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 GE.11-13751 (EXT)

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