A/HRC/17/50
Rights and the concerns that he had himself expressed regarding the initial bill during his
visit to Burundi, in particular his comments and concerns regarding the independence and
impartiality of the Commission. The law was approved by the Senate on 24 December 2010
and promulgated by the President of the Republic on 5 January 2011.
32.
The independent expert welcomes the establishment of the Commission, which is
composed of seven members and vested with significant powers. He now calls for it to be
rapidly and effectively put in place in accordance with the Paris Principles and invites all
Burundi's partners to give their support to its establishment and to the launching of its
activities.
3.
Ombudsman
33.
The independent expert notes with satisfaction the adoption of Act No. 1/103 of 25
January 2010 on the organization and operation of the Office of the Ombudsman. Under the
terms of article 6 of the Act, the Ombudsman is responsible for examining complaints and
investigating cases of administrative mismanagement and human rights violations
committed by officials of the State; making recommendations to the competent authorities;
performing mediation between the administration and citizens; seeking generally to foster
rapprochement and reconciliation between political and social forces at the request of the
President of the Republic; and observing the operations of Government offices.
34.
The independent expert welcomes the establishment in November 2010 of the
Ombudsman institution, which was provided for in the Arusha Peace and Reconciliation
Agreement. As it has only existed for short while, the independent expert has not yet had
time to make an objective assessment of its role and effectiveness. He will deliver his
assessment of the institution following his next visit to Burundi.
III.
A.
1.
Situation of human rights
Main allegations of violations of human rights and fundamental
freedoms
Violations of the right to life
35.
During the period under consideration, law enforcement officers, and more
specifically the National Police of Burundi (PNB) and the National Defence Force (FDN),
are reported to have been involved in various violations of the right to life. Law
enforcement officers are thus said to have summarily executed nine persons in August,
September and October 2010. It is alleged that, on 26 August, the police arrested a person
in Musigati (Bubanza province) whom they executed that same day on the grounds that the
person had laid an ambush; the person is reported to have been buried on 27 August 2010
by the commune authorities and the police without the family being informed. It is also
alleged that four other persons, arrested by the police on 7 September 2010 in Buganda
(Cibitoke province), were summarily executed on the same day. The police stated that they
had been attacked when seeking to escort those persons to the place where a theft had been
committed in order to identify other thieves. According to the judicial police, the victims
were hit by bullets on the upper right-hand side of their spines, in the forehead, in the chest,
in the thighs and in the middle of the thorax. The authorities and the police buried the
bodies on 8 September 2010 without contacting the families. In addition, six other persons
are reported to have been arrested on 2 October 2010 in Buganda commune (Cibitoke
providence) by the National Defence Force on the basis of information from the
intelligence services. It is alleged that those persons were handed over to the police in
Buganda, who held them in its cells. At about 11 p.m. on the very day of their arrest, the
10
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