A/HRC/42/49 25. The Imbonerakure often act alone or sometimes in the presence of representatives of the police, the National Intelligence Service or local authorities. They enjoy considerable latitude in carrying out their activities, conferred on them by the Burundian authorities, which, however, have the means to control them, as well as almost total impunity. Imbonerakure are still regularly – indeed, almost routinely – used to supplement or replace the security forces, particularly in rural areas, at the request or with the consent of members, including senior officials, of the National Intelligence Service, the police, the Office of the President and local authorities. Some have military material and equipment reserved in principle for the defence and security forces, such as items of military uniform and boots, which attests to their central role within the formal and informal security structures of the Burundian State. When the conduct of the Imbonerakure is acknowledged and adopted by agents of the State,19 when they act on the instructions of such agents20 or when they act in “complete dependence” on or under the “effective control” of such agents,21 the Burundian State is directly responsible for their actions. 26. In the rare cases in which Imbonerakure reportedly acted outside these scenarios, the general impunity they enjoy following their acts also means that the responsibility of the Burundian State is engaged, in conformity with its obligation to protect human rights. Indeed, the State must, when it is aware or should have been aware of violations or abuses committed by third parties, undertake effective investigations and prosecutions, which has not generally been the case. 2. Responsibility of armed groups and opposition political parties 27. Because the Commission has not had access to victims and the Government has repeatedly refused to hand over evidence, the Commission has been unable to corroborate the information it has received on the involvement of armed groups in human rights violations. C. Violations of civil and political rights22 1. Right to life (a) Introductory remark 28. Violations of the right to life are increasingly difficult to document because bodies are regularly found in public places, often bearing signs of violent death, without the circumstances of the deaths being elucidated. The Commission has received no information concerning steps taken by the authorities to identify the victims, investigate the causes and circumstances of their deaths or find those responsible. Such failings by the Burundian authorities make it ever more complex to distinguish between disappearances and executions. Many people disappear without there being any witnesses, and their fate remains unknown except in cases where a body is found in the days that follow. Indeed, most families see no purpose in filing a complaint or fear reprisals if they seek information from the authorities about the fate of their missing relatives. (b) Summary execution 29. Summary executions have been committed mainly by members of the National Intelligence Service and by Imbonerakure acting alone. Some victims are beaten to death, while others are executed with firearms or knives. 19 20 21 22 GE.19-13419 Yearbook of the International Law Commission, 2001, vol. II, part two (United Nations publication, sales No.: F.04.V.17 (part II)), International Law Commission, articles on responsibility of States for internationally wrongful acts, art. 11, p. 26. Ibid., International Law Commission, articles on responsibility of States for internationally wrongful acts, art. 8, p. 26. A/HRC/39/63, paras. 20–27. For more details of such violations, see document A/HRC/42/CRP.2. 7