A/HRC/12/43 page 8 E. Violations committed by the National Forces of Liberation (FNL) 22. Until its demobilization in April 2009, the FNL set up parallel administrations, mostly in the north-west region, where abuses by them went virtually unchecked. The abuses attributed to the group, which include kidnapping, rape, assault, murder, and robbery, surged during the weeks prior to the April ceasefire, many of which were attacks on Government and CNDD-FDD premises and followers, but also against unrelated civilians and dissidents from its own ranks. With the disarmament of the FNL movement and its accreditation as a political party, any acts of violence by them are now treated as crimes and, in fact, the number of abuses attributed to them has declined. Efforts are under way to ensure their smooth transition to peacetime life, such as through the provision of education and vocational training and the extension of microcredits. IV. JUDICIAL INDEPENDENCE AND ACCOUNTABILITY 23. The legacy of the crises in the Burundian judiciary is a lack of qualified personnel, a history of ethnic imbalance within the judiciary, a lack of fluency in national and international law, and a lack of material, financial and logistical means to perform its functions. 24. Within this overall context, the justice sector exercises little independence. Contrary to the Code on the Magistracy (Statut de la magistrature), recruitment examinations for magistrates are not held and the Ministry of Justice appoints magistrates without consulting the Superior Council of the Magistracy (Conseil supérieur de la magistrature). Similarly, contrary to national law, the Council is rarely consulted on the appointment of judges. 25. The United Nations has received allegations of interference in the functioning of the judicial sector, including transfers of judges in contradiction of constitutionally established procedures, and threats made against judges treating sensitive cases. For instance, on 13 May 2009, the United Nations received a letter from a magistrate who claimed to have been kidnapped and assaulted by unidentified individuals wearing police uniforms. A number of judges have been transferred to different regions on the grounds that they do not fully comprehend the proper functioning of public service. 26. One controversial case is Case RCCB 213 of 5 June 2008, in which the Constitutional Court ruled that parliamentarians who had left the ruling party were occupying their seats unconstitutionally in the National Assembly. The parliamentarians in question were removed and replaced by members of the ruling party. 27. The law on the status of magistrates sets forth procedures for sanctions and discipline. In Burundi, the responsibility for guaranteeing accountability rests first with the heads of jurisdictions and court presidents, and secondly with the Superior Council of the Magistracy and the Office of the Inspector General of the Ministry of Justice. However, these two organs rarely enforce sanctions for misconduct. Article 211 of the Constitution allows citizens to petition the Superior Council of the Magistracy and an ombudsman office, but neither the complaints procedures of the Council nor the ombudsman office is in operation. 28. The Council is also tasked with upholding standards of judicial professionalism and performing duties with respect to the nomination, recruitment, and transfer of judges. However, the Council is itself impeded by a lack of independence. In a memorandum submitted to the