A/HRC/45/32
work. The Commission deplores the fact that persons who have worked with it have faced
intimidation and reprisals.
7.
The Commission continued to apply the same methodology and the same standard of
evidence, “reasonable grounds to believe”, which are fully consistent with internationally
accepted guidance and practice for this type of inquiry.3
D.
Applicable law
8.
The applicable law is still international human rights law and international criminal
law.4 As Burundi has not ratified any new treaties, it is party to the same conventions as
previously.
9.
The withdrawal of Burundi from the Rome Statute of the International Criminal Court,
which took effect on 27 October 2017, does not discharge the country from the obligations
arising therefrom while it was a party to the treaty5 or from its obligations under customary
international law concerning international crimes. The Commission has referred to the
definitions of crimes set forth in the Rome Statute, which are reflected in the Criminal Code
of Burundi.
II. Main developments
A.
Developments within international and regional bodies
10.
During the period covered by the present report, no special rapporteur or working
group visited Burundi and no visits were planned. Special procedures mandate holders sent
a communication to the Government regarding a case of an alleged human rights violation. 6
The Government did not respond. The Working Group on Arbitrary Detention adopted two
opinions in which it concluded that Germain Rukuki (a human rights defender) and Alexis
Sebahene (a soldier held in pretrial detention since August 2015) were being arbitrarily
detained.7
11.
On 30 October 2019, the Security Council held a formal meeting to consider the
situation in Burundi, during which the Special Envoy of the Secretary-General for Burundi,
Mr. Kafando, announced that he was stepping down. Since then, the Security Council has
been able to hold just two closed-door informal dialogues, in February and June 2020.
12.
The targeted sanctions adopted by the European Union against four Burundian
nationals responsible for the violent crackdown in 2015, including Gervais Ndirakobuca, who
was appointed Minister of the Interior, Community Development and Public Security on 28
June 2020, have been renewed until October 2020. Several countries that are not in the
European Union have aligned themselves with this decision. The sanctions adopted by the
United States of America are being maintained against 11 Burundian nationals, including
Alain-Guillaume Bunyoni, the Prime Minister since 24 June 2020, and Gervais Ndirakobuca.
13.
The investigation opened on 25 October 2017 by the Prosecutor of the International
Criminal Court into crimes against humanity committed in Burundi between 26 April 2015
and 26 October 2017 is continuing.
3
4
5
6
7
4
See Office of the United Nations High Commissioner for Human Rights, Commissions of Inquiry and
Fact-finding Missions on International Human Rights and Humanitarian Law: Guidance and
Practice, document HR/PUB/14/7.
A/HRC/36/54 and Corr.1, paras. 9–11. See also A/HRC/36/CRP.1, paras. 37–50 (document available
on the Commission’s website).
International Criminal Court, Rome Statute of the International Criminal Court (17 July 1998), art.
127.
JAL (joint allegation letter) BDI 1/2020.
A/HRC/WGAD/2019/37 and A/HRC/WGAD/2020/25.
GE.20-10689
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