A/HRC/45/32
6.
Graft
79.
The Commission has obtained evidence that several persons holding high political or
administrative positions, including within the CNDD-FDD party, have real estate holdings
and/or assets in foreign countries, sometimes under a front name, and that they or members
of their entourage hold directors’ positions in several companies based abroad, including in
South Africa, Kenya and Belgium. In addition, the assets of several Burundian officials,
particularly in real estate, appear to be completely out of proportion with their official
remuneration.
80.
In view of the corruption in the Burundian economy and allegations of the payment
of large sums of money to those same persons in order to obtain operating licences,
particularly in the mining sector, the Commission has reasonable grounds to believe that
those officials have enriched themselves illegally. It is worth noting that Burundian elected
officials do not systematically declare their assets to the Supreme Court at the beginning and
end of their terms of office, as required, however, by articles 95 and 159 of the Constitution.
E.
Responsibilities
1.
Responsibility of the Burundian State
81.
Once again, the Commission has found that the Burundian State can be held
responsible for the acts constituting human rights violations documented in this report. 29
82.
The actions of agents of the State, particularly officers of the National Intelligence
Service and the police, but also of the administrative authorities that represent the State in
the provinces, municipalities, districts and hill districts, are directly attributable to the
Burundian State, in conformity with its obligation to respect human rights and ensure that its
agents refrain from violating them.
83.
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 who
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 elements of military uniforms 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, when
they act on the instructions of such agents or when they act in “complete dependence” on or
under the “effective control” of such agents, the Burundian State is directly responsible for
their actions.
84.
In the rare cases in which the Imbonerakure reportedly acted outside these scenarios,
the nearly 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
85.
Because the Commission has not had access to victims and the Government has
repeatedly refused to pass on information, the Commission has been unable to corroborate
the information it has received on the involvement of armed groups in human rights
violations, in particular in relation to security incidents involving them.
29
GE.20-10689
See A/HRC/36/54 and Corr.1, A/HRC/39/63 and A/HRC/42/49.
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