A/HRC/39/63 accompanied by threats, including threats against the physical integrity of judges, and by reprisals against judges if they do not follow instructions. 64. In cases involving political opponents, the rights of accused persons are routinely violated at both the pretrial and the trial stages through restrictions on such persons’ access to counsel or obstruction of the work of counsel. The right to a defence is also adversely affected by the misuse of the flagrante delicto procedure, particularly in cases involving the offence of “undermining the internal security of the State”, and the absence of an institutionalized system of legal aid. The Commission also received several testimonies indicating that lawyers have been subjected to intimidation. 65. The rules of criminal procedure are rarely observed: warrantless arrests of political opponents are routinely carried out, pretrial detention is illegally extended and judges use confessions made under torture as a basis for convicting defendants, over the objections of defence counsel. Court decisions ordering the release of defendants are not always respected. The inertia of the public prosecution service in most cases of human rights violations and the reluctance of victims to seek redress, either because they have no faith in the judicial system or because they have been threatened or intimidated, are impeding the implementation of the right to an effective remedy29 and fostering impunity. III. International crimes A. Constituent elements and types of crimes 66. In view of the circumstances prevailing in 2017 and 2018, in particular the persistence of human rights violations, the Commission has reasonable grounds to believe that crimes against humanity continue to be committed in Burundi. The definition of such crimes in article 7 (1) of the Rome Statute as “acts … committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack” continues to apply. 67. The attack involves the multiple commission of acts against a population consisting primarily of civilians, pursuant to a State or organizational policy.30 In Burundi, it continues to be the case that most of the victims are civilians, who are targeted mainly by the police, the National Intelligence Service and the Imbonerakure because of their real or perceived opposition to the Government and CNDD-FDD. The policy of the State is difficult to distinguish from that of the majority party, as both are pursuing the same goal of keeping CNDD-FDD and its leadership in power. The general public is regularly reminded of the aim of this policy, as demonstrated by recent speeches made by President Nkurunziza and statements made by representatives of CNDD-FDD at all levels, particularly in the context of the referendum campaign (see para. 49). 68. The number of violations found in several provinces since 2017 and the multiplicity of victims and perpetrators demonstrate the persistence of a widespread attack directed against the civilian population. The systematic nature of the attack is also demonstrable, given the existence of “patterns of crimes” constituting a “non-accidental repetition of similar criminal conduct on a regular basis”.31 69. The attack continues to be carried out knowingly, as the perpetrators identified by the Commission necessarily have an understanding of the context for their actions by reason of their roles in the country’s political and security apparatus, as well as their indoctrination within CNDD-FDD. 70. The Commission thus has reasonable grounds to believe that the crimes against humanity which it identified previously (see A/HRC/36/54, paras. 69–74, and 29 30 31 14 International Covenant on Civil and Political Rights, art. 2. Rome Statute, art. 7 (2) (a). International Criminal Court, The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui, decision of 30 September 2008. GE.18-13070