A/HRC/33/37 victims with effective remedies and adequate reparation; and to take steps to prevent recurrence. A. Lack of an independent judiciary 102. The current crisis has further entrenched the existing systemic and institutional dominance of the executive branch over the judiciary. 103. The institutional dominance of the executive branch over the judiciary is now compounded by an executive branch whose members have used violent methods against its (perceived) opponents. This new situation has resulted in victims not filing complaints for violations of human rights and not using the justice system to settle differences. 104. In a well-known illustrative case of the pressures faced by the judiciary, the VicePresident of the Constitutional Court, Sylvère Nimpagaritse, went into exile and made public the threats received by the Court’s judges to change their ruling on the legality of the third-term bid of President Nkurunziza. The independent experts received credible reports about the intense pressure placed on members of the Court to rule in favour of the President. Some of the former justices of the Court who supported a third term were reportedly offered lucrative positions as a reward. 105. Another emblematic case is the trial in relation to the failed coup of 13 May 2015, which was a benchmark to assess the credibility and independence of the judicial system. It resulted in a series of systematic denials of judicial guarantees. B. Truth and Reconciliation Commission 106. Given the ongoing political crisis, the independent experts are concerned by the difficulties faced by the Truth and Reconciliation Commission to implement its important mandate: to uncover the truth about the events that took place in Burundi between 1962 and 2008, and to start a process of transitional justice and collective forgiveness. 107. The independent experts reiterate the concerns already raised with respect to the Truth and Reconciliation Commission by the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-repetition, namely: (a) the de-prioritization of the truth-seeking function in favour of the pardon process; (b) the fact that insufficient resources have been made available to the Commission to carry out its mandate; and (c) concerns over the protection of victims and witnesses. 108. The concerns identified by the Special Rapporteur are exacerbated by the challenges posed by the current crisis. At a moment when public liberties are suspended and expressing disagreement with the Government has become a ground for persecution, when many key witnesses are currently exiled and when gross human rights violations are taking place once again, it is difficult to see how the Truth and Reconciliation Commission will be able to discharge its mandate in a meaningful manner. C. National Human Rights Commission 109. The Burundian Independent National Commission on Human Rights has issued one report since the crisis erupted.29 In it, the Commission downplays the extent of the gross human rights violations that have been committed by indicating minimal numbers. As an 29 See www.cnidh.bi/sites/default/files/CNIDH_Rapport%20annuel%202015%20.pdf. 17