosecution crimes
committed by their members, but many crimes remain unaccounted for. General oversight of
these institutions is exercised by the Parliamentary Commission for Security and Defence, which
is composed of elected civilian officials.
37. As part of its general monitoring of human rights, the United Nations tracks incidents
reportedly involving State agents. It also delivers training to security sector institutions on
military ethics, codes of conduct, gender and human rights. With torture now explicitly
prohibited in the new Criminal Code,5 which defines torture as set forth in article 1 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
BINUB will be able to help these institutions to establish rules and procedures to prevent torture
and to sanction it when it happens.
4
Rebel combatants who withdrew from the FNL.
5
Articles 204-209.
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