A/HRC/9/14 page 17 to the case. However, there will be no public report on the Muyinga massacre because all the commissions were judicial and not political. The decision not to release the report was taken in conformity with criminal law in Burundi. 62. It should be recalled that several judicial inquiries into the Muyinga massacre have been held in the past two years. They disclosed the involvement of some civilians, the former commander of the 4th military region Colonel Vital Bangirimana and some of his officers. Two officers were arrested in September 2006, but Colonel Bangirimana was transferred to FDN Headquarters in Bujumbura in the middle of 2007. The accused officers testified before the members of the judicial commission of inquiry that Colonel Bangirimana had ordered the removal of 31 people from the military camp and their transfer to the Ruvubu Park, where they were executed. In October 2006, the president of the first commission of inquiry issued a warrant for the arrest Colonel Bangirimana, but it was never executed. 63. On 21 January 2008, Colonel Bangirimana left Burundi for the United Republic of Tanzania. Before leaving, it is reported that he made a public announcement, alleging the involvement of some senior members of the Government in the massacre. He claimed that he had received an order from the Minister for Defence to execute all suspected members of FNL-Palipehutu in Muyinga province. The Minister denied these allegations in a press conference. 64. The Government of Burundi confirmed that, on 6 February 2008, an extradition request had been addressed to the Government of the United Republic of Tanzania concerning Colonel Bangirimana. In addition, a formal order was reportedly sent to all police and military staff to arrest him if seen on Burundian territory. The request, however, remains to be implemented by the Government of the United Republic of Tanzania. 65. At the time of his most recent visit, the independent expert noted that no concrete action had been taken to extradite Colonel Bangirimana since he fled Burundi. Moreover, on 3 June 2008, the military court declared that it had no jurisdiction to hear the case because the two military officers who had been charged had been demobilized by the institution. The independent expert regrets that the military court did not consider the status of the perpetrators at the time they committed the crime. An appeal was lodged by the defence lawyer against the decision of the military court, but it is not known when the case will be heard. 66. The independent expert regrets that civilians from the administration who were arrested in connection with the massacre were released by the Prosecutor-General without trial. The Prosecutor-General ignored the conclusions of the two first investigations, which implicated the Director of the intelligence office in Muyinga and other members of the local council who allegedly arrested the victims and transported them to the military camps in the Director’s car. Such a decision rejects the lack of political will of the Government to bring to justice those accused of participating in the massacre. 67. The lack of transparency and commitment by the Government of Burundi to fight impunity remains a matter of great concern to the independent expert, who is of the view that the Government is not interested in prosecuting the perpetrators of this heinous massacre. It prefers instead to use dilatory tactics until the international community loses interest in the matter.