A/HRC/36/54 IV. Conclusions and recommendations A. Main conclusions 81. In the light of its investigations, the Commission finds that extrajudicial executions, arbitrary arrests and detentions, enforced disappearances, acts of torture and cruel, inhuman or degrading treatment and sexual violence have persisted in Burundi from April 2015 to the time when the present report was drafted. 82. The Commission has reasonable grounds to believe that several of these violations, committed mostly by members of the National Intelligence Service, the police, the army and the Imbonerakure, constitute crimes against humanity. 83. The Commission notes that the democratic space has been considerably reduced since 2015 and a climate of deep fear is affecting Burundians even in the countries to which they have fled. In the Commission’s view, the risk that the refugees might be subjected to gross violations of human rights if they are sent back to Burundi necessitates strict respect for the principle of non-refoulement47 on the part of the host countries. B. Recommendations 84. 1. On the basis of the above conclusions, the Commission recommends as follows: The Burundian authorities should: 85. Put an immediate end to the gross human rights violations being committed by agents of the State and Imbonerakure over which the State exercises control; 86. Investigate these violations, ensure that their alleged perpetrators are prosecuted promptly in accordance with credible, independent and fair procedures and that the victims obtain just reparation and, where the alleged perpetrators are agents of the State, suspend them from their duties pending the completion of the investigation and the judicial proceedings; 87. Take practical measures to bring about a rapid improvement in the human rights situation, in particular by: • Withdrawing the warrants for the arrest of heads of media outlets, civil society organizations and political parties who have neither used nor advocated violence, and permitting their safe return to Burundi; • Lifting the suspension and reversing the revocation of the licences of media and civil society organizations, permitting them to resume their activities with complete independence and reviewing the laws adopted in 2017 concerning non-profit organizations and foreign non-governmental organizations; • Immediately releasing all political prisoners; • Ensuring 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 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; 47 GE.17-13865 Article 33, paragraph 1, of the Convention relating to the Status of Refugees. 17