A/HRC/45/32 work. The Commission deplores the fact that persons who have worked with it have faced intimidation and reprisals. 7. The Commission continued to apply the same methodology and the same standard of evidence, “reasonable grounds to believe”, which are fully consistent with internationally accepted guidance and practice for this type of inquiry.3 D. Applicable law 8. The applicable law is still international human rights law and international criminal law.4 As Burundi has not ratified any new treaties, it is party to the same conventions as previously. 9. The withdrawal of Burundi from the Rome Statute of the International Criminal Court, which took effect on 27 October 2017, does not discharge the country from the obligations arising therefrom while it was a party to the treaty5 or from its obligations under customary international law concerning international crimes. The Commission has referred to the definitions of crimes set forth in the Rome Statute, which are reflected in the Criminal Code of Burundi. II. Main developments A. Developments within international and regional bodies 10. During the period covered by the present report, no special rapporteur or working group visited Burundi and no visits were planned. Special procedures mandate holders sent a communication to the Government regarding a case of an alleged human rights violation. 6 The Government did not respond. The Working Group on Arbitrary Detention adopted two opinions in which it concluded that Germain Rukuki (a human rights defender) and Alexis Sebahene (a soldier held in pretrial detention since August 2015) were being arbitrarily detained.7 11. On 30 October 2019, the Security Council held a formal meeting to consider the situation in Burundi, during which the Special Envoy of the Secretary-General for Burundi, Mr. Kafando, announced that he was stepping down. Since then, the Security Council has been able to hold just two closed-door informal dialogues, in February and June 2020. 12. The targeted sanctions adopted by the European Union against four Burundian nationals responsible for the violent crackdown in 2015, including Gervais Ndirakobuca, who was appointed Minister of the Interior, Community Development and Public Security on 28 June 2020, have been renewed until October 2020. Several countries that are not in the European Union have aligned themselves with this decision. The sanctions adopted by the United States of America are being maintained against 11 Burundian nationals, including Alain-Guillaume Bunyoni, the Prime Minister since 24 June 2020, and Gervais Ndirakobuca. 13. The investigation opened on 25 October 2017 by the Prosecutor of the International Criminal Court into crimes against humanity committed in Burundi between 26 April 2015 and 26 October 2017 is continuing. 3 4 5 6 7 4 See Office of the United Nations High Commissioner for Human Rights, Commissions of Inquiry and Fact-finding Missions on International Human Rights and Humanitarian Law: Guidance and Practice, document HR/PUB/14/7. A/HRC/36/54 and Corr.1, paras. 9–11. See also A/HRC/36/CRP.1, paras. 37–50 (document available on the Commission’s website). International Criminal Court, Rome Statute of the International Criminal Court (17 July 1998), art. 127. JAL (joint allegation letter) BDI 1/2020. A/HRC/WGAD/2019/37 and A/HRC/WGAD/2020/25. GE.20-10689

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