A/HRC/17/50
police are reported to have taken three of those persons to an unknown destination. Their
bodies were found in the Ruzizi river in the Gatumba area, Mutimbuzi commune (rural
Bujumbura province) on 5, 6 and 9 October 2010. A member of the Forces nationales de
libération is also reported to have been executed on 7 September 2010 by elements of FDN
in Gitaramuka, Ruziba area, Kanyosha commune, Bujumbura Mairie, as he was trying to
escape. On 27 September, the FDN Chief of Staff confirmed to the United Nations Human
Rights and Justice Division that elements of FDN had been involved.
36.
On 16 November 2010, the Prosecutor-General informed the independent expert that
he had set up a commission composed of four magistrates and two officers of the judicial
police to investigate the aforementioned violations and submit its report to the Office of the
Prosecutor-General within a month. He said that the establishment of the commission was
warranted by the seriousness and complexity of the matter. The independent expert
informed him of his concern, however, given that the commission was still not operational
three weeks after being established. The commission was supposed to deliver its report
on 25 November 2010. However, at a press conference on 24 December 2010, the Minister
of Justice stated that the commission had not been able to complete its work through lack of
financial resources. The independent expert finds the lack of success of this initiative to be
regrettable as he considers that it can only contribute to the general sense of impunity
prevailing in Burundi. He therefore urges the Government to provide the commission with
the resources needed for it to operate properly.
37.
During his meeting with the Prosecutor-General, the independent expert recalled that
a similar commission had been set up to investigate the assassination of the Vice-President
of the Observatory to Combat Economic Corruption and Malpractice (OLUCOME),4 and
that the matter was still under investigation. The independent expert considers it the duty of
the prosecution service to bring proceedings against those suspected of human rights
violations without it being necessary to set up commissions.
2.
Violations of the right to physical integrity
38.
The independent expert received reports from various sources of an increase in the
number of cases of violations of the right to physical integrity. Mostly, it was said that
those responsible were intelligence officers and the victims were members of the opposition
arrested on the grounds of their alleged involvement in grenade attacks during the electoral
campaign preceding the presidential and legislative elections. For example, from May to
late October 2010, the BINUB Human Rights and Justice Division recorded at least 76
cases of violations of the right to physical integrity, including 18 cases of torture attributed
to the National Intelligence Service (SNR) and the National Police of Burundi (PNB), 55
cases of ill-treatment by elements of SNR and PNB, and three cases of ill-treatment by
FDN officers. It is to be noted that practically no case of torture was reported in Burundi
during the two years preceding the 2010 electoral process.5 The resurgence of such cases of
torture may be considered to be due, in particular, to the fact that their perpetrators have
remained unpunished.
4
5
Ernest Manirumva, Vice-President of the Observatory to Combat Economic Corruption and
Malpractice (OLUCOME), a Burundian NGO based in the Mutanga district in the south of
Bujumbura, was assassinated in the night of 8 to 9 April 2009 at his home by unidentified persons,
who also looted his house and are believed to have stolen several documents relating to the activities
of his organization.
See paragraph 33 of report A-HRC/16/CRP/1 of 29 September 2010.
GE.11-13751 (EXT)
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