A/HRC/9/14 page 16 B. Impunity 1. Gatumba massacre 58. No progress has been made by the Government of Burundi to address the massacre of 119 Congolese people in Gatumba, where mostly children and women were killed in September 2004. According to the authorities, a judicial investigation commission was established in October 2004 by the Ministry of Justice to identify the perpetrators. Two people were arrested in connection with the massacre. The Government explained that the commission could not produce a report because of lack of cooperation from the Government of the Democratic Republic of the Congo. The Prosecutor-General stressed that the commission would have to go to that country to interview people who might have information on the massacre. Unfortunately, the Government of Burundi did not make any request to its counterpart in the Democratic Republic of the Congo to appoint a magistrate for that commission. According to civilian sources, FNL-Palipehutu was involved in the massacre and the Government feared that the publication of the report would jeopardize the peace process with FNL-Palipehutu. 59. As mentioned above, the authorities of Burundi arrested two people who had allegedly participated in the massacre. During his visits, the independent expert met one of them; the man not only denied his involvement, but also informed him that he had never been taken to court since his arrest in 2004. The independent expert appeals to the Prosecutor-General to take the detainee to court for a fair trial. 60. The independent expert is very concerned about the lack of interest of the Government in the massacre, despite Security Council resolution 1577 (2004), in which the Council requested the Government to investigate the matter and ensure that those responsible were brought to justice. The independent expert is of the opinion that only continued pressure from the international community will convince the Government to get to the bottom of this matter. 2. Muyinga massacre 61. In his previous reports (AHRC/4/5, A/62/213), the independent expert expressed his great concern at the lack of political will to bring to justice those who participated in the Muyinga massacre;1 indeed, there appears to be an attempt by the Government to use all kinds of legal and administrative technicalities to prevent full disclosure of the facts pertaining to the massacre. The findings of the various commissions set up by the Government to investigate the case have never been made public. The Prosecutor-General informed the independent expert that the case was transferred to the Auditorat militaire court in April 2007, because the third commission had found that no civilians had been involved in the massacre. The Auditorat militaire confirmed that they had received the case, investigations were ongoing and that the case would be heard within months. The Prosecutor added that all information gathered by the commissions has been added 1 Between May and July 2006, about 30 people were arrested, disappeared or summarily executed in Muyinga.