A/HRC/45/32
independence and reviewing the laws adopted in 2017 concerning non-profit
organizations and foreign non-governmental organizations;
• Immediately releasing all political prisoners;
• Ensuring that every person arrested is detained in an official place of detention and
that national and international observers are allowed to visit them;
• Ensure that criminal investigation officers (officiers de police judiciaire) are not
authorized to conduct searches without a warrant, including at night, as envisaged in
the draft amendments to the Criminal Code and the Code of Criminal Procedure;
• Ensuring that individuals lacking legal authorization, particularly the Imbonerakure,
do not perform or participate in law enforcement activities, including in places of
detention, and do not wear military or police uniforms or possess weapons;
• Prosecuting individuals who incite hatred or violence;
• Putting an end to threats, intimidation and acts of extortion by State officials and the
Imbonerakure;
• Giving victims of sexual violence and torture access to medical and psychosocial
services.
162.
Undertake a thorough reform of the judiciary, in particular by:
• Publishing the conclusions of the General Convention on the Judiciary (États
généraux de la justice) held in Gitega in 2013;
• Reviewing the composition of the Superior Council of Magistrates (Conseil supérieur
de la magistrature) so that the majority of its members are designated by their peers;
• Reviewing the nomination, posting, evaluation and promotion procedures of
magistrates so that they do not depend of the executive;
• Ensuring the respect of the principle of security of tenure for judges;
• Protecting and guaranteeing the independence of the judiciary by prohibiting all
interference in their functions by governmental authorities, members of the ruling
party or security and defence forces, and imposing sanctions on those who influence,
or seek to influence, the functioning of the judiciary;
• Developing legal aid programmes for the most vulnerable;
• Reinforcing the protection mechanisms for victims and witnesses, as well as their
efficiency, in order to restore people’s confidence in the system and to encourage
witnesses to testify without fear for their security.
163. Ensure that members of the defence and security forces respect human rights in all
circumstances and serve the interests of the population as a whole, not solely those of the
ruling party, in particular by:
• Reinforcing civilian control over the military and the independence of the competent
organs created by the Constitution to supervise this control, in particular the
Parliament, the National Human Rights Commission and the Ombudsman;
• Implementing civilian control over the National Intelligence Service (Service national
de renseignement) in line with the Constitution;
• Conducting background checks, in particular on human rights, on defense and security
forces and incorporating these measures into reforms of the recruitment and career
progression of these agents.
164. Reconsider their decision to withdraw from the Rome Statute, cooperate fully with
the International Criminal Court in the ongoing preliminary examination and, if an
investigation is initiated, continue that cooperation, inter alia by ensuring the protection of
victims and witnesses;
GE.20-10689
43
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